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Russian Journal of Economics and Law

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Vol 13, No 3 (2019)

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

1273-1286 279
Abstract
Objective: to build a model of economic dynamics of the Russian regions.Methods: economic and mathematical modeling, methods of applied statistics and econometrics, general scientific methods of analysis and synthesis.Results: the main approaches to the construction of applied macroeconomic models are studied, their shortcomings are determined. A macroeconomic model of the Russian economy is developed on the basis of three sectors: export-oriented, internally-oriented, and natural monopolies. Based on the constructed non-equilibrium structural model of the Russian economy, the key macroeconomic factors determining the economic dynamics of a region were selected. The developed model was projected to the regional level, taking into account the economic type of the regions and their clustering. Based on the information obtained from the analytical model, co-integration vectors for subsidized and agricultural regions, industrialized regions with a focus on production and processing, as well as the regions with a predominantly developed service sector, were estimated.Scientific novelty: the possibility of adaptation of the disaggregated macroeconomic model of Russia to the macroeconomic analysis of regions is investigated; the vectors of co-integration for the corresponding indicators are estimated. A technique of the Russian regions classification by the area of economic activity and the clusters’ dynamic stability analysis is proposed. Practical significance: the approach is of interest as a tool for quantitative analysis of the economic dynamics of the Russian regions, for developing scenarios and assessing the quality of growth.
1287-1300 241
Abstract
Objective: economic and legal description, formal justification and construction of models of the balanced economic, legal and social macrosystems in order to determine effective strategic decisions under uncertainty.Methods: the theoretical and methodological basis of the study is the synthesis of the provisions and principles of game and management theories, economic and mathematical modeling and the game-theoretical models of decision-making in complex systems developed on their basis, as well as theoretical and methodological approaches of system analysis, economics, sociology, and law.Results: the balance of economic, legal and social systems is determined by the target orientation to the growth of the population’s well-being. The existing mechanisms for achieving this balance do not take into account the interests of all participants of the systems. The paper presents a structural analysis of the interaction and mutual influence of economic, legal and social macrosystems (a complex metasystem); the necessity of transforming the existing approaches to their regulation is shown. The problem of ensuring the systems’ balancing is largely related to the conflict of interests of the parties. Therefore, traditional methods of modeling decision-making processes do not reflect the real socio-economic processes. This problem was solved through game-theory models that contribute to the implementation of the constitutionally established norms which define Russia as a social state. When making strategic decisions in the social sphere, it is proposed to use the concept of the Golden rule of morality as the main economic doctrine, instead of the currently used neoliberal approach, based, among other things, on the concept of Nash equilibrium. The equilibrium models of the complex metasystem by Nash and Berge were formalized, constructed and compared.Scientific novelty: in contrast to the Nash equilibrium (principles of rationality) - the traditional approach used in the construction of equilibrium models, - the paper offers a theoretical justification of the development and construction of equilibrium models and balance sheet equilibrium of economic, legal and social macrosystems by Berge, as well as a formalization of effective strategic decisions and their respective risks.A distinctive feature of the constructed macromodels is the use of the philosophical and moral concept of the Golden rule (the mathematical basis is the balance by Berge) as an economic doctrine for strategic decision-making under uncertainty, and the construction of the so-called guaranteed optimal solutions by Pareto (effective), based, among other things, on the concept of the pair “social guarantee - life risk”. If, in real conditions, one of the macrosystems is economic and is a “generator” of uncertainties, a guaranteed solution is formalized, optimal by Slater (weakly effective).Practical significance: the developed methodology for building the system equilibrium of economic, legal and social macro-systems enables to make decisions socially significant for the population that adequately take into account the peculiarities of the modern socio-economic macro-systems, such as nonstationarity, dysfunctionality, incomplete information, inconsistency, conflict, alternatives, multicriterial character, and risk; and to develop assisting intellectual systems of supporting decision-making based on mathematical models built using the game-theory approach.
1301-1314 283
Abstract
Objective: To compare the specifics of the “public protection responses” to the deepening of marketisation in Russia andChina and to the strengthening of “market fundamentalism” in Western countries.Methods: The methodology is based on the concept of “double movement”, developed in the works of Karl Polanyi, and on the categorical apparatus of the author’s theory of institutional X - and Y -matrices.Results: It is shown that since the 1980s, in most countries of the world, a process of liberalisation of national economies has been taking place, including the active introduction of market institutions in various spheres of social life. In Russia and China, this process is known as post-socialist “market reforms”. However, after the global financial and economic crisis of 2007-2008, which showed once again the instability of the market economy and the continuous growth of social inequality, there have been widespread and continuing attempts to strengthen public control over spontaneous market forces. A similar process took place in the 1930s in Europe and the United States after the Great Depression, and Karl Polanyi then called it a “double movement” or “countermovement”. He described it as a public response to the expansion of the market, “aimed at protecting human life and nature”. The “double movement” has both its positive perspectives and risks. The main risks as Polanyi noticed were the spread of populist ideologies in societies, including fascism, and the associated threat of social instability. The consideration of the Polanyian approach with the categorical apparatus of the theory of institutional X - Y -matrices revealed the specificity of the “double movement” in Russia and China compared to the capitalist countries of the West. It is shown that in Russia and China, the scale of state participation in the economy and social control over the market, compared with Western countries, is significantly higher, which makes the economic development of these two countries more stable and predictable in the context of the continuing “era of uncertainty.” The specific risks of “double movement” for these countries were also identified associated with excessive strengthening of the unitary principle in the political system and an “overdose” of collectivist ideas to the detriment of personal aspirations and values.Scientific novelty: Identification of the specific features of the “public response” to excessive marketisation in countries where either X - or Y -institutional matrices dominate.Practical significance: The results obtained can be used as theoretical and illustrative material in courses on institutional economics and economic sociology, as well as for examining the implications of various and differing institutional designs of national economic policies.

ASPECTS OF DIGITAL ECONOMY

1315-1329 369
Abstract
Objective: to identify characteristics of modern financial technologies, which have become a catalyst for rapid and irreversible changes in the financial sector; to classify the problems of regulation of finance technologies and their products; to search for a compromise between the promotion of financial innovations and financial risks to ensure financial stability. Methods: systematic approach to the cognition of economic phenomena, enabling to study them in dynamic development, taking into account the influence of various environmental factors. The systematic approach determined the choice of specific research methods: empirical, historical, logical, comparative, and statistical. Results: it is shown that the modern financial system is evolving towards its decentralization based on the distributed registers and blockchain technologies. The evolution of decentralized platforms and their impact on the development of crypto networks are considered. The basic principles and working mechanisms of decentralized crypto networks, the advantages and disadvantages of decentralized protocols are reviewed. It is shown that the development of a decentralized financial market is inextricably linked with centralized technologies - artificial intelligence technologies and the use of software interfaces, big data analytics and machine learning. The use of modern financial technologies reduces barriers and costs of entry to the markets for financial intermediaries, but also generates new risks in the system, requiring codification and updating of regulation forms. Regulatory actions of the authorities aimed at minimizing the risks generated by innovative technologies are also described.Scientific novelty: the article shows for the first time that the basis of the modern financial system is decentralized technologies of distributed registers and blockchain, which allow maintaining databases, reaching consensus, generating new transactions and controlling them from more than one center of the distributed network. In order to maximize the impact of the third era of the Internet, decentralized platforms must be synchronized with centralized technologies, the development of which contributes to further decentralization of the financial system. In order to maintain financial stability, prudential regulators and supervisors will have to find an effective compromise between encouraging further financial innovations and the financial risks posed by them.Practical significance: the main provisions and conclusions of the article can be used to clarify the target mandates, tools, channels and mechanisms of monetary policy of the Bank of Russia, directly related to technological innovations, acting, under the growing uncertainty in the economy, as a built-in stabilizer of financial stability, elastic regulation of trading and financial imbalances within the country and between countries.
1330-1342 363
Abstract
Objective: to research innovative technologies as a means of protecting important information; to reveal the relationship between information security and improving the performance of banks.Methods: the problem of banks’ counteraction to cyberattacks was researched with systematic approach and a method of statistical analysis.Results: under the development of information and communication technologies, the problem of theft, modification, and forgery of information has acquired the greatest importance. Cyberattacks threaten the loss of personal data and can affect both the functioning of financial and commercial organizations, and the economy of the state as a whole. In this article, cyber threats are viewed as a priority problem of banks under widespread digitalization. The main trends in the field of cyber risks are identified; the dynamics of cyber attacks is studied. The activities carried out in Russia to prevent cybercrime are considered. The main reasons for cyber threats in the banking sector are systematized, including the human factor. Conclusions are made that in order to prevent cyberthreats it is necessary to introduce banking innovations based, among other things, on the positive foreign experience of applying the process-oriented approach, BigData technologies, blockchain, and biometric identification of customers.Scientific novelty: a set of measures was developed to introduce banking innovations and reduce cyber threats, including the development of cyber insurance.Practical significance: the proposed recommendations can be used in the practical activities of government agencies and banking professionals when making decisions in the field of cybersecurity.
1343-1355 249
Abstract
Objective: to identify the infocommunication connectivity of Siberian regions in order to delimitate the territorial digital platforms as the basis for forming territorial clusters of the future digital economy.Methods: content analysis, calculation of information flow delay between cities, comparative analysis, network analysis. Results: the connectivity of ten Siberian regions was estimated by the value of information flow delay between the administrative centers of these regions. Delay calculations were carried out according to the author’s database of telecommunication lines between all cities. Only fiber-optic communication lines were taken into account. It is shown that with the existing fiber-optic network of Siberia allows allocating five territorial digital platforms that unite six digital urban agglomerations. In case of straightening the communication lines between the agglomerations’ cores, it is possible to form four platforms uniting all eight Siberian digital agglomerations. Then, in future, 47% of the Siberian Federal district cities may appear to be out of the digital economy.Scientific novelty: the trend of the Russian publication activity in the field of economic connectivity is determined; it is proposed to assess the infocommunication connectivity of regional administrative centers by the delay of information flow between them; the curvature of the infocommunication space of Siberia as a kind of economic space is measured; the idea of the territorial digital platform is formulated; interregional and regional digital platforms of Siberia are identified. Practical significance: the author compiled a list of Siberian cities, the ultra-small information flow delay between which allows forming territorial clusters of the future digital economy.
1356-1369 298
Abstract
Objective: to identify the effects of the Internet influence on the society and economy; to develop a typology of network users based on the frequency of using digital resources; to determine the influence of the frequency of using the Internet technologies on various (economic, social) aspects of life; to test the hypothesis of the correlation between the desire to compensate for social dissatisfaction and activity in the Internet.Methods: Pearson’s linear correlation of a sociological survey data.Results: it is determined that the impact of digitalization on the society is caused by such phenomena as cyber socialization, network imprinting, information consumerism and self-identification crisis. Based on the results of polling carried out in Vologodskaya oblast among the economically active population ( N = 1500), it is proved that the Internet in some cases is used as a replacement for the aspects of social reality critically perceived by the user. Pearson’s linear correlation of the sample sociological showed close statistical correlation between the frequency of Internet resources using and the indicators of social well-being, which confirms the inverse relationship of these variables.Scientific novelty: to achieve the research objectives, the typology of Internet users is proposed: indifferent, moderate, and permanent. The typology is based on the frequency using digital resources (whereas in the scientific tradition, Internet activity is more often considered as a manifestation of addiction). This approach contributes to the development of the theory of the digital economy.Practical significance: recommendations are proposed for integrating the efforts of the educational and scientific community, medicine, and civil society structures to develop a model of desirable Internet activity.

THEORY AND HISTORY OF LAW AND STATE

1370-1378 248
Abstract
Objective: to study the philosophical and social mechanisms of legitimization of law in the modern legal discourse. Methods: the methodological basis of the study is the concept of legal discourse by Y. Habermas, which allows considering the said issue in the context of legal interaction between the state and society, taking into account the modern trends of social and legal development.Results: it is concluded that the process of legitimization of law under modern conditions is of a conventional nature, implying the establishment of mutual rights and obligations of the state as a lawmaker and the society as a subject and object of state activity. As a subject, the society provides legal discourse with the necessary interpretation of social needs and forms a legitimate image of law, the implementation of which is based on socially active behavior of citizens. As an object, the society is the key element of the goal-setting of state law-making aimed at the creation and maintenance of security and legal order. The legislative activity and law enforcement acquire the necessary legitimacy only when the state’s perceptions of the images of objective and subjective social needs are identical.Scientific novelty: based on the discourse analysis of social development, the features of the law legitimization mechanism under modern conditions are revealed. In particular, the law created by this mechanism will be characterized by the following features: a) it acts as an intermediary in the interaction between the political system and a person (public administration and the economic system); b) it acts as a system of rules governing relations between the state and society at individual and normative levels of legal regulation. The legal norms establishing prohibitions must be justified in terms of moral and political discourse. This justification becomes an element of their legitimization and indicates the achievement of social consensus in relation to the claims of the state to its right/duty to form and maintain public security and the rule of law. Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering the nature and content of legal development.

CRIMINAL LAW AND CRIMINOLOGY

1379-1403 238
Abstract
Objective: to improve the legal regulation of punishment in the form of deprivation of departmental awards of the judicial system of the Russian Federation for corruptive deeds committed by the awarded persons.Methods: the methodological basis of the study is the dialectical method of cognition and the general scientific (historical, logical, systemic) and specific scientific methods (grouping, analysis, synthesis, comparison, interpretation, etc.) based on it. Results: based on the comparative-legal research of departmental normative legal acts regulating the awarding with official awards of the judicial system of the Russian Federation, the author describes the awarding policy of the judicial system: the grounds and specifics of awarding with departmental and other official awards; the subjects and objects of award relations; the social consequences of awarding; the features of deprivation of departmental awards, including for corruptive deeds. Based on the study, it can be ascertained that the legal regulation of deprivation of departmental awards of the judicial system of the Russian Federation has a number of significant contradictions that should be eliminated. It is necessary to systematize the law on awarding of the judicial system of the Russian Federation, as a result of which there would be established uniform requirements for awarding individuals and legal entities with departmental awards, as well as depriving them of the awards for corruption and other deeds.Scientific novelty: for the first time in the Russian legal science, anti-corruption measures are proposed using the norms of the award law of the judicial system of the Russian Federation, namely, punishment in the form of deprivation of departmental awards of persons guilty of corruption. Practical significance: it is proposed to improve the norms of the award law of the judicial system of the Russian Federation for more effective corruption counteraction by using punishment in the form of deprivation of departmental awards of persons who committed corruptive deeds.
1404-1411 251
Abstract
Objective: to identify the causes of mistakes and quasi-mistakes in applying criminal law; to establish consequences of un- substantiated illegal law-enforcement decisions made by interrogators, investigators, prosecutors, and judges due to mistakes and quasi-mistakes; to elaborate proposals aimed at preventing these mistakes and quasi-mistakes.Methods: analytical, dialectical, dogmatic, documentary, logical, practical, and systematic.Results: the concepts of “mistake in applying criminal law” and “quasi-mistake in applying criminal law” are defined; the causes of the mentioned mistakes and quasi-mistakes are identified; the most harmful consequences are identified, which are related to unsubstantiated illegal law-enforcement decisions made by interrogators, investigators, prosecutors, and judges due to mistakes and quasi-mistakes at law-enforcement and managerial levels of implementing the criminal legal policy of the state; the proposals are formulated to enshrine in the legislation the duty of the law enforcement officer to be responsible for a mistake or quasi-mistake in decision-making and for the negative consequences that have arisen, as well as the proposal to exclude such a duty due to objective circumstances.Scientific novelty: the article for the first time a) defines the concept of “a mistake in applying criminal law” as a neglect in the investigative and judicial practice, inaccuracy, distortion, flaw when classifying a deed under the criminal law, as well as when using the criminal legal measures. Also, b) the author gives the definition of “a quasi-mistake in applying criminal law” as a deliberate making of an illegal, unsubstantiated decision. The reasons of the mentioned mistakes or quasi-mistakes are identified: a) complexity of the specific situations that must be overcome by applying the criminal law; b) low professional level of law enforcers; c) negligence in carrying out the investigation/judicial proceedings due to personal qualities, disruption of work, excessive workload; d) impact on decision making of conjuncture circumstances, opinions/orders of the law-enforcement body’s authority, other officials or other persons. The most harmful consequences of unsubstantiated illegal law-enforcement decisions made by law-enforcers due to mistakes and quasi-mistakes are identified: a) devaluation of the criminal law; b) degradation of the investigative and judicial system; c) the loss of people’s faith in the validity of the state authorities’ decisions, decency of the authorities, and justice.Practical significance: the main provisions and conclusions should be used to improve the investigative and judicial activities at law-enforcement and managerial levels when implementing the criminal law policy of the state.

TRANSLATED ARTICLES

1412-1429 399
Abstract
Objective: to research the influence of organizational injustice on police misconduct in the United States of America. Methods: dialectic approach to the cognition of social phenomena, allowing to analyze them in the historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal-logical, comparative-legal, sociological.Results: numerous researches support the association between organizational justice and employee performance. This study utilizes organizational justice as a theoretical framework to predict self-reported police misconduct. In particular, this study builds upon recent work into police officers' behavioral responses to perceived injustice by exploring the link between perceptions of overall organizational injustice and three forms of police defiance: 1) using departmental rules, policies, or laws against the administration when needed, 2) purposely undermining the administration's goals, and 3) disregarding organizational policies and procedures. Data was collected using an online self-report survey distributed to a convenience sample of sworn police officers that were members of a police officer association in a southern state.Scientific novelty: for the first time, the work analyzes the impact of organizational injustice on police defiance. Multinomial logistical regression techniques were used for analyses, suggesting that perceived overall injustice has a positive effect on the likelihood officers would self-report engaging in all three forms of organizational defiance, namely: 1) using departmental rules, policies, or laws against the administration when needed, 2) purposely undermining the administration's goals, and 3) disregarding organizational policies and procedures.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activity when viewing and studying the issues related to the impact of organizational injustice on disciplinary breaches of police officers.
1430-1449 523
Abstract
Objective: to study stress in the work of law enforcement agencies under the changing socio-political environment. Methods: dialectic approach to the cognition of social phenomena, allowing to analyze them in the historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal-logical, comparative-legal, sociological.Results: interviews with representatives from 110 law enforcement agencies showed how occupational stressors have changed in recent years. The most frequently cited stressors involved day-to-day enforcement activities that put officers in potentially dangerous situations, the administrative burden and shift work associated with the profession, family and relationship challenges that accompany the job, and the state of police community relations and negative portrayal of the police by the media. Respondents reported that officers experience increased fear and stress due to recent changes in the socio-political environment, which is characterized by strained police-community relations, increased scrutiny associated with the 24-hr news cycle, and the ubiquity of personal recording devices and sharing videos on social media.Scientific novelty: for the first time, the work presents an analysis of the impact of stress in the law enforcement agencies under the changing socio-political environment. The new positive factors which have changed the landscape of police stress for the better are: 1) the current socio-political environment; 2) generational shifts in the workforce and; 3) efforts to destigmatize mental health care.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activity when viewing and studying the issues related to stress in the work of police officers under the changing socio-political environment.

RATINGS AND REVIEWS

1450-1460 297
Abstract
Objective: to comprehensively and objectively assess the dissertation by S. I. Cherepanov “Comparative-legal study of the jury institution in the Russian Empire according to the 1864 judicial reform and the advocacy institution in the Russian Federation”, defended in Nizhny Novgorod Academy of the Russian Ministry of Internal Affairs in 2019.Methods: method of complex analysis of scientific text, methodology of chrono-discrete monogeographical comparative legal research.Results: the paper presents the author’s conception of chrono-discrete development of the advocacy in Russia, focusing on the theoretical merits of the work and the author’s practical recommendations for improving the advocacy institution in the Russian Federation. In the first chapter, the author examines advocacy as chrono-discrete Russian institution, explores the normative base of the advocacy functioning in the Russian Empire and the Russian Federation, as well as the periodization of the advocacy history in Russia. The second chapter is devoted to the analysis of the legal status and corporate structure of the jury and advocacy in the Russian Empire and the Russian Federation, as well as the advocacy functions in the pre-revolutionary and modern periods. At the same time, there are some criticisms of the applicant’s work. In general, it is concluded that the reviewed work is written at a high level, meets all the requirements for PhD theses, and its author deserves the PhD (Law) degree. Scientific novelty: for the first time, a comprehensive assessment is given to S. I. Cherepanov’s dissertation “Comparative- legal study of the jury institution in the Russian Empire according to the 1864 judicial reform and the advocacy institution in the Russian Federation”.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and legislative activities in the consideration and study of issues related to the advocacy.
1461-1472 300
Abstract
Objective: to evaluate the authors’ complex system of views on the victimological aspect of modern criminology through the prism of critical perception of the reviewer.Methods: dialectic method and systemic (and synergetic, extinguished from it) approaches as a universal methodological basis for research and general scientific methods of analytical study of the work (analysis and synthesis, generalization, comparison, abstraction, modeling, etc.).Results: the article presents an analytical review of the author’s research of the branch criminological theory addressed to the study of the crime victim with an emphasis on certain key aspects. The victim of crime is interpreted as a physical or legal person who, as a result of a crime, suffered direct or indirect physical, material (property) or moral harm or their business (professional) and/or political reputation was undermined. In the work, the notion of a victim refers to a narrower circle of individuals, that is, only those who suffered the harm directly caused by a crime. The review notes the relevance of the work, meeting the needs of modern criminological science and practice, and the scientific and practical importance of the material systematized by the authors, providing important scientific ideas in the major fields or promising directions of developing victimology as a branch of criminology. The article assesses the provisions on victim as the main category of victimology, classification of victims, personal and non-personal factors of victimization, as well as the priority areas in which the authors see the development of criminological victimology. Corrections of definitions of some basic concepts, new aspects of the investigated problem are offered. Scientific novelty: the paper presents for the first time a problematic view of victimology as one of the main aspects of criminological science and its promising areas of scientific research.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities in the consideration and study of issues related to the improvement of crime prevention, especially law enforcement activity, and the relevant branch of criminological science.
1473-1483 226
Abstract
Objective: to conducting a comprehensive analysis of the PhD (Law) thesis by S. M. Buchayev, on the topic “Criminological issues of counteracting the process of forming a personality of a criminal-terrorist”, defended in 2019 in the Dissertation Council D 999.132.02 at Chechen State University and Southwestern State University.Methods: dialectic approach to the cognition of social phenomena, allowing to analyze them in the historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal-logical, comparative-legal, sociological.Results: the author’s idea is studied, which is aimed at solving the criminological problems of counteracting the process of formation of a criminal-terrorist personality. The relevance of the research is proved. The most frequently used method of recruitment is highlighted, based on the scenario of social inequality using the Internet telecommunication network. The main provisions representing the author’s concept are confirmed. The reviewer’s views on the thesis are presented, concerning the definition of the characteristics of an individual terrorist, terrorist crimes as a whole, and the system impeding the formation of a criminal-terrorist personality. A number of the thesis provisions are critically evaluated, including its narrow geography, correlation between extremism and terrorism, and the author’s system of terrorist crimes.Scientific novelty: the doctrinal merits of the thesis are identified; the provisions that require additional theoretical and applied reasoning are revealed. In general, the thesis by S. M. Buchayev significantly deepens and expands doctrinal positions on the nature, methods and means of countering the process of a criminal terrorist personality formation.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering and researching the issues related to the current state of recruitment and the personality of a person committing terrorist crimes.


ISSN 2782-2923 (Print)