Vol 14, No 1 (2020)
ECONOMICS AND NATIONAL ECONOMY MANAGEMENT
5-21 344
Abstract
Objective: to study the main problems of an institutional and legal nature that hinder the effective implementation of measures to support small and medium-sized businesses; to formulate the main directions of changing legislation in this area on the basis of the results obtained.Methods: analysis, synthesis, system approach, formal and legal methods.Results: the author reveals the main mechanisms for supporting small and medium-sized businesses that are currently stipulated in the legislation. Based on the analysis of current trends in the development of small and medium-sized businesses, the key institutional and legal problems are formulated that prevent the effective implementation of measures to support small and medium-sized businesses. Among the key issues identified are: antitrust regulation, access of small and medium-sized businesses to the public procurement system, and taxation. Based on the results obtained, specific proposals were made to change the current legislation in this area.Scientific novelty: on the basis of the identified main institutional and legal problems that hinder the effective implementation of measures to support small and medium-sized businesses, the main directions for changing the regulatory impact on business are formulated. The author suggests and justifies specific formulations that need to be included in the current regulatory legal acts in order to improve the investment climate and successfully implement measures to support small and medium-sized businesses.Practical significance: the results obtained can become a basis for development of normative legal acts aimed at amending the existing legislation and contribute to solving the most important problems in the sphere of support and development of small and medium-sized businesses.
22-39 563
Abstract
Objective: to develop a concept and methodological approaches for establishing objective bankruptcy based on financial and economic tools.Methods: the study used general scientific methods of cognition, including a systematic approach, analysis and synthesis, logical and comparative analysis, the method of grouping and generalization, expert analysis, methods of scientific classification, tabular methods of data visualization.Results: the need to change the concept of determining insolvency by introducing the term “objective bankruptcy” is due to the need to revise approaches to its assessment, as well as the importance for the country’s economy of determining actual organizations that are bankrupt, and the ambiguity of the existing theoretical and methodological approaches to the analysis of problematic companies. To achieve the study objectives, the differences were identified between the traditional under- standing of the signs of bankruptcy and a modern interpretation of an objective bankruptcy; a classification of characteristics and reasons of the objective bankruptcy was proposed; principles and methodological approaches to using financial and economic tools for objective evidence of the bankruptcy were elaborated; the general algorithm of substantiating the date of objective bankruptcy was proposed; the peculiarities of imposing vicarious liability on the entities controlling the debtor in case of objective bankruptcy are found. Scientific novelty: for the first time, the economic and financial tools to establish the objective bankruptcy are disclosed in detail: the components of proximate analysis are identified, based on the characteristics following directly from the definition of objective bankruptcy, and in-depth (extended) analysis, revealing the financial-economic, organizational, managerial, investment reasons for its occurrence; the aggregate blocks of factors are allocated to identify the objective signs of bankruptcy; the algorithm is proposed for determining the moment of insolvency and specifying the amount of vicarious liability of the entities controlling the debtor, which involves implies not a purely accounting approach, but the one taking into account the actual conditions of the debtor’s activity, the amount of their obligations and the market value of property. Practical significance: the main provisions and conclusions of the scientific work can be used: a) in scientific activities for further development of financial and economic tools for determining the objective bankruptcy of companies; b) in law enforcement practice when considering the issues of imposing vicarious liability on the entities controlling the debtor in case of bankruptcy; c) by the National Association of self-regulated organizations of trustees when developing a federal standard or guidelines for conducting a financial analysis of debtor companies by trustees.
40-56 249
Abstract
Objective: to identify the key trends in the development of regional centers’ budgets in 2011-2018 by the example of the North-Western federal district compared to general Russian trends.Methods: system approach, comparison method, horizontal and vertical analysis of financial coefficients, synthesis. Results: territorial development plays the key role in ensuring sustainable development and improving socio-economic indicators in the country. However, it is impossible without the appropriate resource base of the authorities, necessary for the implementation of strategic objectives for the territories’ development. The current system of inter-budgetary relations has led to a significant reduction in the territories’ revenues and a reduction in their budget opportunities. The article identifies the key trends and current development patterns of budget systems of the North-Western federal district regional centers for2011-2018. It is determined that the ratio of own income and gratuitous financial assistance has changed since 2014. Based on the official statistics, it is proved that the key reason for changing the structure of regional centers’ budget revenues is the reduction of revenues from the budget-forming tax on personal income due to legislative adjustments to the mechanism for redistributing tax deductions between the levels of the budget system. The increase in the level of debt burden of the North- Western federal district regional centers from 33 to 52 % of their own revenues was revealed. It is shown that the risk of budget reduction in the social sphere and economy financing increased due to the growing cost of servicing municipal debt, which in the North-Western federal district regional centers increased 14 times in 2011-2018, while the average growth in Russia in that period was four-fold. The increase in the rate of budget expenditures centralization was revealed, which was manifested in an eight-fold increase in the delegated authority from higher levels to the budgets of regional centers of the North-Western federal district in 2011-2018.Scientific novelty: modern patterns of budget systems development of regional centers of Russia and the North-Western federal district are defined and justified, in particular for 2011-2018.Practical significance: the materials of the article can be used by professors of higher educational institutions in the educational process, and by researchers as a research base. Also, the results of the study can be taken into account when implementing the budget process at the municipal level.
57-66 309
Abstract
Objective: to study the regularities and features of the Russian market of fashion counterfeit goods.Methods: dialectical approach, system approach, analysis, synthesis, comparative analysis method.Results: the main types of counterfeit goods in the fashion market are identified that differ in quality and cost and, as a result, in their presence in various segments of the fashion industry. The uncertainty of boundaries between counterfeit and original products is marked, which is used by manufacturers to sell fakes to consumers. It is found that the distribution channels of counterfeit products are numerous and differentiated depending on the type of counterfeit, the Internet being the most powerful one. Among the most significant factors affecting the distribution of counterfeit products in the fashion market, the following were identified: development of online commerce, behavior of the Russian consumers, and integration processes. Counteraction to counterfeiting should be based on improving the customs protection of intellectual property under integration and improving the anti-counterfeit culture of the Russian consumers.Scientific novelty: a study of the market for counterfeit goods in the fashion industry is presented; the reasons and factors that contribute to the production and distribution of counterfeit goods in this economy sector are identified, which will may help to develop adequate anti-counterfeit measures.Practical significance: the study results can serve as the basis for updating and developing anti-counterfeit measures that are adequate to the modern conditions.
ASPECTS OF DIGITAL ECONOMY
67-78 250
Abstract
Objective: to study the impact of broadband Internet on the economic growth of the Russian regions.Methods: econometric modeling using the Cobb-Douglas production function and the R. Solow economic growth model, comparative analysis (benchmarking).Results: broadband Internet stimulates and accelerates the process of digital transformation, contributing to the creation of economic ties. However, methods for assessing the impact of broadband Internet on economy are still imperfect. The article uses the R. Solow economic growth model to identify and justify the positive impact of broadband Internet on the gross regional product of the Russian regions in 2010-2016; the Russian regions ranking is presented, based on the degree of production factors efficiency, which includes indicators of digital infrastructure development in addition to traditional ones; the leaders of this ranking are identified, as well as the areas of best practices typical for these regions of the Russian Federation. Scientific novelty: a new method of benchmarking of the Russian regions is proposed, based on the production factors efficiency and their contribution to economic growth, according to the results of econometric modeling.Practical significance: the obtained results substantiate the need to improve and accelerate the development of broadband Internet as one of the indicators providing the Russian regional economic systems development; thus, the directions of the digital economy implementation (digital transformation) in the Russian Federation regions are identified.
CRIMINAL LAW AND CRIMINOLOGY
79-91 749
Abstract
Objective: to conduct a critical analysis of the existing definitions of artificial intelligence and develop an authors’ version of the concept acceptable for legal sciences.Methods: the methodological basis of the study is a set of scientific cognition methods, including abstract-logical method, comparison and correlation analysis.Results: the main regularities of decision-making by artificial intelligence are identified; the mechanism of its perception of objective reality is determined; the fundamental ability of machine learning to conform its behavior to socially acceptable processes is confirmed. It is assumed that there are many ways to describe artificial intelligence: by indicating the action mechanism, the basic operation principles, the range of tasks to be solved, etc. However, the most convincing and consistent is position of those researchers who tend to describe the AI phenomenon by designating its properties and characteristics. The authors state that there is no definition of “artificial intelligence” in the modern legal doctrine. As a result of a comprehensive analysis of various scientific sources in a systematic unity with own judgments, it is proposed to introduce the author’s version of the “artificial intelligence” concept into scientific circulation.Scientific novelty: the paper presents an assessment of the “artificial intelligence” concept definitions available in the scientific literature and legal framework, as well as the authors’ opinion on their relevance, comprehensiveness and topicality; there is an attempt to formulate the definition taking into account all the significant properties of artificial intelligence.Practical significance: is due to the current impossibility to apply legal norms and rules to relations involving artificial intelligence taking into account their specifics. The main provisions and conclusions of the study can be used to improve the mechanisms of legal regulation of artificial intelligence in the Russian Federation.
92-104 274
Abstract
Objective: to improve the legal regulation of material incentives for anti-corruption whistleblowing in the Russian Federation as an effective tool for counteracting the said negative social phenomenon.Methods: the methodological basis of the research is the dialectical method of cognition and general (historical, logical, systemic) and specific (grouping, analysis, synthesis, comparison, interpretation, etc.) scientific methods based on it. Results: based on the comparative-legal study of departmental, regional and municipal regulatory legal acts regulating the issues of material stimulation of the anti-corruption whistleblowing in Russia, the author describes the state of legal regulation of the said institution for combating corruption: reasons and specifics; subjects and objects of anti-corruption incentives for whistleblowing; features of applying one-time reward for it. Based on the conducted research, it can be argued that the legal regulation of stimulating anti-corruption whistleblowing has a number of significant contradictions that need to be coordinated and eliminated. The author argues that it is necessary to develop a unified approach to such regulation, to systematize the regulatory legal acts, and when implementing a one-time material incentive for anti-corruption whistleblowing - to apply differentiated and individual approach based on proportionality principle.Scientific novelty: for the first time in Russian legal science, the institution of anti-corruption whistleblowing is described as a form of approved anti-corruption behavior and a self-contained institution for combating corruption; measures to improve its legal regulation are proposed.Practical significance: it is proposed to improve the rules governing the use of the anti-corruption whistleblowing institution in order to more effectively combat corruption in the modern Russian society.
TRANSLATED ARTICLES
105-141 1871
Abstract
Objective: to study the problem of pornographic deepfakes - doctored images and videos featuring faces of persons who were not engaged in the acts, and to propose solutions for the problem.Methods: observation, document study, comparison, analysis, synthesis.Results: it is proposed to solve the problem of pornographic deepfakes at the level of the U.S. federal criminal legislation, as currently there is no federal or state law criminalizing their creation or distribution.Scientific novelty: for the first time, the legal aspect of pornographic deepfakes is considered as a phenomenon of today’s digitalization and using of new techniques for creating virtual reality harmful for humans.Practical significance: a new federal criminal statute is proposed to regulate creation or distribution of pornographic deepfakes. The proposed law combines components of the ENOUGH Act and MDFPA with other necessary elements to combat pornographic deepfakes and protect their victims. The proposed statute text is set forth and analyzed. The research results can be used in further scientific works, to improve legislation and law-enforcement practice not only in the United States but also the Russian Federation and other countries.
142-164 462
Abstract
Objective: to study how speech protections interfere with the government’s ability to protect political discourse as a process necessary for a democratic state and to propose the government regulations of journalists activity to ensure that people can rely on legitimate news media to receive accurate information.Methods: observation, document study, comparison, analysis and synthesis.Results: based on the carried out research, the author proposes mandatory licensing of professional journalists, as the fake news problem presents a number of threats to U.S. democracy because it undermines people’s ability to rely on information sources and interferes with their ability to form reasoned opinions and make rational decisions as citizens. Both an informed public and a strong press are crucial to democratic self-governance. Fake news threatens democracy by making citizens vulnerable to manipulation that could cause them to vote against their interests, adopt unfounded beliefs, or distrust legitimate media. Scientific novelty: the notion of fake news as a phenomenon threatening a democratic state is formulated; the issues of minimizing its negative effects are considered.Practical significance: the proposal of licensing of professional journalists according to the same principles as other professionals is one of the plausible ways to achieve this balance between protections for speakers and listeners. This is justified by the journalists’ special access to information, as nonlawyers and nondoctors are unable to access specialized information about law or medicine.
DISCUSSIONS
165-173 283
Abstract
Objective: to assess the author’s vision of the problem of disinformation through the mass media, which led to a legal dispute regarding the constitutional human rights and the protection of society against fake news.Methods: dialectical method and system approach, general scientific methods of analytical study of the work (analysis and synthesis, generalization, comparison, abstraction, etc.), formal legal method.Results: based on a comprehensive review of the article, reasonable conclusions are made about the conflict between the right to disseminate information and the right to receive high-quality and reliable information, which currently cannot be satisfactorily resolved due to the politicization of the problem and the relative lack of specificity and a declarative character of the American Constitution. The author compares the situation on this issue in Russia and other countries, inviting researchers to further proper dialogue.Scientific novelty: the comment to the article by D. Manzi can be useful for forming a generalized vision of the problem of fake news and the consequences it has for law enforcement.Practical significance: formalization of a legal dispute between constitutional human rights and the protection of society against fake news may provide an opportunity to thoroughly form Russia’s policy with regard to the risks posed by fake news and hypertrophied concerns about human rights.
174-185 222
Abstract
Objective: to implement the neighborhood descent heuristic approach into solving the lot-sizing problem.Methods: a variable neighborhood descent heuristic approach and a framework of lot-sizing problem.Results: dynamic lot-sizing problem is supposed to be an NP-hard problem - a problem for which there is no known polynomial algorithm, so the time to find a solution grows with a problem size. In the article, we explain the basic lot-sizing, lot-sizing in closed-loop, describe methods used by other researchers, and provide reasoning for using a variable neighborhood descent heuristic method. Implementation of the method is presented in a numerical example. Application of the method significantly reduces estimation time when searching for lot-sizing problem solution. Application of the method significantly reduces estimation time when searching for lot-sizing problem solution.Scientific novelty: the method may significantly reduce time expenses during the solution of the lot-sizing problem. Practical significance: the method may be implemented for solving the lot-sizing problem in various industries, such as pulp and paper, consumer goods industry and heavy industry.
186-200 256
Abstract
Objective: to formulate the conceptual foundations of the model of a normal (fair) state and justify the possibility and necessity of their constitutional consolidation.Methods: the dialectical approach to the cognition of social phenomena has determined the following research methods:analysis, synthesis, modeling, forecasting, comparison, formal legal, comparative legal methods.Results: the conceptual foundations of the model of a normal (fair) state are formulated, which presuppose the creation of a set of political, economic, social, legal and other conditions necessary to ensure a favorable life for the multinational people of the Russian Federation. For this purpose, the principles of a normal (fair) state are defined and specified. Attention is drawn to the fact that the formation of a final, verified, practically suitable version of the initiated model requires collective efforts (clarifications, additions) of scientists from various branches of scientific knowledge. To operationalize the conceptual foundations of models of normal (fair) state, it is proposed to amend Article 80.1 of the Constitution of the Russian Federation stipulating in it the most important provisions determining the basic parameters and directions of internal and foreign policy of modern Russia.Scientific novelty: for the first time in the social sciences and humanities, a model of normal (fair) state was developed, conceptualized in the principles of the primacy of public benefit (productive) labour, fair pay, justified public (municipal) expenditures, optimized size and structure of the state (municipal) apparatus, equitable distribution of income from natural resources and other unearned advantages and monopoly position, reasonableness of pricing in monopolies and government organizations, restrictions on the export of unprocessed raw materials, deoffshorization of the Russian economy, etc. Practical significance: the constitutional consolidation of the conceptual foundations of the model of a normal (fair) state and their consistent implementation will ensure the achievement of the goal of the simulated state.
RATINGS AND REVIEWS
201-208 290
Abstract
Objective: to conduct a detailed and comprehensive analysis of the monograph by I. R. Begishev and I. I. Bikeev devoted to the study of a wide range of issues related to liability for crimes in the field of digital information circulation.Methods: the methodological basis of the study is a set of general and specific scientific methods of cognition traditional for works in Law.Results: the main provisions, conclusions and the authors’ suggestions set out in the reviewed monograph are analyzed, which are related to the legal nature of crimes in the sphere of digital information circulation and regulation of criminal liability for their commission. In particular, the basic definitions of digital information concepts, crimes in the sphere of digital information circulation and other terms are formulated for various branches of knowledge; the problems of “safe computer attack” are considered; based on the authors’ interpretation of crimes in the sphere of digital information circulation, suggestions are made for improving Articles 137, 138, 141, 159.6, 183, 226.1, 272, 273, 274, 274.1 272.1 of the Russian Criminal Code, and complementing Article 272.1 “Acquisition or sale of legally protected digital information, knowingly obtained by criminal means" and Article 273.1 “Illegal circulation of special technical means intended for violation of digital information protection systems”.Scientific novelty: theoretical and applied aspects of countering crimes in the sphere of digital information circulation are evaluated. It is concluded that the monograph makes a significant contribution to the development of the Russian legal doctrine on the legal regulation of responsibility for committing socially dangerous acts in the sphere of digital information circulation.Practical significance: the reviewer concluded that the monograph by I. R. Begishev and I. I. Bikeyev has a practice-oriented character, and can also serve as an impetus for a new scientific discussion on the problems identified in the study.
ISSN 2782-2923 (Print)