Preview

Russian Journal of Economics and Law

Advanced search
No 2 (2013)

THEORY OF ECONOMICS

5-10 217
Abstract
Objective: Scientific grounding of theoretical-methodological approaches to the essence of consumption and revealing the main laws of consumption inte modern Russian economy. Methods: Systemic and structural-level approaches, methods of logical, comparative and statistical analysis were used in the work. Results: basing on the study and summarizing various concepts of consumption theories, the individualistic and holistic approaches to this problem are marked out. The puposefullness of research of consumption relations are grounded by various features: by the functional role in reproduction process, in labor force reproduction and by levels of implementation. Scientific novelty: The corrective and implementative functions of consumption relations are revealed. It is proved that the distributional relations fulfill the stimulating function most fully if the consumption relations are perfect. The features of consumption behaviour are revealed under transformation economy, among which is consumption polarization towards its elitarization and pauperization. Thus, for one part of the population “the survival behaviour” is characteristic, while elite consumption is characteristic for the most well-to-do part. Practical value: The presented theoretical conclusions and proposals can serve as the theoretical-methodological basis for further research of the content and forms of state regulation of the modern Russian economy.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

11-17 202
Abstract
Purpose: to justify a role of regional tourism as instrument of development of the territory. Methods: abstract and logical method. Results: The analysis showed that when planning development of tourism of the region the accent from purely economic approach (from a line item of the enterprises and stakeholders) needs to be offset towards marketing, i.e. oriented on tourists and travelers who appear as customers of a regional tourist's product and a source of monetary arrivals. Proceeding from it, the model of regional tourism was created. Scientific novelty: the model of a tourist cluster of the region and model of regional tourism are developed. Practical novelty: in opportunity to optimize development of programs of development and tourism planning in regions of Russia.
18-25 186
Abstract
Objective: Elaboration of organizational and economic methods of increasing competitiveness of federal state unitary orthopedic enterprises basing on the analysis of financial-economic indicators of their functioning. Methods: Content analysis, mathematic analysis and abstract-logical method. Results: In-depth statistical research using the software for intellectual data analysis (Data Mining) SPSS AnswerTree allowed to sort out the characteristic portraits of small subgroups of enterprises having typical unfavorable trends of economic development. The authors suggest both general measures for increasing the economic efficiency and measures for each subgroup. Scientific novelty: The possibility to implement the software for intellectual data analysis (Data Mining) for the in-depth comparative research of the enterprises’ economic activity has been shown for the first time. Using the standard statistical analysis methods together with intellectual analysis methods allowed to ground the implementation of organizational-economic measures aimed at increasing economic efficiency of orthopedic enterprises. Practical value: The scientific program of measures is proposed aimed at increasing competitiveness of the Russian orthopedic enterprises after Russia joining the WTO.
26-32 155
Abstract
Objective: To view the necessity of the urgent institutional transformations in national economy and revealing of the new phenomena and trends in development of institutions in the services market. Methods: Historical-economic and systemic-logical methods were used. Results: Basing on the analysis of various processes in the country’s economy the necessity of institutional transformations in the country’s market is stated; the main parts of institutional field forming are shown; attention is paid to the problems in institutional provision for service market uder Russia’s membership in WTO; new institutional units of the service market are systematized. Scientific novelty: Highlighting of the main directions of institutional transformations in the services market (transformation of property relations, creating the institutions of services market, reduction of the level of informal relations in institutional transformations, training of personnel for maintaining th institutions of services market); comparing the data of development of institutional units of services market in Russia in 1990 and 2010; determining the self-movement of services market as integrational interrelation of organizational-economic, organizational-managerial, organizational-technological and organizational-institutional components (institutions), determining the “new” institutional units of services market. Practical value: The results can be applied for determiningthe strategic and institutional development of the country economy under strengthening of WTO role in te Russian society functioning.
33-40 180
Abstract
Objective: To elaborate the tools of transactional costs management in educational sphere in Russia. Methods: Institutional, cost and systemic approaches are used, as well as project management method. Results: The space-time classification of transactional costs of organization is used, the influence of institutional environment on transactional costs forming is taken into account; the model is elaborated for estimating the efficiency of management of the main groups of transactional costs in the educational sphere in Russia. Scientific novelty: Benchmarking is viewed as a tool for managing transactional costs in the educational sphere. New forms of benchmarking are proposed for management in the sphere of education – benchmarkingof institutions and integration benchmarking, consequently, the previously proposed classifications of benchmarking are broadened by the object of comparing and by the partner status. For the first time the model is elaborated for estimating the efficiency of management of the main groups of transactional costs in the educational sphere in Russia. Practical value: The model is formed for estimating the efficiency of management of the main groups of transactional costs in the educational sphere in Russia, which is aimed at being used by the practical managers in the process of educational establishments’ management, as well as educational sphere as a whole.
41-48 220
Abstract
Objective: Determining and grounding the conditions and prerequisites of forming the industrial-iinovative model of development of Kazakhstan Republic. Methods: Logical-theoretical method. Results: Basing on the deep theoretical analysis of the processes of modeling economic development under various conditions of the market environment, the acceptable scenarios and variants of post-crisis development of the national economic system of Kazakhstan are determined. Scientific novelty: The mechanisms of state influence on macro-economic processes of social-economic development are detetrmined and structured. Besides, the work complements and broadens the notion-categorial apparatus with such specific mechanisms as: program-objective, factor-objrective, expantergrational, innovative mechanism. Practical value: In case of using the proposed mechanisms in influence on the economic organization system when realizingthe strategic goal of the fastest and efficient introduction of innovative-industrial model of development, it is possible to obtain the additional synergetic effect at all its levels.
49-55 146
Abstract
Objective: To determine the theoretical and methodological bases of estimating the food provision of the population. Methods: Economical-statistical and abstract-logic methods were applied. Results: Basing on studying opinions of different reaserchers on the theory and methodology of food safety, the author summarizes the indicators of estimating its level. The work proves the necessity to account the level of production factors utilization and revealing the reserves of efficiency growth of production potential utilization. The estimation is carried out of dynamics of fatual values of indicators of distribution of people’s income, buying power of the Russia population’s monetary income per capita. Especially interesting is the analysis of dynamics of production and consumption of main food products in Russia per capita and the coefficient of food sufficiency in Russia. Scientific novelty: The trends of some indicators of food safety and provision of the Russian population are revealed and estimated. The experience of developed countries in provision the population with food under joining the WTO is studied. Predicting scenarios are built for providing the population with food under joining WTO. The author proves the strengthening of state involvement in increasing the food safety. Practical value: Possibility to account the estimation results of food safety in financial-economic activity of agricultural organization, personal sunsidiary plots, etc.
56-63 168
Abstract
Objective: To study the social-economic features of people living in different categories of houses. Methods: Complete survey of respondents, building and comparing the mean weighted quantities and average-linear deflection were used, as well as analysis, synthesis and abstract-logical method. Results: Basing on the analysis of the collected empirical data, it is revealed that economic, social and demographic characteristics of population significantly differ depending on the quality of dwelling where the live. The dwelling fund structure is determined. The steady social-economic trend is revealed to acquire dwelling real estate in compliance with income and social position. Scientific novelty: The method of researching the dwelling fund structure is proposed, reflecting the general economic trends of changing the population’s quality of living. Categories of houses are determined. Dependence of welfare on educational level, social position and character of labor activity is revealed. Practical value: Possibility to obtain data on the modern condition of dwelling fund, and its changes during transitional period. It allows to estimate the demand for new dwellings and reveal categories of persons on which the programs of state support in the dwelling sphere should be aimed.
64-69 170
Abstract
Objective: To analyze the possibilities to form the anti-crisis potential of innovative enterprises. Methods: Analysis and synthesis, as well as abstract-logical method. Results: In order to develop the anti-crisis potential, the criteria of dividing the innovative enterprises into inert and self-developing ones are grounded. Basing on the analysis of crisis signals of the internal and external environment of innovative enterprises, the classification of crisis signals is complemented by the extent of influence on the enterprise’s potential development; strategies and tactics of forming the anti-crisis immunity are proposed. Scientific novelty: Classification of crisis signals of external and internal environment is complemented, the main strategies of anticrisis potential forming are revealed, the signs of anticrisis immunity forming at innovative enterprise are formulated. Practical value: Possibility to manage the crisis phenomena of innovative enterprises through tracing the external and internal crisis signals of an enterprise and determining the strategy of further development.
70-74 176
Abstract
Objective: To study the experience of Tatarstan Republic in applying the principles of lean production in a separate city. Methods: The methods of empirical (comparing, observation) and theoretical (abstracting, analysis and synthesis, mental modeling) research were used. Results: The experience of Al’metyevsk municipal district of Tatarstan Republic is summarized concerning the applying the methodology of lean production within the goal-oriented program “Lean city”. The main stages are described, the probable results of introducing the lean management principles in Al’metyevsk are listed. Scientific novelty: The purposefulness of applying the principles of lean production is proved not only for industrial enterprises, but also in such sectors of the city economy as light industry, service, transport, dwelling-communal sphere, agrarian-industrial complex, which would allow to significantly reduce costs without major investments, and to increase the efficiency of municipal units by ising the internal reserves of development. Practical value: Possibility to use the author’s proposals by the federal and regional authorities in the practice of state management of the regions’ innovative development, in elaboration and implementation of innovative policy and investment-innovative programs.
75-80 201
Abstract
Purpose: complex reviewing of a domestic historiography of business in commerce and industry development of the post-reform Kazan. Methods: historicism method, and also historical and genetic, comparative-historical, typological, historical and system methods. Results: The list of the main publications connected to different aspects of involvement of the Kazan businessmen in an economic and social development of the city in the 1860-1900th is systematized and classified. The main tendencies and features of study of this problem that allowed to justify a historiographic periodization are revealed and described. The directions of further study of a problem are offered. Scientific novelty: the main historiographic estimates of a role of the Kazan business in economic development of the post-reform Kazan are revealed, systematized and described. The debatable moments in approaches to a problem (sources of addition of merchants in the city, evolution and differentiation of the Tatar business) are specified. Practical significance: Historiographic materials of article can be used when writing generalizing and special researches on an economic and social history of Kazan, works on development of domestic business, in teaching activities at the higher and high school, and also in museum practice.
81-86 231
Abstract
Objective: To define the features of financial policy of the Russian Federation with the account of the main strategic goal of the modern Russian state – modernization of the Russian economy. Methods: Abstract-logical method, horizontal and vertical comparative analysis were used in the work. Results: The modern financial policy of Russia are summarized and critically estimated. The factors are analyzed which determine the type of the modern financial policy, forms, methods and tools of its implementation. Special attention is paid to the estimation of the Russian budget policy at the modern stage. The chatacteristic features of its implementation are revealed. Scientific novelty: Determining of the value of interconnection between the level of financial system development and the quality of economy modernization. The principles of state financial policy are revealed, its main aspects and priority directions. The necessity to apply accounting when forming the country’s financial policy at the modern stage of globalization, which is financial in its essence. Its influence limits the possibility to implement independent financial policy of the state and forces to view the influence of the world economy development, in particular, the world financial markets. Practical value: Possibility to implement the proposed measures of economy modernization, taking into account the landmark efficient financial policy of the state.
87-93 184
Abstract
Objective: To establish interrelation between categories “quality management system” and “risk management”, to ground the need to integrate them into a single process. Methods: abstract-logical method. Results: The carried out analysis of categories “quality management system” and “risk management” allowed to reveal the identical criteria of forming these notions, which served as the basis for determining the main elements and content relations between them, which allowed to construct the conceptual model of risk management definition in the sphere of production quality provision. Scientific novelty: Conceptualization of the notion “risk management in the sphere of production quality provision”, resulting in the author’s definition constituting the new procedural vision for the industrial enterprise economy. Practical value: The risk management process in the sphere of industrial enterprise quality provision will allow to rapidly reveal the risks of production quality reduction influencing on the value of costs of inconsistent and defective goods.
94-100 194
Abstract

RETRACTION:

The article published in the scientific Journal “Actual Problems of Economics and Law” (2013. No. 2. Pp. 94–100) under the title “Innovative technologies in oil industry: intellectual equipment of wells” under the authorship of R. Sh. Sadykova, L. A. Abdullina, L. I. Gazizullina is withdrawn by an editor with the consent of the publisher and the author.

Retraction is due to incorrect borrowing from:

1. Aver'yanov D. A. Intellektual'nye sistemy v neftegazovom dele // Neft'. Gaz. Novatsii. 2011. № 11. S. 24–26

https://elibrary.ru/item.asp?id=17682265

2. Eremenko O. V. Effektivnost' razvitiya resursnogo potentsiala neftegazodobyvayushchego predpriyatiya innovatsionnym metodom intellektual'nykh skvazhinnykh sistem // Intellekt. Innovatsii. Investitsii. 2012. № 2. S. 24–27

https://www.elibrary.ru/item.asp?id=18641378

101-107 166
Abstract
Objective: To elaborate proposals for improving institutional environments of the Russian educational system. Methods: institutional and systemic. Results: It is revealed that the institutional environment development and innovative activity increase become the powerful drivers for international competitiveness and economic growth of Russia, and solving of these problems to a large extent depends on transformations in educational sphere. The ways are proposed of solving the problems of inefficient state property utilization in state educational establishments, basing on managerial business-technologies and state-private partnership. Scientific novelty: Segmenting of institutional environment of educational sphere is proposed and grounded by the capital structure of educational establishments and by stages of its forming and utilization. Characteristics are given to the partitioned segments. The main directions are proposed for improving the institutional environment of educational sphere in Russia (by partitioned segments) basing on the theory of intellectual capital management taking into account the Russian peculiarities. Practical value: The proposed segmenting of institutional environmet of educational sphere by the capital structure of educational establishments and by stages of its forming and utilization is intended for practical managers in the process of managing the educational establishment and educational sphere as a whole.
108-112 184
Abstract
Objective: To reveal the features and criteria of efficiency management of trading centers. Methods: logical method, analysis, synthesis, systemic approach to the stated tasks. Results: Basing on evaluation of opinions of different researchers in the sphere of trade, and the author’s own research, the methodology is elaborated for efficiency management of trading centers basing on synergy effect principle of all constituting elements. Scientific novelty: The new methodological tool is elaborated, allowing to manage the complex efficiency of trading centers through criterial evaluation of constituting elements. Practical value: Reveals in possibility to increase the efficiency of economic-financial activity of both trading centers and their subjects.
113-119 220
Abstract
Objective: to propose optimal variants of solving the key issues health care of reforming while researching the level of the medical services consumers’ satisfaction taking into account the opinions of the sector’s personnel. Methods: systemic-logical analysis. Scientific novelty: The necessity is proved to develop and deepen the adaptation of tools and methods of quality management for the development of health care sphere in accordance with its specific characteristics, the classification of internal environment factors on the process of its development strategic planning is elaborated. Practical value: Using the research results when elaborating the strategy of medical establishments development planning. Results: The problems of increasing medical aid quality are viewed with the account of consumers’ requirements in the context of health care system reforming under the modern conditions of competition. The significance is shown of introducing the quality management system in medical establishments as an efficient tool of constant development and improving. The demand for using the Lean Production technique is proved from the point of view of production processes optimization, consumer orientation and increasing quality through reducing costs.
120-127 133
Abstract
Objective: To reveal the discrepancies of the actual state financing of scientific sectors and the proclaimed priorities of the national scientific-technical development. Methods: Historical and logical methods are used for the study of evlution of the problem stating and continuity of its solution; abstract-logical for theoretical summarizing and forming conclusions; economical-statistical for analyzing the modern condition of the state financing of scientific sectors in Ukraine; analysisand synthesis methods for revealing the volume and directions of financing of national science; comparative analysis for comparing the actual directions of science financing with the proclaimed national priorities of the scientific-technical development of the country. Results: Discrepancy with the proclaimed priorities of the national scientific-technical development of the country is revealed basing on the data of state statistics, as well as the absence of the clearly stated priorities of the national economic development. Scientific novelty: Discrepancy of the legally stated actual priorities of the innovative economical development of the country is grounded, decelerating the further improving of the national development strategy. Practical value: The carried out analysis and research results are a basis for further deeper study of the directions of the country’s innovative development and elaborating recommendations for improving the system of conceptual provisions and measures of state strategy of innovations development in Ukraine, as well as the conternt of normative-legal acts on the issues of scientific-technical development of the economy.

FINANCE, MONERTARY CIRCULATION AND CREDIT

128-133 198
Abstract
Objective: To define the complex of methods used in research of the interdependent system “competitiveness – safety”. Methods: Analysis, synthesis, comparison and summarizing methods are used in the work. Results: Basing on the analysis of approaches of leading researches in the studied sphere, the authors have stated the content of the interdependent system “competitiveness – safety”. The value of dialectics and systemic approach is grounded as the basis in understanding the features and laws of development and functioning of the studied system, its character is defined in the context of complex systems theory. The possibilities are shown for hardware implementation of systemic approach to the interdependent system “competitiveness – safety”. Scientific novelty: The authors present the interpretation of the research features of the interdependent system “competitiveness – safety”, purpose and requirements to the methodology of the system research, which has not been studied by other specialists. Practical value: Possibility to model and estimate the parameters of the interdependent system “competitiveness – safety” on the corresponding methodological basis.
134-139 155
Abstract
Objective: To elaborate the approach to identification and estimation of connections between borrowers from commercial bank. Results: Basing on the analysis of the Russian and foreign approaches to the research of juridical and economic interdependence of economic subjects, as well as by viewing the Russian banking and court practice, the author defines the drawbacks of the existing means of revealing and estimating the connection factor. 22 criteria are suggested, which allow to conclude about the existence of mutual connections between companies. The criteria can also be used to determine the degree of closeness (strength) of such connections. Scientific novelty: New principles of classification of interdependent borrowers’ groups by the strength of connection are defined. Unified criteria are proposed for identification of connection factor and borrowers’ grouping with juridical, economic and other features. Practical value: The obtained results can be efficiently used to estimate the crediting operations risk both at the stage of the client’s application consideration and in the process of servicing a number of contracts constituting the bank’s crediting portfolio.
140-146 194
Abstract
Objective: To define the features of selling insurance products by banks in Russia. Methods: abstract-logical method. Results: Basing on the detailed analysis of bank insurance product “collective insurance of borrower’s life by the bank”, the problems are marked out which arose in the Russian financial market due to the features of credit agreement construction and the low financial literacy of the population. The proposals are given for improving the situation and forming the demand for insurance services in the society. Scientific novelty: It is shown and proved that the so called imputed insurance decreases the market potential of many services and, finally, discredits the insurance service itself. The banking product construction has been viewed in a new way, the “drawbacks” are revealed, which need to be corrected by regulation: 1) accession of a borrowers to the insurance program cannot in any way be connected with their receiving credit; 2) the borrower must be given full information about the insurance service and its cost when accessing them to life insurance program; 3) credit agreement cannot impose on the borrower additional obligation to pay interest for the sum not stipulated for this type of agreement; 4) lack ofinsurance interest of the borrower. The main limits of development are revealed, i.e. low insurance culture, low income level of the population, information vacuum in the sphere of complex insurance products and insurance advantages. Practical value: Measures are proposed for improving thestate regulation of integration processes in the banking andinsurance sectors, as well as increasing the financial literacy of the financial services consumers.
147-151 215
Abstract
Objective: To define and ground the ways of improving the workers’ spcial protection in the system of corporate social responsibility. Methods: General scientific approaches and scientific cognition methods are applied. Results: Basing on the analysis pf the main directions of using insurance for the social protection of working population, the necessity is proved to imtroduce changes in this sphere; main approaches and initiatives for improving the social insurance system are proposed. Scientific novelty: The author suggests forming the social protection system imRussia on insurance rinciples. The insurance aspects in the system of corporate social responsibility are marked. Practical value: Realization of the proposed measures will allow to significantly increase the efficiency and transparency of the social insurance system in Russia, and to optimize the expenses on social protection.

ACCOUNTING AND STATISTICS

152-158 156
Abstract
Objective: Research of the methods of forming information about costs for managerial decision making at “lean” enterprises. Methods: Analysis, synthesis, modeling, comparison, classification, summarizing, logical method. Results: The main features of various kinds of economic decisions making at “lean” enterprises are researched; it is shown that to make managerial decisions at “lean” enterprises the information about costs and results of value chains is used. It is demonstrated at conventional examples that basing on information about costs and results of value chains it is possible to ground many types of managerial decisions. Scientific novelty: It is proposed to use the method of accounting costs and results of value chains to make managerial economic decisions at Russian enterprises introducing “lean” production. The proposal is grounded by a number of examples of various managerial decisions: to rationalize the assortment; to take additional order; on outsourcing; on capital investment; on price making. Practical value: The practical value is shown in the possibility to solve the contradiction between improvements in business procedures of Russian enterprises introducing “lean” production and the drawbacks of the traditional system of managerial accounting, which is unable to satisfy the information demands of managers in new conditions.

WORLD ECONOMY

159-163 185
Abstract
Objective: Statistical measuring of the influence of economic growth on the social sphere of African countries’ population. Methods: Correlation-regression method (nonlinear equations), point prediction, descriptive statistics. Results: The weak influence of African countries’ economic growth on poverty level is revealed. The solution to this problem is proposed. Scientific novelty: The import and export increase in African countries in 2000–2011 is described by exponential function; the non-formal sector is the reason for the incomplete estimation of GDP, unemployment and, consequently, reducing the efficiency of programs aimed at poverty reduction, as the poverty level elasticity by people’s incomes is lower in Africa than in Latin America and Asia. Conclusion is made on the necessity to introduce the newest technologies into the region’s economy. Practical value: The obtained results allow to review the objectives of social programs in African countries and invest into certain sectors depending on their importance.

THEORY AND HISTORY OF LAW AND STATE

164-169 350
Abstract
Objective: To formulate the author’s definition of the notion “participants of juridical argumentation” and to view their composition. Methods: The methodological basis of the research is general dialectical method of cognition, as well as the logical, systemic, comparative and other methods of scientific research. Results: Basing on the carried out analysis of the composition of participants of juridical argumentation, the author has grounded the opinion of distinguishing the notion “participant of juridical argumentation” from “subject of juridical argumentation”, and of viewing the subject as one of the participants of juridical argumentation along with the addressee and other participants. Scientific novelty: For the first time in juridical science the composition of participants of juridical argumentation is viewed, specific features characterizing the subject, addressee and other participants of juridical argumentation are revealed and analyzed. Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law enforcement activity, in educational process of higher professional educational institutions of juridical profile, in qualification improvement of scientific-educational personnel in the sphere of jurisprudence.
170-175 172
Abstract
Objective: To prove that judicial error leads to taking the non-judicial act. Methods: Methodology of comparative juriridical studies was used. Results: Revelations of human rights breaches for fair trial were analyzed. As a result of the study of the European court practice formed in connection with judicial errors and breaches of rights for fair trial, it is proposed to distinguish the notions “illegal” and “non-judicial” act. Only non-judicial acts breaking the demands for rights and fairness are subject to revocation. Scientific novelty: For the first time a judicial error is viewed not only in the context of procedural activity, but as a breach of human right for fair trial. Practical value: The proposals formulated in the research can be used in scientific, law-making and law-enforcement activity, in educational process of higher professional education establishments of juridical sphere.
176-182 468
Abstract
Objective: Elaboration of the new and specification of the existing classifications of juridical terminology. Methods: The methodological base of the research is the general dialectic method of cognition allowing to research the phenomena and processes of the reality in their historical development, interconnection and interdependence, and the general scientific, special and private legal methods. Results: The author proposes to divide the notion “juridical terminology” into twelve separate categories and criticizes the approaches existing in science. Scientific novelty: The author specifies and revises the existing approaches to classification and types of juridical terminology. Classifications of juridical terminology are specified according to: legal sphere of use; frequency of use in the language; sphere of terms’ distribution in the juridical science and practice; sector attribution; degree of unambiguousness; degree of exactness of the defined notion; time of use; volume of the notion reflected by the term; source of origin; composition of the juridical term. Practical value: The scientific recommendations formulated in the research can be used in scientific, law-making and law enforcement activity, in educational process of higher professional educational institutions of juridical profile.

CONSTITUTIONAL LAW

183-188 208
Abstract
Objective: to view the application of legality principle in normative legal acts of regional legislation. Methods: dialectical method of cognition. Results: Basing on theoretical analysis of the presented definitions of “legality” the conclusion is made about the constituents of the term. The analysis of normative legal acts of the Russian Federation subjects showed that legality principle is most fully revealed in regional legislation, compared to the federal one. Scientific novelty: legality principle is evaluated for the content of normative legal acts of the Russian Federation subjects. Practical value: The theoretical provisions presented in the work can be used in scientific and law-enforcement activity.

CIVIL LAW; ENTREPRENEURSHIP LAW; PRIVATE INTERNATIONAL LAW

189-194 190
Abstract
Objective: To formulate the theoretical author’s definition of a contract with participation of entrepreneurs. Methods: The methodological basis of the research is general scientific and private scientific methods of cognition including the dialectical, formal-logic, historical, systemic-structural methods, method of comparative jurisprudence, inter-sector method of law studies. Results: The theoretical author’s definition of a contract with participation of entrepreneurs is formulated. It is the contract of establishing, changing or termination of civil rights and liabilities in the sphere of entrepreneurial activity, being the legal means of obtaining profit or creating the organizational prerequisites for carrying out the entrepreneurial activity by accomplishing certain juridical procedures. Scientific novelty: The article formulates the author’s scientific concept of contract with participation of entrepreneurs as a civil-legal means of creating the organizational prerequisites for carrying out the entrepreneurial activity. Practical value: The theoretical provisions formulated in the research can be used in further scientific research in the sphere of contract law in general and contract regulation of relations with participation of entrepreneurs in particular, as well as in educational and methodological literature, in reading lectures, carrying out seminars, in preparing educational and educational-methodological manuals on “Civil Law”, “Entrepreneurship Law”, “Commercial Law”.
195-200 222
Abstract
Objective: to prove that a joint society of workers (public enterprise) is an independent type of a joint-stock company. Methods: The methodological base of the research is the universal dialectic method of cognition, as well as other general scientific theoretical methods. Taking into account the impossibility to research and solve the stated tasks by using the sector legal matter only, we have broadly used the private scientific approaches – the formal-logical, comparative-legal, etc. Results: Basing on the carried ourt analysis of the norms of the functioning Russian civil legislation on juridical persons, the law interpretation acts, as well as opinions of some authors, it is proved that the norms of close corporations are applicable to the joint society of workers (public enterprise), though with sufficient peculiarities. These peculiarities are conditioned partly by the mixture of features of a number of traditional organizational-legal forms in the construction of a public enterprise (first of all, of a joint-stock company and a production cooperative) and allow, in its turn, to define the public enterprise as an independent type of a joint-stock company. Scientific novelty: It is proved that the joint societies of workers (public enterprises) are a specific type of a joint-stock form of entrepreneurship activity. Subsidiary application of the norms of close corporations to public enterprisesdoes not influence on the independence of this type of a joint-stock company. Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law enforcement activity, in educational process of higher professional educational institutions of juridical profile, in qualification improvement of scientific-educational personnel in the sphere of jurisprudence.
201-205 187
Abstract
Objective: determining the features of civil-legal liability of a carrier as a subject of trading turnover. Methods: comparative-legal methods and systemic interpretation method. Results: The work reveals the causes of establishing the limited liability of a carrier in transportation process. The correlation of the carrier’s civil-legal liability with that of other subjects of transportation process is shown. Scientific novelty: It is revealed that the distinctive feature of civil-legal liability application in transportation relations is the limitation of carrier’s liability, i.e. establishing the conditions of liability application – establishing liability basing on the guilt not kin to the traditional trading turnover, limiting the size of the levied sums to the actual harm. It is explained by the special conditions of transportation process and the factors which cannot be under carrier’s control (weather conditions, road conditions, accidents, etc.). Practical value: The revealed causes of the carrier’s limited civil-legal liability allow to broaden these provisions to other sectors of trading turnover having the complex risk character.
206-211 157
Abstract
Objective: Basing on the analysis of the Russian and foreign experience, to suggest the method of calculating the compensation of moral harm during improper medical aid. Methods: The methodological base of the research is the general dialectic method of cognition allowing to research the phenomena and processes of the reality in their historical development, interconnection and interdependence, and the general scientific, special and private legal methods. Results: The features of determining the size of compensation of moral harm during improper medical aid in Russia and abroad are researched. The method of calculating the compensation of moral harm during improper medical aid is proposed with the account of priority of under-age patients’ rights protection. Scientific novelty: The article suggests the alternative method of calculating the compensation of moral harm during improper medical aid. Another novelty is the fixed increasing coefficient which is applied if the harm is imposed on an under-age patient. Practical value: The theoretical provision formulated in the article can be applied in law-making and law-enforcement practice, as well as in the educational process of juridical educational establishments.
212-218 154
Abstract
Objective: To study and prove the necessity to create an institution of physical person’s bankruptcy in Russia. Methods: Comparative-legal and descriptive methods, as well as systemic-structural method. Results: Analysis is made of legislation of a number of countries on regulating physical persons’ insolvency in order to determine the purposefulness and possibility to introduce insolvency procedures in Russia. The main provisions of a draft law “On rehabilitation procedures implemented to a debtor citizen” are analyzed. The reasons are grounded of the necessity to adopt legislation on regulation of physical persons’ bankruptcy in Russia. Scientific novelty: Positive and negative sides of a draft law “On rehabilitation procedures implemented to a debtor citizen” are revealed, as well as prospects and ways of improving legislation on physical persons’ (citizens’) bankruptcy in Russia. Practical value: Possibility and necessity to solve the problems of citizens’ debts in a civilized way by creating a new environment of interrelations between creditors and debtors for regulating the debts. Physical persons’ bankruptcy should become the institution which would aloe people to satisfy the demands of creditors without violating other people’s interests.

CRIMINAL LAW AND CRIMINOLOGY

219-224 222
Abstract
Objective: to reveal the peculiar features of migrants-foreigners in the Russian Federation. Methods: General scientific and sociological methods were used, such as coming from abstract to concrete; systemic-structural analysis; historical method; dynamic and statistical methods; method of documentation studying; polls in the form of questionnaires and interviews; observation; experiment. Results: Features of criminality by nationality are viewed; the reasons’ complex of factors is studied, measures for crime counteraction are proposed. Scientific novelty: The novelty of the obtained results is determined by using the authors’ methods of its implementation. The work reveals the features of foreigners’ crimes by their territorial origin. Practical value: Basing on the carried out analysis the general pattern of migrants’ crime is traced, which can promote the optimization of state policy measures for illegal migration counteraction and foreigners’ criminality.
225-232 179
Abstract
Objective: To show the inconsistency of the functioning system of corruption counteraction in the country and necessity to elaborate the conception of anticorruption policy. Methods: General methodological basis of scientific thinking, in particular, dialectic method and systemic approach, structural-functional analysis. Results: Analysis of corruption counteraction policy in the country showed its scientific inconsistency, conceptually undeveloped character, and reducing the proposed powerful anticorruption movement to a mere campaign, where policy is substituted for manipulation. Scientific novelty: The idea is stated to place the political provision of corruption counteraction under the authority of the higher (from methodological point of view) conceptual power as an overall level of social management based on understanding of the general way of social development which, in turn, should enclose and be served by all other types of power. Ideas and corrected scientific approaches to political provision of anticorruption management system are proposed. Practical value: The stated provisions about the essence, strategic directions, tactics and means of anticorruption policy are aimed at optimization of the whole system of anticorruption managerial influence on criminological situation in the country and generate the necessity to prepare the new, incorruptible and highly professional, systemically thinking specialists.
233-239 282
Abstract
Objective: To prove that corpus delicti of acquisition or distributing property scienter obtained by illegal means is adjacent to corpus delicti of legalization (laundering) of money or other property acquired by other people by illegal means. Methods: The methodological base of the research is the general dialectic method of cognition allowing to research the phenomena and processes of the reality in their historical development, interconnection and interdependence, and the general scientific, special and private legal methods. Results: Basing on the carried out analysis of the significant volume of court practice materials, as well as significant number of reaserchers of jurisprudence, it is proved that acquisition or distributing property scienter obtained by illegal means is adjacent to corpus delicti of legalization (laundering) of money or other property acquired by other people by illegal means. Scientific novelty: Provisions are elaborated that acquisition or distributing property scienter obtained by illegal means has all features of the crime stipulated in Article 174 of the Russian Criminal Code and, being a special norm, differs from it by the crime object only, which is narrower in Article 175 of the Russian Criminal Code. Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law enforcement activity, in educational process of higher professional educational institutions of juridical profile when teaching “Criminal law”, in qualification improvement of scientific-educational personnel in the sphere of jurisprudence.
240-256 259
Abstract
Objective: Basing on the analysis of international research data, to show that the atrocity of punishment has an insignificant restrictive and preventive effect on the criminality level. Methods: The dialectic method was used as the general scientific method of cognition, allowing to study the phenomena and processes of ambient reality in their historical development, as well as specific scientific methods, including the historical-juridical, systemic-legal, social-psychological in various combinations. Results: Basing on the carried out analysis of a significant volume of works in the sphere of criminal-procedural, criminal, international law, criminalistics, theory of state and law, as well as results of research carried out in the USA, Finland, Germany, Switzerland, Portugal and Russia, the authors have shown the insignificant influence of punishment on reducing of the criminality level. Scientific novelty: Basing on the analysis of empirical data it is shown that punishment as a means of regulation and prevention of the society member’s undesirable behavior has been used since ancient times. The atrocity sanctions were widely used as early as in the Middle Ages. Nowadays the efficiency of punishment implementation is subject to doubt. Alternative sanctions, as a rule, are as successful, and their implementation is cheaper. Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law-enforcement activity, in educational process of higher professional education establishments of juridical sphere, and in up-grading qualification of practical staff and scientific-academic personnel in the sphere of jurisprudence.
257-264 209
Abstract
Objective: To increase the efficiency of struggle with organized crime by improving the criminal legislation and ensuring the observance of international-legal obligations in this sphere. Methods: The methodological basis of research is the modern doctrine of classical school of jurisprudence and theoretical methods of research: normative-legal analysis, comparative-legal, and systemic-structural methods. Results: Basing on the analysis of international-legal norms and Russian criminal legislation, it is stated that the latter needs improving. The author has revealed the insufficient execution of Russia’s international-legal obligations relating to struggle with organized crime, caused by ambiguous interpretation of of term stipulated in Convention against transnational organized crime when translating them into the Russian language. Scientific novelty: For the first time in the Russian criminal-legal science the terminology problems are marked out relating to interpretation of criminal-legal norms, caused by the objecticve difficulties of language translation; the international-legal term “serious crime” is introduced into science. It is proposed to unify the terminology and improve the criminal-legal construction concerning the institution of crimes categorization. Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law-enforcement activity.
265-271 176
Abstract
Objective: To explain, predict and counteract bribery in Russia and Ukraine. Methods: Analysis of time series of criminological data, including revealing trends and obtaining trend equations, calculating the central tendency and dispersion measures, calculating and analyzing the coefficient of bribery variations, calculating the specific weight of bribery in the criminality structure, the least square method, the double regression analysis, calculating the approximation coefficients, building functions graphs, observation, comparative-legal method, formal-logical methods, historical method, using the probability laws of distribution. Results: 1) The criminal legislations of Russia and Ukraine are compared by the appropriate corpus delicti, their comparability is determined; 2) bribery trends in Russia and Ukraine are revealed and interpreted in Soviet and post-Soviet periods: а) in the Soviet period bribery in RSFSR and UkrSSR had similar indicators and dynamics of development; б) in post-Soviet period opposite trends are marked in bribery dynamics in Russia and Ukraine; 3) it is shown that bribery distribution by the Ukraine regions is close to normal one (Gauss distribution); 4) it is proved that both in Russia and Ukraine bribery has low specific weight in the criminality structure (does not exceed 0.5 % in Russia and 1 % in Ukraine). Scientific novelty: Obtaining trend equations of bribery in Russia and Ukraine, comparing bribery trends in Ukraine regions, revealing the forms of bribery distributions in Ukraine regions, researching the variations and central trend of time series of bribery coefficients in the compared countries, analysis of bribery coefficients, bribery variations and specific weight of bribery in Russia and Ukraine. Practical value: The obtained scientific results would be useful in analytical-staff work of Interior bodies, law-making activity of various state bodies aimed at corruption counteraction.

CRIMINAL PROCEDURE; CRIMINALISTICS

272-277 185
Abstract
Objective: To prove that court examination plays an important role in obtaining information from the person under examination for forming the judicial facts. Methods: general theoretical and private scientific; basic provisions of dialectic method of cognition, as well as methods of historical, formal-logic, systemic-structural, statistical, concrete-sociological, comparative-legal analysis. Results: Basing on the analysis of significant volume of materials devoted to the tactics and ethics of trial examinations, it is shown that the trial examination is a means of obtaining, presenting, and studying of evidences and at the same time a means of convincing the judge in the reliability of data, forming the judge’s inner conviction in the presence or absence of the proved facts. Scientific novelty: A number of provisions is developed, concerning the new conception of trial evidences. The structure of trial examination is viewed, as well as such consistent parts as direct and cross examination. Besides, the forming of personal evidences in jury trial is explained, the role of trial examination is shown. Practical value: The provisions formulated in the research can be used in scientific and law-enforcement activity, in educational process of higher professional education establishments of juridical sphere, and in up-grading qualification of practical staff and scientific-academic personnel in the sphere of jurisprudence.
278-281 183
Abstract
Objective: To ground the necessity of enlarging the lists of circumstances subject to proving, stipulated in Art. 73 of the Russian Criminal-Procedural Code. Methods: general dialectic method of cognition, allowing to study the phenomena and processes of ambient reality in their historical development, interconnection and interdependence, and general scientific, special and private legal research methods based on it. Results: Basing on the carried out analysis of the subject of circumstance in proof in criminal court procedure, it is stated that the list of circumstances subject to proving, stipulated in Art. 73 of the Russian Criminal-Procedural Code, needs enlarging by adding such circumstances as amnesty and oblivion, and the list of circumstances subject to establishment (part 2 art. 73 of the Russian Criminal-Procedural Code), besides circumstances facilitating the crime committing, should contain the circumstances stipulated in Art. 27 of the Russian Criminal-Procedural Code “Bases for termination of prosecution” and Art. 413 of the Russian Criminal-Procedural Code “Bases for resuming a criminal case procedure due to the new or newly revealed circumstances”. Scientific novelty: For the first time the necessity is grounded to include into the list of circumstances subject to establishment (part 2 art. 73 of the Russian Criminal-Procedural Code), the circumstances which can serve as bases for termination of prosecution (Art. 27 of the Russian Criminal-Procedural Code), and circumstances possessing the features of the new or newly revealed circumstance sigа также serving as the basis for resuming a criminal case procedure (Art. 413 of the Russian Criminal-Procedural Code). Practical value: The theoretical provisions formulated in the research allow to ensure the planed and purposeful character of proving procedure in criminal cases. The research results increase the actual knowledge about the circumstances in proof, ensure the similarity of researchers’ positions in scientific discussion. Besides, the ideas expressed in the article can be used in the educational process of higher professional education establishments of juridical sphere, and in up-grading qualification of practical staff and scientific-academic personnel in the sphere of jurisprudence.
282-288 215
Abstract
Objective: to reveal the problem situations of legal regulation of investigation-court actions performed during court investigation in the Russian criminal procedure, and to reveal their peculiarities. Methods: The methodological basis of the research is the system of scientific provisions of materialistic dialectics as the general method of cognition, as well as the systemic-structural analysis method. Results: The conclusion is made that in court investigation not all court actions are permissible, but only those promoting the realization of procedural positions of the parties and aimed at making legal and grounded court decisions, and, in exceptional cases, helping the judge (the court) with the account of the parties’ opinions to solve a problem (impasse) procedural situation. Scientific novelty: The author views court actions in narrow and broad sense. Besides, the author has elaborated and for the first time stated the specific features of investigation-court actions carried out at court investigation. Chapter 37 of the Russian Criminal-Procedural Code is suggested to supplement with a new Article 283.1 “Acquiring a specialist’s conclusion” . Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law enforcement activity, in educational process of higher professional educational institutions of juridical profile, in qualification improvement of scientific-educational personnel in the sphere of jurisprudence.

ADMINISTRATIVE LAW; FINANCIAL LAW; INFORMATIONAL LAW

289-295 172
Abstract
Objective: to prove that the mechanism of business goal doctrine realization forms a new type of liability in tax relations. Methods: The methodological basis of the research is dialectics method allowing to reveal the properties of liability institution in its development; comparative and synthetical methods allowed to analyze the business goal doctrine realization in protective relations. Results: Basing on the carried out analysis we can state that the court practice realizing the business goal doctrine has elaborated the new form of liability in tax relations, not stipulated by the Russian Taxation Code. Scientific novelty: Elaborated and for the first time introduced into science the conceptual theoretical-legal provisions concerning the actual business goal and the appropriateness of using the taxation incentives as a tax-payer’s liability. The mechanism of tax liability determination by private law facts is revealed, when a tax-payer either abuses one’s rights or views a tax incentive as entrepreneur’s income, not relating to its purpose. Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law enforcement activity, in educational process of higher professional educational institutions of juridical profile, in qualification improvement of scientific-educational personnel in the sphere of jurisprudence.
296-302 177
Abstract
Objective: To define the goals, tasks and role of Prosecutor’s Office in protection of citizens’ social rights in the sphere of budget financing. Methods: formal-juridical method and juridical modeling method. Results: The legal nature of social support and social aid measures for certain categories of citizens is defined; the author distinguishes the public normative obligations arising from obligatory social guarantees, and additional social guarantees provided in addition to the legally stated ones. It is proved that establishing the additional measures for social guarantees cannot abuse the citizens’ rights for obtaining obligatory social guarantees. It is concluded that the existence of public-legal establishment in the regime of limited status in compliance with Art. 130 and 136 of the Russian Federation Budget Code is an absolute prohibition for providing the additional measures for social guarantees. Scientific novelty: For the first time the goal of human rights and liberties protection is viewed as an issue of prosecutor’s supervision over law execution and legality of acts in the budget sphere as a financial provision of social guarantees. The criteria are revealed for determining the tasks of prosecutor’s supervision, and the tasks of prosecutor’s supervision over law execution and legality of acts in the budget sphere. It allows, on the one hand, to ensure the complete and universal character of prosecutor’s supervision in a particular sector (direction, sphere), and achiving the unified goals of the Prosecutor’s Office of the Russian Federation, and on the other hand, to estimate the sufficiency of the authorities granted to the Prosecutor’s Office. Practical value: The correct task settting of Prosecutor’s supervision over laws execution and legality of acts in the budget sphere allows to ensure legality in the budget sphere, as well as the efficient prosecutor’s supervision.
303-310 211
Abstract
Objective: to reveal the essence and legal nature of the subjective procedural rights as provision object. Methods: systemic analysis. Results: The structural elements of subjective procedural rights are revealed, their unified interpretation is formulated. The essence of subjective procedural rights is defined, which is the guaranteed character of their fulfillment. Scientific novelty: The system of the following categories is investigated: fulfillment of subjective procedural rights, obligation execution by the arbitrage, content of subjective procedural law. Necessity to study the mechanism of subjective procedural rights provision is grounded, basing on the necessity of establishing of both its elements composition and consequential action research. Practical value: The formulated conclusions can be used for the further development of a doctrine of procedural rights provision of the arbitrage participants.


ISSN 2782-2923 (Print)