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Russian Journal of Economics and Law

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No 4 (2013)

THE DIALECTICS OF ANTI-CORRUPTION

5-13 186
Abstract
Objective: to determine the extent and direction of dependence between the corruption level and its determinants in Central and East European countries. Methods: cointegration regression Engle Granger analysis foe panel data, based on the extended unit root Dickey-Fuller tests and Choi meta-tests. Results: according to our model, joining the European Union and forming the more powerful parliamentary coalitions favorably influences corruption in the countries of the region. On the contrary, membership in the Organisation for Economic Co-operation and Development, centralization of power in the hands of a president and increasing the number of parties, as well as growth of incomes inequality lead to the growt of corruption. Scientific novelty: corruption determinants in Central and East European countries are determined at regional level for 1975–2012. Practical value: possibility to better understand the negative public phenomena in Central and East Europe, which would allow to optimize the anti-corruption policy in these countries in future.
14-19 185
Abstract
Objective: to prove the necessity to increase the efficiency of legal relations protection in the sphere of financing of election campaigns by implementing security measures. Methods: analytical, formal-logic (deduction, induction, defining and division of a notion), and comparative-legal. Results: basing on the analysis of the existing national and foreign election legislation, the author determines corruptive actions when financing election campaigns and suggests means for preventing such actions, such as the institution of election deposit and institution of candidate’s expenses compensation. Scientific novelty: for the first time such determinants of corruptive actions when financing election campaigns are defined as the possibility for the candidate to refuse from participating in voting without forcing circumstances, as well as the lack of efficient measures to prevent such refusal. The legislation states the norms creating conditions for committing corruption crimes, namely the possibility for the candidates to use guarantees of passive election right for sordid motives. Practical value: the theoretical provisions formulated in the research can be used in law-making activity, in particular, to serve as the basis for reforming the existing election legislation of the Russian Federation.
20-24 135
Abstract
Objective: to research the transformations of senses, motives, objectives and attitudes of corruptionists with kleptomaniac addiction (bribetaker-addicts). Methods: research of personal structures were carried out within psycho-corrective sessions by such methods as analysis, synthesis, summarizing, classification, revealing the cause-effect links. Besides, such methods were used: natural experiment by A. F. Lazurskiy, free-association method by S. Freud with aiming at remembering the emotions and reflections before and after taking a bribe, inclusive observation and analysis of the objects’ activity, content-analysis. Results: the changes in objectives, attitudes, motives and senses of bribetaker-addicts are studied. Scientific novelty: personality transformations in bribetekaer-addicts are revealed, recommendations for bribetaker-addicts psycho-correction are proposed. Practical value: certain provision of the research are introduced into the psycho-corrective trainings implemented for corruption prevention in Tatarstan Republic.
25-31 156
Abstract
Objective: to prove the necessity and advantage of methodological reflection over the complex links between the subject and object of corruption counteraction. Methods: general dialectic method of cognition, systemic and synergetic approaches. Results: basing on synergetic analysis of the two interacting systems – corruption and anti-corruption – the laws are stated and researched concerning the formation and development of (sympathetic and antipathetic) relations between the systems. The obtained knowledge is of methodological significance for elaborating the anti-corruption policy elaboration. Scientific novelty: reflection over the process of corruption counteraction from a new, synergetic viewpoint allows to reveal the laws of the process, which will enable, first, to research at a deeper level the complex social-legal problem of corruption; second, to form the most optimal variants of the basic conceptual provisions of the highest level of the state managerial influence on corruption; third, to ensure the objective character of the activity programming under the actual regional conditions. Practical value: the possibilities to form the scientifically grounded concept of the real policy under the actual regional conditions and forming the practical activity under ambiguous (corruptive and anti-corruptive) relations.
32-37 134
Abstract
Objective: to draw the scientific community attention to the issue of corruptive component in the activity of a candidate’s election head quarters. Methods: analytical, formal-logic; interview poll; content analysis of documents and included observation. Results: assignment of the candidate’s electoral headquarters to independent subjects of corruption in the electoral process is justified. The author comes to the conclusion that the candidate’s electoral headquarters can act as an organizer of corruption relations in the electoral process, as well as a party of both active and passive bribery. Scientific novelty: for the first time the nature of the activity of the candidate’s electoral headquarters is disclosed through the prism of the analysis of its corruption potential. Practical value: justification of corruption component in the activity of the candidate’s electoral headquarters will attract the attention of the scientific community and the practitioners to the problem of lack of legal regulation of formation and implementation of activity, financing and responsibility of the candidate’s electoral headquarters and their representatives.
38-45 171
Abstract
Objective: to attract attention of the anti-corruption policy subjects in Tatarstan Republic to the issue of using the anti-corruption advertising as a means of information support system of corruption counteraction policy. Methods: comparative-legal, systemic and structural analysis of documents. Results: the author’s definition is suggested of anti-corruption advertising as a means of information impact on the Republic population in order to form the anti-corruption worldview and behavior. Structural analysis of anti-corruption advertising is carried out, its objectives, tasks and functions are explained, measures to increase its efficiency are proposed. Scientific novelty: for the first time in the Russian science anti-corruption advertising is defined and its essence is revealed as a tool of corruption counteraction. Practical value: measures of organizational-managerial and legal character are elaborated, aimed at increasing the anti-corruption advertising efficiency in the region.
46-51 170
Abstract
Objective: to show the need for further improvement of the legislation on corruption counteraction and anti-corruption policy development. Methods: analysis, synthesis, statistical and sociological. Results: basing on the analysis of the implementation of the National anti-corruption plan of 2008, of amendments and additions, legislative innovations in the sphere of corruption counteraction, law enforcement practice, criminal justice statistics, public opinion, results of experts’ polls, the conclusion is proved concerning the successful development of mechanisms for the corruption and inefficiency prevention, the absence of positive changes in the struggle against corruption offences, including crimes. Ways are formulated to improve anti-corruption policy in terms of the struggle against corruption crime, its latent component, the organization of effective monitoring of the anticorruption legislation implementation with the view to evaluate the results of legal influence on the situation with adopted normative acts in this sphere. Scientific novelty: the the author states the scientific and practical problem of correlation between the actively implemented measures for corruption prevention and the preserved level of corruption in the Russian society, the low efficiency of struggle against the existing corruption practices. The presented one-sided approach – the active “modern” prevention, but not very effective “old” struggle against corruption – has as an output the fact that the state anti-corruption policy cannot affect significantly the prevalence of corruption in the Russian Federation. Practical value: the theoretical positions and practical conclusions formulated in the article can be used in scientific, legislative and law-enforcement activities in the sphere of corruption counteraction.
52-60 154
Abstract
Objective: to show that electoral corruption can affect all stages of elective process. To prove that electoral corruption is used both for barring political competition and for pressing the voters directly to distort their declaration of will. Methods: comparative-legal, systemic analysis. Results: the definition of electoral corruption is proposed, as well as its institutional mechanism as abuse of administrative resource of public power. Classification of the types of administrative resource of public power is given. Scientific novelty: the Russian model of election participation is described. Basing on its analysis, it is revealed how various types of administrative resource abuse can influence the election results. Practical value: the provisions are researched which characterize the main types of “administrative resource”: power, regulatory, legislative, institutional, financial, information-communicational and status. Interconnection is shown between using the administrative resource and the election results.
61-67 399
Abstract
Objective: the show the features of social consequences of corruption for Russia and the elements included in its causal complex. Methods: the dialectical method of cognition and the general scientific, sociological and logical-legal methods, based on it. Results: basing on the analysis of a significant amount of scientific information on corruption in the world, in Russia and abroad over the past 20 years, relevant statistical information on the status and trends of corruption in Russia and the monitoring of the media on this issue, the author presents a brief analysis of the corruption situation in the country, classification of the social consequences of corruption, describes the specific factors that comprise the causal complex of corruption, and formulates certain recommendations for the anti-corruption policy optimization. Scientific novelty: provisions are elaborated, allowing to consider corruption as a dangerous social phenomenon closely related and constituting a common system with its dynamics, scope and elements of the causal complex. The role of deformations in the political sphere for the genesis of corruption is highlighted. Practical value: the theoretical provisions formulated in the article can be used in scientific, legislative and law-enforcement activities, the educational process at higher education institutions of legal profile, while improving the skills of practitioners and scientific-pedagogical personnel in the field of jurisprudence.
68-75 134
Abstract
Objective: to prove that the blanket statement of illegality (obligations and prohibitions) in the articles of the Russian Administrative Code creates the phenomenon of corruption and growth of socially unreasonable administrative obstacles to economic activity. Methods: the general dialectical-materialistic method used for realizing the mutual links between the rules of legal technique, interests administrative bodies and entrepreneurs in their contradictory interaction; scientific, special and private-legal methods based on it. Results: the author has shown a lack of legal protection of economic subjects from arbitrary rule-making and law-enforcement activity of administrative bodies in the Russian legal system, determined by blanket content of the Russian Administrative Code articles. Scientific novelty: a pattern is revealed between blanket content of the Russian Administrative Code articles and the abuses by administrative bodies suppressing economic activity. Practical value: a task is formulated to curb the legal administrative regulation of business activities; options to solve the task are offered.
76-82 163
Abstract
Objective: analysis of the modern experience of Great Britain in the sphere of transnational corruptive crime of juridical persons. Methods: general dialectic method of cognition, systemic, structural-functional, statistical analysis, and method of comparative law studies. Results: the modern legal mechanisms are stated for imp leading juridical persons for bribing foreign state servicemen in Great Britain. Scientific novelty: basing on the carried out analysis of legislation and actual practice the features are revealed of transnational corporate crime counteraction in Great Britain; legal aspects of Bribery Law implementation are noted. Practical value: possibility to account for the legal regulation of the segment of corruption counteraction in Great Britain when reforming the Russian anti-corruption legislation.

THEORY OF ECONOMICS

83-90 157
Abstract
Objective: to analyze the influence of state on the small- and large-size business integration in the sphere of innovations. Methods: analysis and synthesis; statistical and abstract-logical. Results: direct and indirect methods of influence are revealed on the development of integration links of the small and large-size business in innovative sphere. Scientific novelty: the approach is suggested to classify the methods of influence on innovative processes activization, which, unlike the known approaches, views the state influence on the development of integration relations of the small- and large-size business in innovative sphere. Practical value: the suggested methods are aimed at improving the state innovative policy and transition towards economic development based on own innovations. It is stated that indirect mechanisms are more relevant in Russia.
91-99 161
Abstract
Objective: specification of the systemic object of state regulation under informatization of the Russian society. Methods: systemic information, evolutionary. Results: basing on the evaluation of the opinions of Russian and foreign scientists in the framework of the “Strategy of information society development in the Russian Federation”, the author examined the phased construction of the proposed systemic object of state regulation, named “Concept of 7 I-s”, which differentiates the objects of state regulation. Scientific novelty: the structure is grounded of the systemic object of state regulation “Concept of 7 I-s” under informatization of the Russian society, which includes: “information”, “intellect”, “innovation”, “institutes“, “infrastructure”, “investments”, “indicators”. For each of the elements of the system the main functions of the structural backward and forward linkages are set. Practical value: in the framework of the offered “Concept of 7 I-s” the development and coordination of regulatory and legal framework on all seven areas is proposed in accordance with the systemic-information approach, which will allow to obtain synergetic effects. The structure of the systemic object “7 I-s” has the possibility to change its condition and structure in response to possible disturbances, because the variety of perturbations requires a corresponding variety of possible states.
100-105 150
Abstract
Objective: to analyze the power and business interaction under institutionally deformed economy and to elaborate the ways of its rationalization. Methods: analysis and synthesis, induction and deduction, as well as statistical-and abstract-logical methods. Results: economic institutions are revealed, ensuring the rationalization of power and business interaction under institutionally deformed economy: a) legal institutions; b) regulating institutions; c) coordination and risk distribution institutions. Scientific novelty: institutions are classified which rationalize the power and business interaction by various criteria. Institutions are revealed which inhibit the development of power and business interaction processes in investment economy: a) lack of public expertise procedure of the normative-legal acts drafts; b) representatives of business community do not take part in the work of regional companies, councils, working groups, etc.; c) treaties are not signed between ministries and public unities of entrepreneurs, etc. Practical value: proposed measures for rationalization of the power and business interaction under institutionally deformed economy will promote the successful implementation of entrepreneurship potential of each individual.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

106-112 159
Abstract
Objective: to assess the results of energy audit in Russia in 2010-2013, to improve the quality of energy audit of industrial enterprises. Methods: abstract-logical. Results: the article contains a critical analysis of the modern policy of work in the field of energy audit. The authors come to the conclusion about the low quality of energy audits and the necessity of implementation of auditors ' liability for the proposed energy saving measures. Scientific novelty: for the first time the possibility is offered and proved of improving the quality of energy audit by changing the scheme of operation of energy service companies. Practical value: on the basis of the analysis of energy market audit, practical recommendations are proposed that will enhance the quality of energy audit and energy efficiency of industry.
113-118 148
Abstract
Objective: to define the place of venture capital as a tool of innovative economy development. Methods: descriptive analysis, evaluation of leading scientists and politicians’ opinions on the object under study. Results: the author defines the place of venture investment in creating the most favorable conditions for entrepreneurs’ initiatives growth, increasing investment attractiveness and competitiveness of the Russian companies. The value of venture capital is denoted as a tool for long-term investment of innovative firms in the sphere of advanced technologies and existing businesses in order to upgrade them. Scientific novelty: hierarchical structural interrelation is proposed of the concepts of "post-industrial society", "new economy", "innovative development" and "venture capital" as a tool for implementing the mentioned directions of economic development. Practical value: the possibility to increase the efficiency of launching innovations to the market through the broader development and distribution of venture capital.
119-129 164
Abstract
Objective: 1. To define the main provisions of the knowledge management model in an organization. 2. To form the characteristics of knowledge markets. 3. To analyze the knowledge market in 2000–2010 in the Russian Federation. Methods: general scientific methods of theoretical and empirical cognition Results: knowledge management is analyzed within the frameworks of knowledge management system at micro-, meso- and macrolevels; knowledge is classified as an object of management in micro-, meso- and macrosystems; analysis methodology is suggested, basing on the existing statistical material; trends of knowledge market development in industrially developed mesosystems of the Russian Federation are defined. Scientific novelty: the knowledge management model is formed; the methodology of knowledge management analysis at micro-, meso- and macrolevels is suggested, with the formed indicators of knowledge markets measurement at relevant levels; dynamics of development of the apparent and non-apparent knowledge in the Russian Federation is revealed for 2000–2010, which consists in dominating of non-apparent knowledge market development; the leading position of the Central Federal District in the knowledge management market as the industrially developed mesosystem. Practical value: theoretical value – systematization and elaboration of theoretical provisions for the model, the methodology of knowledge management at micro-, meso- and macrolevels; appied value - analysis of the knowledge market to increase the efficiency of knowledge management market at micro-, meso- and macrolevels during elaboration, production and commercialization o f knowledge by the Russian enterprises.
130-137 166
Abstract
Objective: comprehensive analysis of the causes of the observed slowdown of the Russian economy from the standpoint of internal growth factors - expansion of production capacity of the economic system and changes in purchasing power of the population. Methods: statistical, abstract-logical, method of calculations. Results: it is found that the "damping" rate of increase in gross domestic product in the domestic economy generally correspond to the potential level, set by the current intensity of the process of capital accumulation and the increasing dynamics of the households welfare. The assumption is formulated and justified that if the current reproduction trends continue to exist, the risk will increase for Russia to lag (on several key parameters of social and economic development) not only behind countries with mature market or rapidly growing economies , but also behind some of the former USSR republics. Scientific novelty: it is found that the existing models of investment activity and increase in population income (with such basic features as active migration of private capital to the foreign centres of profit accumulation; large share of state and quasi-state investments in the structure of national accumulation; deficit of internal sources of the cheap “long” money, and the extreme inequality in distribution of personal wealth) has no prerquisits for the Russian economy transitiion to the higher and more stable growth trajectory. Practical value: possible revision of conceptual frameworks, principles and directions of economic dynamics stimulation based on the full participation of national savings in investment turnover and overcoming excessive differentiation of the population by income level.
138-143 197
Abstract
Objective: to evaluate and ground the influence of hotel services quality on forming the competitive advantages of hotel enterprises. Methods: comparative analysis, summarizing, sociological poll, methods of pair comparison and visualization. Results: the necessity is grounded to increase the hotels competitiveness taking into account the quality of rendered services and market conditions; a matrix of pair comparisons is designed for criteria of hotel services quality basing on the values of relative importance scale. Scientific novelty: the scientific-methodological approach is developed for evaluation of criteria of the quality of rendered hotel services; its peculiar feature is to define the main criteria determining the quality of rendered hotel services from the customer’s point of view, as well as the vector of their priorities. Practical value: creating opportunities for forming competitive advantages of hotel enterprises and strengthening their competitive positions at hotel services market.
144-151 161
Abstract
Objective: to study various conceptual directions and approaches to defining and establishing the state industrial policy. Method: formal logic. Results: on the basis of the analysis of existing approaches it is found that the most effective method fo development and implementation of industrial policy in modern conditions of development of the national economy is the vertical-horizontal method allowing to coordinate the national and regional interests on the basis of allocating the strategically important industries for both regional and national economy. Scientific novelty: different approaches are systematized to the formation and implementation of industrial policy within the period of economic reform in Russia up to the present stage of the national economy development. Practical value: the possibility to choose the most effective methods of forming and realization of industrial policy in modern conditions of the national economy development, providing realization of the industrial activities of strategic importance for the region and for the economy as a whole.
152-158 149
Abstract
Objective: to construct and analyze production functions for the Russian industrial sectors. Methods: correlation-regression analysis. Results: the carried out analysis resulted in constructing three industrial functions: for processing industries, mining enterprises and electricity, gas and water producing and distributing enterprises. The analysis of the obtained coefficients showed that in processing industries the main factor of production growth is the increase in labor volumes. For the extractive industry the capital is much more important. The third sector did not allow to construct a model with high determination coefficient. Scientific novelty: production functions are constructed for the three industrial sectors in Russia; the approach is proposed for constructing the production functions for the Russian sectors, taking into account the limitations of statistical data; conclusions are made about the growth factors of processing and extractive enterprises in Russia. Practical value: the proposed model allows to predict the industrial development of Russia depending on the changes in resources volume invested into industry.
159-163 135
Abstract
Objective: definition and substantiation of economic expediency of the use of different ways of expressing depreciation in accounting and tax accounting. Methods: abstract logic; comparison; economic analysis. Results: as a result of carrying out technical and economic assessment of a specific project stimulating possibilities of depreciation policy are shown and proved for a business entity to develop environmental activity on the basis of introducing the best available technologies as part of the innovative way of development of the Russian economy. The role of temporary differences is determined on the basis of their performance in the analysis of the financial status of a business entity. The author's approach is proposed to the assessment of discounting indicator, as well as the inconsistency of the arguments is shown about the necessity of accounting and tax rapprochement due to the reduction of accounting works complexity. Scientific novelty: possibility is empirically grounded of using the depreciation policy of the managing subject in the process of innovative technological re-equipment, and, as a consequence, increasing the efficiency of environmental activities; approach is updated to the instruments of analysis of the financial condition of the organization. Practical value: the opportunity to optimize the expenses of a business entity on the best available techniques integrated into the production process in the framework of the Russian Federation course to the innovative development on the criterion of minimizing the tax burden.
164-171 193
Abstract
Objective: to define the character and features of economic relations between Russia and ASEAN in the sphere of energy carriers in the modern period. Method: abstract-logical. Results: basing on the estimations and analysis of economic relations between Russia and ASEAN in the sphere of energy carriers, possibilities for the further cooperation strengthening are revealed. Scientific novelty: the current condition and possibilities for the further cooperation strengthening are researched concerning Russia and ASEAN relations in the development of their nature complexes under the lack of systematized statistical data in the mentioned sphere of mutual trade. The probably influence of the Russia phenomenon is shown on the established relations of ASEAN with other states of Asian-Pacific region in the sphere of energy carriers. Practical value: The research data can be used to deepen the understanding of the poorly-studied energy complex of ASEAN. The marked possibilities for cooperation will allow to continue the bilateral dialogue under competition for the access to the markets of China, Japan, and Korea.
172-178 191
Abstract
Objective: evaluation of the parameters characterizing the educational potential of young people and some aspects of its implementation. Methods: general scientific and statistical. Results: basing on the results of the statistical data analysis and data from monitoring studies conducted by ISEDT RAS, the authors defined the problem of the young people’s educational potential, which include employment of people to a qualification not obtained in an educational institution, and discrepancy of qualification to the job requirements; activities are defined aimed at elimination of the revealed problems. Scientific novelty: the parameters, characterizing the educational potential of the population; structured problems of the use of young people’s educational potential at the regional level. Practical value: the research results were used for designing of the “Concept of state youth policy in the Vologda region for 2011-2020”.
179-185 114
Abstract
Objective: to determine ways to improve the financial security of higher professional education (hereinafter - HPE) in conditions of its reforming. Methods: statistical, analytical and abstract-logical. Results: basing on the analysis of financial instruments used by institutions to maintain educational services on a high level, the authors proved the greatest prospects of innovative and entrepreneurial activities as a stable way of earning funds; proposed the ways of solving the major problems in the activity of small innovative enterprises at universities. Scientific novelty: scientifically justified measures to increase the efficiency of activity of small innovative enterprises by improving the innovation infrastructure of the region. Practical value: proposals are elaborated on the improvement of innovation infrastructure of small innovative enterprises on the basis of creation of the Association of small innovative enterprises at the Federal Agency for science and innovations, Ministry of Education and Science of the Russian Federation, directed on the coordination of certain small innovative enterprises and allowing to achieve a synergetic effect.
186-190 130
Abstract
Objective: to define and ground the issues of competition development between catering enterprises in Nizhegorodskaya oblast, to define the factors influencing the development of competitive catering enterprises and ways of its enhancing. Methods: analysis, synthesis, summarizing and statistical method. Results: basing on the carried out analysis, the vector of competitiveness is defined; problems of forming competitiveness in the region are revealed; recommendations for improving competitive relations in catering are given. Scientific novelty: objective bases of forming competitive relations in Nizhegorodskaya oblast are revealed; necessity to modify the structure of competition in catering is researched; the role of state apparatus in development of competitiveness in Nizhegorodskaya oblast is defined. Practical value: the recommended directions of competition development in Nizhegorodskaya oblast can be significant value for the development of market economy in Volga Federal district and the whole Russia.
191-197 157
Abstract
Objective: to reveal the groups of customer loyalty to the most famous medical establishments and to elaborate the program of internal and external customers’ loyalty of a curing-prevention establishment. Methods: marketing research based on selective personal polls and quantitative analysis of the primary information. Results: the groups of customer loyalty to the most famous medical establishments are revealed; it is stated that the share of loyal customers in “promoters” group is not sufficiently large, while the share of patients in groups “neutral” and “critics” is large. The data served as the basis for elaborating loyalty program. Scientific novelty: for the first time the loyalty factors are revealed and the level of customer loyalty to the most famous private medical establishments is determined; the Program of customers’ loyalty of a curing-prevention establishment is elaborated. Practical value: using the program of customers’ loyalty by a curing-prevention establishment will increase the number of loyal customers and the amount of profit.

CIVIL LAW; ENTREPRENEURSHIP LAW

198-201 145
Abstract
Objective: to reveal the essence of juridical construction in the civil law. Methods: the general methodological basis was formed by the general scientific (dialectic) method of cognition of the juridical reality, enabling to view the problems of juridical constructions of the civil-legal branch. During the research we also used the private scientific methods of cognition, such as formal-juridical, comparative-legal, and logical. Results: by analysis of the branch peculiarities of the juridical construction, its essence in civil law was revealed. On the example of a treaty juridical construction, the unity and differentiation of the civil law juridical construction was shown, as well as of the juridical construction of a different branch. Scientific novelty: the author’s definition of the civil law juridical construction is proposed, its branch features are revealed. Practical value: the theoretical provisions formulated in the article can be used in the work of law-making bodies to improve the existing legal norms; for carrying out the expertise of normative legal acts with a view of revealing collisions; in the educational process for teaching the “Civil Law” course.
202-209 126
Abstract
Objective: to formulate the author’s definition of the notion of federally owned landsite, as an object of disposition right. Methods: historical, formal-logical, comparative-legal, dialectic, systemic-structural analysis of legal phenomena. Results: basing on the multi-sided analysis of various scientific views accepted in the civil law theory, the research of correlation was carried out between such categories as “object of legal regulation”, “object of civil legal relationship”, “object of subjective civil law” and “object of civil rights” referring to the category “federal land site”; features and specifics are revealed for federal land site as an object of real estate; features of legal regime of federal land site are stated; federal land site is defined as an object of disposition right. Scientific novelty: features of federal land site as an object of disposition right and its legal regime are explained. It is proved that possibility to implement the disposition right by the state depends on the legal regime of federal land site. Reasons are given that the specifics of civil-legal regime of federal land site as an object of disposition right consists in the fact that while implementing the disposition right the owner state solves public problems connected with using these lands. The author’s definition of federal land site as an object of disposition right is presented. Practical value: Results of the research should be used, first of all, in educational process, while studying the course “Civil Law” (general part); secondly, in law-enforcement practice when solving the disputes connected with the mechanisms of federal land sites disposition.
210-216 170
Abstract
Objective: to study the mechanism of implementation of the Russian civil law principles in court practice. To achieve it the basic options are revealed for the application of the fundamental principles of civil legislation, and the “analogy of law” model stipulated in the RF Civil Code is criticized Methods: comparative and functional, formal-logical, documentary. Results: the author comes to the conclusion about variations in the courts application of the basic civil legislation principles. Scientific novelty: the author's classification of the civil legislation principles which highlightes the constitutional principles of civil law (courts always refer to them in their decisions), and all other principles set out in Article 1 of the Civil Code (the court refers to them if there is no special law that regulates the relation). Practical value: the conclusion that the absence of a special rule allows the courts to apply the law analogy, or make a decision in accordance with the basic principles of civil legislation.

THEORY AND HISTORY OF LAW AND STATE

217-225 204
Abstract
Objective: to define the notion, structure and features of implementation of right for communication in Russia. Methods: social-communicative approach using general scientific methods of analysis and generalization. Results: basing on the analysis of empirical and statistical data the dialectic contradiction is revealed between the actual as the instantaneous state of affairs in political-communicative sphere and the due as a system of information-communicative relations formed on the basis of normative-legal acts regulating the information sphere, which are adequate for the modern democratic society. The political-legal necessities are defined, which promote the implementation of the right for communication. Scientific novelty: the correlation is defined between the notions “right for communication” and “right for information”; structural elements of the given legal system are analyzed, as well as the mechanism of their implementation in the context of the modern political events and informational law-making. Practical value: the possibility of dialogical optimization of information-communication relations in the political sphere by adequate methods of legal regulation. Implementation of the right for communication promotes perseverance of the dynamic balance of the social system, rationalization of conflicts and communicational legalization of the authorities.
226-232 130
Abstract
Objective: to reveal the connections between the conventional public values and the content of legal norms’ sanctions by comparative research. Methods: formal-legal, comparative-legal, systemic-structural and axiological. Results: resulting from legislation analysis, as well as other empirical facts, the existence of indirect links between the interests of the modern society and the content of legal norms’ sanctions. These links are most vividly revealed in the sphere of economic crimes and administrative offences, as well as civil-legal delicts. The complex of benefits of the modern society is revealed, which can be subject to influence from legal norms’ sanctions, and their objective conservative character was proved. The efficiency of the search of adequate measures against modern crimes is grounded. Scientific novelty: the complex approach is implemented to the research of the benefits subject to the negative-legal influence, their theoretical-legal structurization is presented; for the first time the direct and indirect links are revealed between the mentioned benefits and public values; the ways of further transformation of legal norms’ sanctions towards increasing their efficiency are specified. Practical value: the provisions formulated as conclusions of the article can be applied in law-making activities for increasing the efficiency of legal norms’ sanctions, which in general will be aimed at improving the law-enforcement in the Russian society.
233-240 165
Abstract
Objective: to examine the contents of the concept of “law” in modern Russian juridical discourse. Methods: a methodological basis of the research is a dialectical approach to the cognition of social phenomena, which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors, as well as postmodern paradigm, which gives an opportunity to study the legal reality at different levels, including law interpretation. Dialectical approach and postmodern paradigm determine the choice of specific methods of research: comparative, hermeneutic, discursive. Results: basing on the analysis of the most important works on the theory of law, it is concluded that the current Russian juridical discourse is characterised by pluralism of law interpretation. The concept of “law” has no strictly verbalized meaningful value being presented by five competing models, which complicates law making and law implementation and determines the multilevel structure of the Russian legal reality. Scientific novelty: for the first time a discursive method is used for the analysis of philosophical and legal category of “law interpretation”. Practical value: the key issues and conclusions of the article can be used in scientific and pedagogical activity for the consideration of the essence of law and tendencies of its development in Russia.

CRIMINAL LAW AND CRIMINOLOGY

241-246 141
Abstract
Objective: to prove that in some cases the consequences of a criminal conviction do not stop with its discharge and remission; to offer their classification, and make a proposal to the current criminal law. Methods: universal dialectic method of knowledge; gneral scientific, special and private legal methods. Results: it is proved that the action of the consequences of a criminal conviction is not always limited to the discharge and remission of a criminal record, and depending on their actions in time they can be classified into fixed-term, indefinite-term and permanent (life-long). To eliminate the contradictions with the legislative wording on the urgency of the conviction consequences, a proposal is made on amendments in Article 86 of the Criminal Code. Scientific novelty: for the first time in the theory of the Russian criminal law classification of the actions of the conviction consequences in time is made. Practical value: the results of research that improve the view of the legal nature of criminal convictions, may be used for perfection of the criminal legislation, and in the educational process.
247-251 187
Abstract

RETRACTION:

Date of retraction: 13.03.2017
Reason for retraction: Duplicate publication in several editions
Additional information about the causes of retraction:

The article “Limits of legal liability efficiency when applying single-type punishments and awards”, written by Sergey Gennadievich Olkov, Doctor of Law, Professor at Surgut State University, is a duplicate publication. Information from public databases allowed the editors of the journal "Actual Problems of Economics and Law" to identify a violation of publication ethics. An article containing essentially the same data and conclusions was published in another journal: Public and Private Law. 2012. No. IV. pp. 76-80. (http://elibrary.ru/item.asp?id=18875974)

Article by S.G. Olkov "Judicial verdicts in the light of theorems of truth, justice and certainty of bisectorality", published in the scientific journal "Actual problems of economics and law". 2013. No. 4 (28). S. 247-251 is retracted with the consent of the author, editor-in-chief and publisher.

The Editorial Board of the Journal, when publishing scientific research materials, bases its performance on the rules of publication ethics observed by the Editorial Board members, reviewers and authors. According to these rules, the author shall guarantee that the article is published for the first time and was not previously published or submitted to another journal. From the side of the editor-in-chief and publisher, the author S.G. Olkov was pointed out the inadmissibility of such actions and decided to retract the article from elibrary.ru and the journal's website.

 

252-258 214
Abstract
Objective: to identify the influence of social control on counteracting the economic crimes. Methods: on basis of methodology of functionalism the abstract-logical method was used. Results: The determining influence of social standards on economic processes is proved by means of comparison of characteristics in operation of the economy as a social institution and the economy in the capacity of legal institution. For this reason the efficiency of counteracting the economic crimes depends on the conformity of prescriptions of law with social expectations. Scientific novelty: shifting the emphasis in counteracting the economic crimes from criminal-repressive techniques to value-standard regulations. Practical value: consists in correcting of methodology of state and legal management of the economy with due regard for functioning of the mechanisms of social control in the sphere of economy.
259-266 199
Abstract
Objective: to reveal the legal nature of the comments to articles of the Criminal Code of the Russian Federation for indemnity, to show the ways of solving the problem of their implementation. Methods: universal dialectic method of cognition, and general scientific, special and private law research methods based on it. Results: on the basis of analysis and generalization of the results of the investigative and judicial practice, the provisions of the legislation and criminal law doctrine the author discloses the legal nature of the comments to articles of the Russian Criminal code for indemnity and ways to solve the problem of their implementation. Scientific novelty: the grounds and conditions are set and differentiated for indemnity, enshrined in the comments to articles of the Russian Criminal Code; ways are shown to solve the problems of criminal-legal provisions of these comments. Practical value: the results of the conducted survey can be used in scientific, legislative and law-enforcement activity and also in the educational process of law schools and faculties.

CRIMINAL PROCEDURE; CRIMINALISTICS

267-272 176
Abstract
Objective: to methodologically precisely substantiate the thesis that the object and limits of activity of the court of appeal shall be either exclusively mediated by the declared interest of the parties or predestinated rule evocation - with detection of significant violations of the law. Methods: universal dialectic method of knowledge, in accordance with which the studied phenomena are analyzed in interconnection and interdependence, and general, special and private law research methods based on it. Results: it is proved that the appeal is the essence of the means of parties’ legal interest protection, thus the subject and scope of verification should initially be made dependent on the will of the parties. Proactive and revisionary exceeding the declared will limits by the court can be permissible only according to the rules of evocation. Scientific novelty: for the first time in the Russian criminal procedural doctrine the problem was set of differentiation in the definition of the court's activities subject and limits depending on: “partial” appeal, aimed solely at the verification of the claims submitted by the parties, and “full” appeal, designed precisely to the new revision of all criminal case. It is substantiated that, being exclusively a remedy, an appeal should not be commonly used for reconstruction of the public law. Practical value: the theoretical conclusions were formulated in the study, with the objective to form the optimal form of the new appeal proceedings, which can and should be used in research, legislative and practical judicial activities.
273-277 140
Abstract
Objective: on the basis of data doctrine and practice to show the level of development of the competition principle in the Russian criminal procedure legislation, as well as to identify the existing problems in the role of court in criminal proceedings concerning the powers to return the case to the Prosecutor, as well as features of the state Prosecutor’s role and the interaction between the investigator and the Prosecutor. Methods: the method of dialectics as general scientific method, which allows to show the historical development of the problem; analysis and synthesis – phenomena links; special-legislative and comparative-legislative methods – regularity of procedural institutions development. Results: analysis was based on the use of a large number of doctrinal sources and practices data that allowed us to draw the work from theoretical aspect to the level of law enforcement and to show the relevance of the existing problems. Scientific novelty: on the basis of empirical research it was clearly shown that the competitive principle is poorly developed in Russia during that stage of the criminal process, and thus results in conflicts and abuse of authority. Solutions to the problem are proposed. Objectivity of the study gives it a novelty, because the problem has not been studied in such a vast aspect. Practical value: the data can be used in both practice and in law-making and to improve the efficiency of public institutions, as well as to bring the work of these bodies to the qualitatively new level.


ISSN 2782-2923 (Print)