No 1 (2014)
THE DIALECTICS OF ANTI-CORRUPTION
5-9 178
Abstract
Objective: to study the practice of implementation of regional programs on corruption prevention and counteraction and to estimate the efficiency of this means of anti-corruption struggle. Methods: analysis, synthesis, deduction, induction, statistical analysis, systemic-structural, structural-functional, comparative-legal, dialectic. Results: the weak points in anti-corruption struggle at regional level are revealed; the problems are characterized and variants are proposed to improve the existing system of corruption prevention and counteraction. Scientific novelty: the research is an analysis of the first implementation of regional programs on corruption prevention and counteraction which are adopted by territorial units basing on the general state program. Practical value: the results formulated in the research can be used for improving the state mechanism of corruption counteraction, for laborating the systemic structure of anticorruption struggle at regional level.
10-17 238
Abstract
Objective: to draw attention to the issue of anti-corruption policy as a function of control and conceptually legal basis of administrative activity in the sphere of corruption counteraction. Methods: systemic thinking, synergistic approach, comparative analysis. Results: the basic definition of anti-corruption policy has been developed, the criteria (bases) of delineation of anti-corruption policies and anti-corruption activities have been developed. Scientific novelty: for the first time the largely corrected definition of anti-corruption policy is given, the correlation of the "anti-corruption policy" concept with the term "anti-corruption activities" is considered; the typical "political" signs are outlined; it is suggested that the conceptual-legal frameworks of anti-corruption policies should be developed. Practical value: scientific substantiation of provisions of administrative activity in the crime counteraction opens the possibility of a scientific debate on this issue and allows to optimize the functioning of the entire governmental system.
18-23 199
Abstract
Objective: description of the features of corruption in the innovation environment. Methods: analysis, synthesis, analogy, abstract-logical method, systematic approach. Results: basing on analysis of the collected information, the authors reveal that the creators of innovative firms tend to be young people with a lack of official status, experience and connections. They need to spend more effort to carry out independent economic activities, they can more often become objects of extortion by officials. Corruption is more dangerous for innovative firms than for traditional ones as the former need to get more permits. Scientific novelty: the socio-economic features are described of the occurrence of the innovation process - the process of creation and implementation of innovations and ideas. The forms of state participation in innovation activity are extinguished, which are analyzed for the presence of corruption threats. The features of corruption in the innovation environment are studied in comparison with other areas of economic relations. Practical value: to increase knowledge about corruption in the innovation environment; knowledge of socio-economic characteristics of the innovation process which can serve as a basis to improve the implementation of innovative business support and development of anti-corruption policy measures.
24-31 208
Abstract
Objective: determination of the impact of globalization processes on the state of corruption in the modern world and individual countries. Methods: universal dialectical method of cognition, which allows to study the phenomena and processes of reality in their historical development, the interrelationship and interdependence, and based on it, and the special general scientific methods of research Results: basing on the assessment of different scientists’ opinions in the studied area of activity, the necessity is proved to form a single anti-corruption strategy acceptable to all states, and effective at all levels of state management; the principles of such a strategy are defined. Scientific novelty: The close relationship is revealed between the globalization processes and the global spread of corruption phenomena. The point of view is substantiated that the liberalization of market relations has both a deterrent and a stimulating effect on the corruption of public management. The need is proved to form national anti-corruption policies based on international standards of anti-corruption activities. Practical value: the possibility to extrapolate international practices to combat corruption in public administration.
32-38 210
Abstract
Objective: to prove the importance of the consistent implementation of the requirements of the principle of punishment individualization in the practice of penitentiary system of the Russian Federation. Methods: The methodology of research is based on dialectic which allows to consider state-legal phenomena in its development and dynamics, in close interaction with other factors of social life. Results: the main conclusion of this article is the proposition that the consistent fulfillment of the requirements of the punishment individualization principle can bar the manifestation of potential elements of subjectivity and corruption in the activities of the penitentiary institutions officials in the implementation of the legislative framework regulating the parole process. Scientific novelty: Justification of the statement that only the consistent fulfillment of the requirements of the punishment individualization principle can currently bar the manifestation of potential elements of subjectivity and corruption in the activities of the penitentiary institutions officials in the implementation of the legislative framework regulating the parole process. Practical value: conclusions and findings formulated in the work may be useful in legislative, law-enforcement and educational spheres of legal activity.
39-48 148
Abstract
Objective: to develop and describe the algorithm of strategic management impacts on criminological situation of a constituency and to develop qualitative and quantitative indicators of the management activities efficiency of the subjects of anti-corruption anti-crime areas of electoral politics. Methods: operational and structural, legal modeling, sociological and criminal statistics. Results: the notion is given of corruption-factors and electoral corruption; based on the analysis of domestic and foreign research and copyright empirical criminological research, corruption-factors are highlighted relating to electoral legal relations. Based on the assessment of criminological concepts of political criminology and mass communications criminology, the anti-crime security algorithm is elaborated of managerial influence on corruption-factors of criminological situation in a constituency. Conceptual, technological, resource, time, personnel, organizational elements are proposed, as well as qualitative and quantitative indicators of administrative activities efficiency of the subjects of anti-corruption anti-crime areas of electoral policy. Scientific novelty: The content of corruption-factors is updated. The specific features of electoral corruption are highlighted, its concept is given. The algorithm of strategic management is proposed, effecting the corruption-factors of criminological situation in a constituency. Formulated qualitative and quantitative criteria for evaluating the subject of anti-corruption anti-crime areas of electoral politics. Practical value: the possibility of applying the algorithm of strategic managerial influence in the development of appropriate programs to counter electoral corruption, allowing the subject of administrative activity to determine the strategic objectives and tactical tasks depending on the performance of criminological situation in a specific constituency, and take corrective action based on the evaluation of qualitative and quantitative indicators of their activities.
49-55 162
Abstract
Objective: identification of problems of more efficient coordination of anti-corruption struggle and their solutions. Methods: abstract-logical method, system analysis, sociological, etymological, historical, legal and other general and private scientific methods and techniques of research. Results: basing on the assessment of different scientists’ opinions in the field, the necessity is proved of a more practically meaningful definition of efficient coordination; all the essential authorial positions and points of view on this issue are researched and compiled; definition of the effectiveness is proposed; the essential components of the system are revealed. Scientific novelty: for the first time the efficiency of the legal phenomenon is defined by the cost approach. At the same time other "traditional" approaches to these phenomena are criticized. Practical value: the possibility to optimize the state measures of corruption counteraction in Russia, to make coordination of the authorities to fight corruption more effective.
56-65 171
Abstract
Objective: to show the crisis state of the Russian economy, complicated by the presence of corruption, and measures to eliminate it. Method: abstract logic. Results: the need is proved to solve the identified economic and corruption problems. Anti-corruption measures are developed: a new ideology is formed, a rating system of fixing the bureaucracy performance is developed; a proposition is made to install state and public video surveillance over the officials actions during service, to start checking all the authorities on a polygraph, to return the right to elect Chairman of the Accounts Chamber of the Russian Federation to the State Duma, etc. Scientific novelty: it is proved that without changing the existing ideology the economic problems can not be solved. The new anti-corruption ideology and anti-corruption measures are proposed. It is proved that the solution of economic problems is anti-corruption and anti-crisis management. Practical value: the possibility to solve economic problems on the basis of both short-term opportunities to reduce corruption by removing the identified corruption opportunities, and long-term ones by introducing the new anti-corruption ideology.
66-71 172
Abstract
Objective: to study the concept and state of anticorruption monitoring and to develop measures to improve its effectiveness. Methods: dialectical method of cognition, which allows to study phenomena and processes occurring in society in their historical development, interrelationship and interdependence, as well as general scientific, special and private law methods based on it. Results: The analysis is carried out of concepts and state of anti-corruption monitoring in Russia as an actrivity of tracing the corruption characteristics and impact of anti-corruption measures; it is found that today there are no legislated criteria for assessing the negative effects of corruption on the state and society; indicators are proposed and justified of corruption and anti-corruption activities in the form of complex "damage", where growth of social tension is an essential component. Scientific novelty: The introduction of a quality evaluation index of corruption is proposed in the form of a comprehensive "damage": the amount of the imposed and unpaid penalties for corruption offenses, damaging the government authority, the growth of emigration, the facts of lynching, etc.; reasonability of social tension assessment is proved as the complex indicator of the population discontent with policy, including in the field of anti-corruption struggle. It is proposed to criminalize the offenses leading to a substantial increase in social tension and committing crimes. Practical value: the research results make up for the existing gap in the assessment criteria for corruption and effectiveness of countermeasures by establishing a uniform approach in this area, which will increase the liability for the acts leading to a substantial increase in social tension, and can also be used in legislative and educational activities in law educational institutions.
72-76 156
Abstract
Objective: to scientifically ground the need to use the systemic method in legal provision of protection against corruption law breaches. Methods: systemic-structural method, allowing to determine the position of corruption among other threats to security of a human being. Results: basing on the carried out analysis of normative-legal acts and research results, the necessity of all kinds of legal process is proved (especially the law-making one), taking into account the mental, ideological, psychological and other features of people when implementing the foreign experience of corruption counteraction. Scientific novelty: further developed the provision of the need to normatively confirm the dominant role of a person in forming the state policy in general and the criminal one in particular. The state can not properly ensure the security of a person, which is a prerequisite for their rights and freedoms. Thus special attention is paid to the scientific elaboration of measures for preventing the corruption law breaches. Practical value: the provisions formulated in the article can be used in further scientific research referring to the organizational-legal measures of corruption counteraction, as well as in law-making activity when harmonization of the national legislation with international acts.
THEORY OF ECONOMICS
77-83 182
Abstract
Objective: to reflect the critical importance of human capital as the basis for economic growth and competitiveness of the country; to identify and justify the importance of new forms and methods of state governance aimed at the preservation and development of human potential in all aspects. Methods: systematic approach; abstract-logic method, method of observation. Results: basing on the study of expert opinions in the field of human capital preservation and development, the necessity is proved to optimize the principles of state management in the sphere of human capital preservation and development. Scientific novelty: the estimation is carried out of new methods and principles of state control in the sphere of human capital preservation and development; approaches are defined to estimate the needs in labour resources , including migration ones, harmonized with the demand in all sectors of the economy. Practical value: possibility for state power executive bodies to use the proposed approaches when calculating the balance of labor resources.
ECONOMICS AND NATIONAL ECONOMY MANAGEMENT
84-87 178
Abstract
Objective: to disseminate ideas and principles of implementing the methodology of lean production. Methods: practical approaches to implementing the tools of lean production in social establishments. Results: basing on the analysis of the problems of implementing the tools of lean production in governmental establishments of Tatarstan Republic, ways are proposed to optimize the functioning of establishment of the sphere. Features of all services rendered by state establishments are described. Problems are described, appearing at the beginning of optimization process. Scientific novelty: new approaches are revealed to the solving the problems of optimizing the functioning of social establishment using the principles of lean production. Tasks are presented, which should be solved during the process of implementation of lean production, namely, creating of the system of constant improving. Lean production methodology is proved to be purposeful for implementation in state sector from the point of view of increasing the customer and personnel satisfaction by reducing the labor-consuming operations and shortening the period of services rendering. Practical value: possibility to optimize the functioning of social establishments in Tatarstan Republic by implementing the tools of lean production and revealing new directions of improving the quality of the services rendered.
88-93 122
Abstract
Objective: to ground the conception of forming the innovative quality-oriented management system of an organization. Method: abstract-logical. Results: the conception of forming the innovative quality-oriented management system of an organization is designed and thoroughly described, basing on the author’s complex of principles of quality management system design; the conclusion is made of quality management as a dominant direction of forming of innovative management system of an organization. Scientific novelty: the conception of forming the innovative quality-oriented management system of an organization is designed. Practical value: the possibility to form efficient innovative quality-oriented management system by the organizations, which will lead to increasing the living standard and welfare of the population.
94-102 196
Abstract
Objective: to define the methodological approach to the analysis of e-government development in the Russian regions. Methods: systematic approach, the method of analytical assessment, methods of comparative, descriptive, structural-functional analysis. Results: using the results of comparative analysis of existing methodological approaches to the evaluation of e-governments, the author has elaborated the methodology of the the analysis of e-government development in the Russian regions. The system of management activities is proposed for the development of regional e-government projects based on global factors and trends in e-government development. The information-analytical system of the monitoring of electronic government of the region is designed, which calculates the index of e-government development in accordance with the proposed methodology and defines the corrective measures for each region devending on the indeces of e-government functions implementation Scientific novelty: the method of assessment of e-government development is comprehensive and takes into account the development of projects for each e-government function: e-administration, e-services, e-management and e-democracy. Practical value: the author's approach to analytical estimation of e-government development can be used for complex monitoring and assessment of the rendered state e-services for various Russian regions.
103-109 171
Abstract
Objective: to build and substantiate the model of regional development of the agricultural complex under the Russia's joining the WTO. Methods: economic-statistical. Results: basing of the analysis of conditions of the regional agro-industrial complex functioning, the problems of strategic development are identified; the comparative characteristic of the level of social security in urban and rural districts is given; measures are elaborated to increase the efficiency under globalization. Scientific novelty: high economic importance of the program «Sustainable development of rural areas by 2013 and 2009 and for the period till 2020» is substantiated, realization of which will allow to improve management effectiveness of regional agriculture under Russia's joining the WTO. The criteria of social security in urban and rural areas are summarized. Practical value: the model of regional development, elaborated for Tatarstan republic, can be implemented in other Russian subjects for reducing the level of crisis in the regions’ economy.
110-115 155
Abstract
Objective: to determine and ground the development strategy of intellectual capital of a holding. Methods: abstract-logical, comparison, analysis, synthesis, induction, and deduction. Results: basing on the analysis of theoretical provisions and an example of certain holding the necessity was proved to elaborate the development strategy of intellectual capital of a holding. Nine principle of forming and developing the intellectual capital were proposed, which are integral to forming the holding strategy; necessity of each principle is proved. The main stages of forming the development strategy of intellectual capital of a holding are extinguished. Scientific novelty: basing on the analysis of existing scientific approaches, the author’s definition of the intellectual capital of a holding was proposed. The development strategy of intellectual capital is grounded, for which a system of principles is proposed for developing the intellectual capital of a holding; a part of which (for example, the principles of balancing, synergism) are specific for holding companies; the main stages of forming the development strategy of intellectual capital are extinguished. Practical value: possibility to broaden the range of competences of a holding structure by forming and improving all the elements of intellectual capital, which is essential for innovative economy with high competition, as well as to increase the possibilities of competences exchange between the holding departments.
116-122 151
Abstract
Objective: to identify the necessity to introduce the concept of "competitiveness of business activity of an organization" in the services sector, to define the content of this concept and to analyze the main factors contributing to the competitiveness of business activity. Method: abstract logic. Results: basing on the evaluation of the views of the Russian and foreign authors, the necessity is proved of identifying such notion as "competitiveness of business activity of an organization" in relation to the services sector. The author's understanding of this concept is proposed, the main factors of competitiveness of the business activities of an organization in the services sector are revealed. Scientific novelty: a new concept "competitive business activity of the organization" is introduced; the necessity to identify factors forming it is prov4ed, as well as the need to assess it; the logical relationship of the concepts of "competitiveness of business activity" and "economic security" is defined. Practical value: the ability to improve the competitiveness of business activity in the services sector through a thorough analysis of its main determinants and their management.
123-130 147
Abstract
Objective: to determine the main trends of development of policy in the sphere of scientific research and innovations in European countries. Methods: economic-statistical and abstract-logical. Results: the trends of development of policy in the sphere of scientific research and innovations in European countries are shown. Comparative analysis of the main parameters of world innovative systems is made; significant differences in trajectories of Russia’s, European and developing countries’ development are revealed. While researching the formation of the common European organization of for science and innovations support, the authors state the factors determining the stable interaction between researchers and distributing knowledge. Scientific novelty: analysis of the structure and volume of expenses for research and innovations in countries with various levels of per capita income; determining the trajectories of innovative systems development in Russia and Europe. Practical value: possibility to use the results of analysis of the innovative systems forming in European countries for designing the national innovative policy.
131-136 146
Abstract
Objective: definition of the new realities in the system of recruitment of a modern company. Method: abstract-logic. Results: basing on assessing the opinions of various scholars in the studied area of activity, the need to review the recruitment system is proved. The new realities of the labor market are considered as well as their impact on the company's management. The participation of managers in constructing the system interaction with the staff is highlighted, as well as the development of standards and formal rules expected from the staff performance. The examples are given of non-compliance approaches to the problem of hiring in modern companies. Scientific novelty: new realities of the labor market of a modern company are identified. the major stereotypes of managers concerning the staff are analyzed. Practical value: the ability to identify the main aspects of the personnel search and recruitment for effective results-oriented team.
137-142 165
Abstract
Objective: development of statistical methods to systematize information in tourist sphere. Methods: statistical monitoring, data summarizing and grouping. Results: basing on official statistics, the necessity of tourist information systematization is proved. The features of the application of data summarizing and grouping in tourism statistics are described. For three kinds of statistical groupings, examples of official statistical reporting Rosstat are given, which prove their value in the case studies of the tourist industry. It is shown that in statistical practice the universal groups are used, combining different methods of data systematization. Scientific novelty: for the first time the opportunities are defined for statistical groupings to identify types, structures and relationships of objects, processes and phenomena in tourist sphere. The new term "statistical reductionism" is introduced, characterizing the problem of summarizing the whole statistical methodology to formal models designing. Practical value: opportunities for a broad use of data summarizing and grouping method to study the trends in the tourist industry development.
143-149 147
Abstract
Objective: to define the main directions of the state regulation of machine-building complex and increasing its competitiveness. Methods: analysis; abstract-logical and systemic. Results: the general characteristic is given to the state regulation of machine-building complex development, the priority directions are determined of improving its components and high-technology aggregates; of increasing the added value of machine-building enterprises in Russia; of development competitive industry by stabilizing the market and forming the sources for innovative development. Scientific novelty: measures for state regulation of machine-building complex are proposed: 1) measures aimed at forming the market conditions of production in Russia; 2) measures aimed at the innovative development of machine-building complex; 3) measures of normative-legal regulation in this sphere. Practical value: possibility to implement the measures and main priority directions of state regulation of machine-building complex development at machine-building enterprises in Russia, which will promote its stability and increase competitive positions of the Russian machine-building industry.
150-155 247
Abstract
Objective: to research and study the experience of Swiss management in enterprises. Methods: Comparative management, benchmarking, abstract logic. Results: Development of models and tools for human resource management in an enterprise. Scientific novelty: a conceptual approach to human resources management construction based on the Swiss model is developed. Practical value: in view of the fact that since the start of market reforms in Russia there has not been developed any conventional system of personnel selection to companies, recruitment is often made on the basis of personal relationships, formal acquaintance with the candidates' resumes or arbitrarily designated selection principles. Team building is neglected, as well as practicing common sets of values. Therefore, the introduction of the Swiss model of human resource management and, consequently, a new type of management culture in the practice of Russian companies should be regarded as a tool to improve the effectiveness of control systems in Russia.
QUALITATIVE EVALUATION OF THE IMPACT OF INTERNATIONAL COMPETITIVENESS FACTORS OF THE RUSSIAN REGIONS
156-165 151
Abstract
Objective: to identify, classify and quantify the influence of key factors of international competitiveness on the Russian regions and to determine the main directions of its improvement. Methods: institutional and systemic approaches, factorial and comparative analysis, econometric modeling tools. Results and scientific novelty: basing on empirical data of the 30 most economically developed Russian regions, the econometric models are elaborated for quantitative evaluation of the factors of their international competitiveness. The basic directions of increasing the international competitiveness of Russian regions are revealed. Practical value: the basic directions of increasing the international competitiveness of the Russian regions are presented and substantiated: infrastructure development, business climate, regional institutional environment, and improving the quality of state management at regional level. They allow to elaborate a complex of practical measures for solvingthe above problem.
166-172 169
Abstract
Objective: the analysis of approaches to the assessment of business activity as a multi-level category. Methods: abstract logic. Results: it is proposed to consider the business activity of individuals and associations (up to cross-border one) as a multi-level category, which evaluates behavior and ability to achieve socio-economic and production goals. Works are reviewed, which show the possibilities to estimate the enterprises’ abilities. Scientific novelty: the theoretical conception of “business activity” category is broadened. Practical value: the possibility to assess business activity at different levels.
ACCOUNTING AND STATISTICS
173-180 168
Abstract
Objective: to elaborate the common regulation on accounting of accounts receivable and introduction of the new principles and classification of accounting of accounts receivable. Methods: analysis and synthesis, deductive and abstract-logical method. Results: basing on the analysis of existing Russian standards of accounting and other normative-legal acts referring to accounting of accounts receivable, the common regulation has been elaborated on accounting of accounts receivable. The new characteristics is suggested for accounting of accounts receivable, basing on the economics content of the research object. The common approach is elaborated for accounting of accounts receivable with delay of payment. Scientific novelty: accounts receivable are classified by profitability with division into financial and on-financial accounts receivable; definition of “accounts receivable” is given, its contents is described; methods of accounting the accounts receivable with delay of payment is elaborated basing on the technique of reduced value discounting. Practical value: possibility to use the regulation on accounting the accounts receivable, designed by the author, as the basis for forming the project “Provisions for accounting the accounts receivable”. Structuring the common rules for forming the information about accounts receivable in accounting is elaborated.
MATHEMATICAL AND INSTRUMENTAL METHODS IN ECONOMICS
181-185 138
Abstract
Objective: To construction integrated economic indicators and classify regions in terms of the housing market development. Methods: factor and cluster analysis. Results: the classification of regions is made by integral indicators determining the housing market conjuncture. The used mathematic and statistical tools are marked by the use of systematic methods to reduce the dimension of a multidimensional feature space and automatic classification. The groups of regions with a similar situation in the housing and construction market are identified. Scientific novelty: the technique of regions classification is proposed by integral indicators of the housing market development. Practical value: The results can be used in the development of regional development programs, as well as the development of mechanisms to improve the affordability of housing in some areas.
THEORY AND HISTORY OF LAW AND STATE
186-194 156
Abstract
Objective: on the basis of philosophical, sociological, political science and jurisprudence to implement a comprehensive general theoretical and legal analysis of existing classifications and types of extremist behavior Methods: universal dialectical method of cognition that allows to study the phenomena and processes of reality in their historical development, interrelationship and interdependence, and general scientific, special and private-legal research methods based on it. Results: basing on the analysis of a significant number of domestic and foreign research on countering extremist activity, it is revealed that the existing classifications of extremism are extremely numerous, contradictory, many of them do not follow the classification rules (no substantiation of classifications, explanations and clarifications of the terms introduced into the scientific circulation) Scientific novelty: classification of extremist activity is developed and introduced into scientific circulation, depending on extremism correlation with the current laws and regulations; author’s definitions are formulated of extremist activities in the framework of the rules and extremist activity in the framework of the law, illegal extremist activity; it is proposed to avoid a regulatory interpretation of legal acts of "extremism" as a necessarily negative notion. Practical value: the theoretical propositions formulated in the research can be used in scientific, legislative and law enforcement activity, educational process of higher education institutions for law, in professional development of practitioners and scientific-pedagogical personnel in the field of jurisprudence.
CIVIL LAW; ENTREPRENEURSHIP LAW
195-199 198
Abstract
Objective: to develop a comprehensive civil law view of the peculiarities of activity of the subjects of civil law, expressed in the norms of civil law of Russia, leading to the formation of holdings as structures not being an independent legal subject, and to improving interaction between separate legal entities - elements of these structures, as well as management activities of the legal entities. Methods: General scientific dialectical method and modern scientific methods of cognition, such as comparative legal, formal logical, systematic and analytical, intersectoral, historical narrative. Results: the analysis of the theoretical and practical problems allowed to formulate a number of proposals on specification of legal terminology used in the fields of the study and on improvement of legislation in the relevant field. Scientific novelty: the research is carried out on theoretical and practical aspects of the holding organization as business association and management in the framework of this association. A view is formed on the essence and the legal nature of the holding associations. Specific features of the holding associations are detailed. Structure and features of holdings creation are analyzed (from the legal point of view). Peculiarities of intercompany relations are revealed, including those relating to control of the managed company. Practical value: the methodical and methodological provisions contained in the work, are brought to the extent of practical recommendations and can be applied to the creation of holding associations, the development of targeted and specific criteria, which are aimed at increasing the efficiency of the civil control in holdings and associations.
200-205 140
Abstract
Objective: analysis and comparison of legal categories” objects withdrawn from circulation”, “objects restricted in circulation” and “objects prohibited for circulation”. Methods: formal-logical, comparative method and method of cross-sectoral approach legal research. Results: basing on the analysis, certain restricted and withdrawn objects are defined. Two parameters of their differentiation are proposed. It is shown that the law concept of “objects prohibited for circulation” is used in the meaning of goods withdrawn from circulation. Scientific novelty: The author's criteria are proposed to differentiate objects of civil rights restricted and withdrawn from circulation. Practical value: Results of research can be used in law-making and law enforcement activity, as well as for scientific research in the field of civil turnover.
206-212 144
Abstract
Objective: to investigate the principles and role of the legislative definition in the various research methods for modeling the function of legal model of civil rights objects. Methods: abstract-logical and comparative analysis. Results: the analysis of scientific approaches defines modeling as a method of research that remains insufficiently used in the legal sciences, in spite of its relevance and topicality. Scientific novelty: modeling principles are not well established in the theory of law, thus the author's definition is proposed of legal modeling factors in the sphere of civil rights objects turnover and classification. Practical value: the identified approaches include the possibility of learning the principles of development of their functioning mechanism, as well as comparison of the ideal model with actually existing social relations in the sphere of real estate turnover.
213-218 247
Abstract
Objective: to prove that sham transactions should be considered invalid transactions with flaw in the will. Methods: General scientific method of systemic analysis, making it possible to identify the legal nature of sham transactions and to define its place both in the general system of legal facts, and in the system of invalid transactions. Results: the conclusion is justified that sham transactions should be considered invalid transactions with flaw in the will, because when making a sham transaction the parties have both the will and the declaration of the will, but the declaration of the will does not reflect in full the relations and the consequences that the parties intend to generate. Scientific novelty: the author has reviewed the scientific studies of those who attribute sham transactions to the group of invalid deals with the flaw in the content. Basing of the presented analysis, the author gives counter-arguments, which allow to identify the flaw of sham transactions. Taking into account that only legitimate actions are considered to be transactions, it is proposed to change the wording of Article 153 of the Russian Civil Code. Practical value: the theoretical principles formulated in the study can be used in lawmaking, in teaching courses in Civil Law, as well as other special courses.
219-225 222
Abstract
Objective: to reveal the significance of the juridical facts in civil law for the development of civil law. Methods: dialectical methods, as well as such private-scientific methods as a method of ascent from the concrete to the abstract, analysis, synthesis. Results: changes are proposed to Article 8 of the Civil Code of the Russian Federation. Scientific novelty: currently civil law is being changed considerably, in connection with the need to develop a coherent system of juridical facts in civil law. Provisions of Article 8 of the Civil Code do not allow to build the system of the facts, as the author has studied. In this regard, it is important to first of all clearly identify the grounds for the emergence, changing and termination of civil relations as the list of juridical facts should be exhaustive. Practical value: a clear system of juridical facts in the civil law will allow to solve the cause of legal conflicts, will create an opportunity for effective law enforcement. The findings of the research could be the basis of proposals for civil law optimization.
226-230 137
Abstract
Objective: to define and substantiate the forms of regional policy in the field of physical culture and sports. Methods: systematic, structural-functional and institutional analysis. Results: Basing on the evaluation of the views of different scientists in the study area, it is proved that the Russian Federation subjects clarify the goals, objectives and methods of the physical culture and sports policy, based on the general federal policy documents, which are aimed at the implementation of activities at the regional level. Scientific novelty: the dependence of physical culture and sports strategies content on the shape and the mechanism of their adoption is revealed The influence of political elites on the order of development and implementation of concepts for the development of physical culture and sports in the region is proved. Practical value: the ability to optimize the new strategies’ adoption procedure in the field of physical culture and sports at the regional level with the account of recommendations and typical mistakes made in this sphere.
INTERNATIONAL LAW, EUROPEAN LAW
231-235 160
Abstract
Objective: to prove the priority of the Constitution of the Russian Federation over international treaties by correlating the national and international acts. Methods: universal dialectical method as the method of successive development and change of legal phenomena in national and international law, as well as the systemic and the formal legal methods. Results: basing on the theories (doctrines) analysis, the correlation between national and international law, formed in the science of international law, and basing on the existing Russian legislation and judicial practice, the conclusion was made about the priority of the Russian Constitution over international treaties. Scientific novelty: for the first time, on the basis of the correlation between national and international law, the conclusion was made about the priority of the Russian Constitution over international treaties, as it prevails throughout the Russian territory. Practical value: the theoretical results formulated in this study can be used in the educational process, scientific, legislative and law-enforcement activities and in the work of scientific-pedagogical staff in the field of jurisprudence.
CONSTITUTIONAL LAW
236-242 154
Abstract
Objective: identifying changes within the legal regulation of social relations through sanctions of prohibiting legal norms. Methods: formal-legal and comparative legal. Results: basing on the analysis of the current legislation in recent years, the overall trends are shown in the changes of the content of sanctions of prohibiting legal norms. In particular, there are several basic directions of regulatory limits development referring to certain penalties: reinforcement of quantitative parameters in the sanctions content, emergence of some new character of the sanctions, which, according to the authors, can not be considered fundamentally new. In addition, the legislator uses other sanctions if the existing sanctions lose their effectiveness when applied to a particular offense. Scientific novelty: a comprehensive approach is carried out to the study of changes within the legal regulations by sanctions of prohibiting legal norms. For the first time the summary is shown of the relationship of quantitative and qualitative trends in the development of certain sanctions. Practical value: the provisions emanating from the article can be applied in legislative activities to further improve the content of the sanctions of prohibiting legal norms, aiming at more effective impact on the social relations’ participants who commit offenses or are prone to this.
243-249 189
Abstract
Objective: to analyze the existing constitutions of the Russian Federation republics, to identify their main features and problems of development. Methods: formal-logical, comparative legal. Results: Basing on the analysis of the constitutions of all the Russian Federation republics, the main features are identified that reflect the identity and traditions of multinational republics’ statehood; the increasing role of constitutions in the progressive development of the national republics is shown. The author's definition of the constitution of the republic is proposed; the degree of autonomy and full state power of the Russian Federation subjects are disclosed, including the subjects within the republics’ jurisdiction. Scientific novelty: for the first time the main features of the republics’ constitutions are disclosed in comparative terms, as well as their their essence and content; it is proposed to extend the legal regulation variability of federal relations, to consolidate all republics’ jurisdiction directly in their constitutions; the conclusion is made about the necessity of full implementation of the constitutional provisions and further development of the republics’ constitutions. Practical value: the conclusions and recommendations formulated in the study can be used in scientific, legislative and educational activities for the further improvement of federal relations and practices of constitutional development in the republics.
CRIMINAL LAW AND CRIMINOLOGY
250-260 231
Abstract
Objective: to examine the relevance of the issue and the characteristics of crime in rural areas in the Russian Federation, which is determined, on the one hand, by the complexity of the criminal situation in rural areas, the acuteness of the problems of the crime counter-action organization, including prevention; and the lack of study of criminological problems of rural crime, on the other. Methods: ascent from the abstract to the specific; systemic-structural and comparative analysis; historical, dynamic and statistical methods, as well as specific-sociological methodology of evaluating rural crime. Results: specific features of crime in rural areas are shown, as well as its social danger in comparison with urban crime. The effective directions of improving counteraction against the above crimes are proposed. Scientific novelty: the article considers the trends of crime in rural areas, compares the dynamics of registered crimes in rural and urban areas. The following features are revealed: crime level is higher in rural areas than in urban ones; especially grave is condition and scale (in comparison to cities) of deaths and grievous bodily harm among the villagers caused by criminal encroachments; the number of the killed among the villagers in Russia over the recent 3 years is stable and is more than two times larger than the similar level in cities, and almost one and a half times larger than the number of people with grievous bodily harm in the cities. The authors indicate the complexity of the criminal situation in the village. The tendency of reduction of crimes registrated in rural areas in 2009-2012 does not reflect its actual state, as this trend is caused by the artificial reduction of registered crimes during the last years. Practical value: the reseach results show the level of social danger of rural crime, which can serve as the basis for elaborating effective solutions for its prevention.
261-266 209
Abstract
Objective: to examine and describe the determinants of repeat criminal behavior of women. Methods: statistical, comparative, questionnaires and interviews. Results: based on the socio-psychological concept of causality analyzes the causes and conditions of recidivism of women in the Irkutsk region. Scientific novelty: found that repeated criminal behavior of women is due not only common, but specific determinant-E, in particular, gender issues involved in the system-governmental public relations, social roles and functions of women, their biological and psychological characteristics. Significant deformation of consciousness determines their repeated criminal behavior, deformation are economic, moral, legal and family and everyday psychology. Practical significance: determined by a combination of applied findings from the point of view of their use in the prevention activities of the subjects of female criminality.
267-272 195
Abstract
Objective: to analyze the composition and the problem of enforcement of persistent evasion from paying the children’s allowance (Article 157 of the Russian Criminal Code), and to develop proposals to improve the criminal law on this corpus delicti. Methods: formal-logical method, which consists in identifying and analyzing signs that constitute the persistent evasion from paying the children’s allowance. Results: The specific scientific reasoned recommendations are proposed which would further improve the criminal law on the responsibility for the crime of persistent evasion from paying the children’s allowance. Scientific novelty: it is proposed to set a certain quantitative threshold for the persons evading from paying the children’s allowance (not below the minimum wage set by legislation); to strengthen criminal responsibility of parents for persistent evasion from paying the children’s allowance, by increasing periods of punishment to those convicted for correctional and forced labor up to two years; to introduce a rule in the note to Article 157 of the Criminal Code, by which a person who commits the offense, is not subject to criminal liability if voluntarily repay the alimony. The definition is given of persistent evasion from paying the children’s allowance, in order to avoid different interpretations in law enforcement. Practical value: by studying the norms of the Criminal Code and the practice of their application, some suggestions are made to improve the Russian Federation legislation on liability for persistent evasion from paying the children’s allowance by court decisions and law enforcement practice.
273-276 151
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 “Influence of unemployment on thefts (criminological research)”, written by S. G. Ol'kov, 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.
Article by S.G. Ol'kov "Influence of unemployment on thefts (criminological research)", published in the scientific journal "Actual problems of economics and law". 2014. No. 1. S. 273-276, retracted with the consent of the author, editor-in-chief and publisher.
CRIMINAL PROCEDURE; CRIMINALISTICS
277-282 179
Abstract
Objective: to study the practice and problems of application of criminal-legal measures to women criminals. Methods: statistical, comparative, formal logical. Results: basing on the analysis, the conclusions are made about the effectiveness of application of punishments and other criminal-legal measures, in particular, a stay of execution for pregnant women and women having children under the age of 14. Scientific novelty: the concept of measures of criminal-legal nature is proposed, which up to the present time was not present on the legislative level. Systematization of measures of criminal-legal nature is held, which are applied to women who have committed crimes, including on the basis of statistical data for the period from 2006 to 2012. Practical value: is determined by a set of conclusions of applied character from the point of view of their use for preventing female crime and improving the efficiency of application of measures of criminal-legal nature to women who have committed crimes.
283-288 178
Abstract
Objective: to determine the nature and functional purpose of the preliminary investigation in the structure of criminal proceedings. Methods: dialectical, formal logical, comparative analysis. Results: basing on the analysis of norms of the Criminal-Procedural Code of the Russian Federation which include preliminary investigation in the list of activities for verification of a crime report, the necessity is proved to promote the structure of pre-court procedure. Proposition is made to include the pre-court verification into the sysem of criminal procedure. Special attention is paid to the analysis of features which determine the place of verification activity in the system of the stages of criminal proceedings in Russia. The most topical problems of the preliminary stage of the proceedings are shown, which have recently become the subject of sharp discussions. Scientific novelty: preliminary examination is considered on a new level as a stage preceding the criminal procedure. The content of the new stage is revealed, its place in the structure of criminal court procedure is defined. The importance to extinguish the preliminary examination into a special stage is theoretically proved. Practical value: the possibility to improve the structure of pre-court proceedings, by strengthening the initial stage of investigation. The conclusion about the functional expediency of existence of the pre-investigation verification allows to determine the main directions of modernization of criminal-procedural legislation.
289-300 278
Abstract
Objective: basing on the studies of the formation and development of appellation procedure in Russian law, used for verification of court judgments in the Russian criminal procedure, as well as on comparative historical and legal analysis of this criminal procedure, to research the problems and trends of appellation development at the present stage and to determine whether the thesis on the right of everyone to a fair judicial protection, proclaimed by the Russian legislators, is true. Methods: universal dialectical cognition method, the method of comparison, historical, formal legal and special and private law research methods. Results: analysis of main problems and conflicts of the appellation procedure for verification of court judgments in the Russian criminal process, the doctrine and practice of implementing this form of validation give the opportunity to understand the motives and main vectors of Russian reforms, which are associated with the spread of appeal form of validation of all kinds of judgments of first instance (Law # 433-ФЗ of December 29, 2010). This analysis can become a methodological basis for assessing the optimality of both the introduced regulatory innovations and the practice of their application in the changed procedural conditions. Scientific novelty: the authors, rejecting the formal description of the appellation procedure genesis in the Russian criminal process and its foreign analogues, believe that the focus should be the hub of the problem, not the individual particular features of the appellation procedure, which are easily minimized by the general sense of the law, the conventional conscience of the legal relations participants, the established practice and the provisions of the scientific doctrine. In this context, the following gaps in normative regulation of the appellation procedure, and collisions of its practical implementation are considered the key ones: the necessity of appeal form of verification in the Russian criminal procedure; the positive and the negative constituents of appeal in comparison with cassation form of validation in the Russian criminal process; the limits of the court of appeal powers when checking sentence or revision (in general) of the criminal case. Practical value: the theoretical conclusions formulated in the study can and should be used in research, legislative and practical judicial activity, with the purpose of creating the optimal form of the new appeal proceedings.
ISSN 2782-2923 (Print)