Preview

Russian Journal of Economics and Law

Advanced search
No 2 (2014)

THEORY OF ECONOMICS

5-11 184
Abstract
Objective: to rationalize the strategy and management of the holding intellectual capital. Methods: in this work, we have applied the methods of analysis, synthesis, comparison, induction and deduction. Results: a phased methodology of correcting strategy for the intellectual capital formation in a holding is developed. Basing on the analysis of economic-statistical functions, the impact of the intellectual capital reproduction costs on innovative activity is estimated. For each of the received options recommendations are given for the rationalisation strategies and systems of intellectual capital management. the developed technique is tested on the specific example of a holding. Scientific novelty: a method is proposed to correct the strategy for the intellectual capital formation in a holding. The basis of the method is the analysis of the influence functions of the intellectual capital reproduction cost on innovative activity, where the innovative products (works, services) share in the total structure of the enterprise production should be used as one of the most common indicators of innovation activity of a holding. Practical value: an opportunity to detect the most and the least effective holding enterprises from the point of view of intellectual capital, and to develop a system of measures for the specification of the provisions of the new development strategy of the intellectual capital of a holding, thereby contributing to the development of competitive advantages of a holding.
12-16 176
Abstract
Objective: to identify the reasons for the dominance of debt financing models in Islamic financial institutions and to justify the operating structure of direct investment funds as the most appropriate for the implementation of co-financing models. Methods: abstract-logical method. Results: on the basis of statistical data, statements and publications of various researchers in the studied area, it was revealed that the practice of modern Islamic financial institutions is inconsistent with their socio-economic goals, as expressed in the predominance of debt financing models. The cause of the problem is the inconsistency of the modern operational structure of Islamic financial institutions to the possibilities of debt financing implementation. It is proposed to solve this problem by developing direct investment funds as a form of Islamic financial institutions. Scientific novelty: a new way is proposed to solve the problem of prevalence of debt financing models in Islamic financial institutions. Practical value: the possibility to change the trend of the prevalence of debt financing models in Islamic financial institutions.
17-24 221
Abstract
Objective: to identify and describe research approaches, used in the analysis of the relationship between humans and production. Methods: in this work, we have applied the methods of grouping, describing and historical and logical method. Results: basing on the characteristics of the main approaches used in the analysis of «man-production» relations, and taking into account the focus of the research, it was established that the application of institutional, systematic, quantitative, regulatory, legislative, structural, functional and integrated approaches allows to pay equal attention to both production and man. Organic, humanistic, reproductive and situational approaches focus primarily on the man, while economic, procedural, structural and marketing approaches focus on production. The distribution of each approach to a particular group is justified. Scientific novelty: the author presents a classification of research approaches to the analysis of the «man-production» relations system, consisting of two subsystems. Each approach is given a detailed characteristic of both man and production, that allows to evaluate the possibility of using these approaches and increasing the efficiency of this system research. Practical value: is manifested in the ability to optimize the use of research approaches to the analysis of the «man-production» relations system to identify problems and ways to address them.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

25-30 129
Abstract
Objective: to identify and substantiate the principles of development of the industry of technogenic waste processing. Methods: systemic analysis and synthesis, method of analogy. Results: basing on the analysis of the Russian and foreign experience in the field of waste management and environmental protection, the basic principles of development activities on technogenic waste processing are formulated: the principle of legal regulation, the principle of efficiency technologies, the principle of ecological safety, the principle of economic support. The importance of each principle is substantiated by the description of the situation in this area, identifying the main problems and ways of their solution. Scientific novelty: the fundamental principles of development of the industry of the industrial wastes processing are revealed, the measures of state support are proposed. Practical value: the presented theoretical conclusions and proposals are aimed primarily on theoretical and methodological substantiation and practical solutions to modern problems in the sphere of development of the industry of technogenic waste processing.
31-42 180
Abstract
Objective: to form the conceptual framework in the field of intellectual property management in football clubs, to develop directions of intellectual property management development in FC "Rubin" (Kazan). Methods: general scientific methods of theoretical and empirical knowledge. Results: the notions "intellectual property management in football clubs" and "management of corporate image of the football club" are differentiated; the methodological approach to the management of the company's value is developed basing on tangible and intangible assets management; the issues of intellectual property objects patenting in the Russian sports (football) are studied; the management of Russian and foreign football clubs is analyszed; th system of intellectual property management in FC "Rubin" (Kazan) is diagnosed. Scientific novelty: the authors have developed the method of evaluation of intellectual property management in the football club based on the methodology for assessing the value of the brands of football clubs by Brand Finance consulting company (UK); generic and specific indicators are distinguished in the intellectual property management in a football club as in the intellectual property and corporate image management. Practical value: the recommendations are formulated in the format strategy and tactics techniques, concerning the industrial property management, confidential documented information, copyright for the intellectual property management in FC "Rubin" (Kazan).
43-48 173
Abstract
Objective: to review specific approaches to solving the problems of increasing the efficiency of industrial enterprises production. Methods: situational and economic-statistical analysis. Results: the method of production optimization is proposed. The plan of measures is designed on production improvement, carried out by a specially created working group. The economic effect of the proposed measures is calculated. Scientific novelty: the recommendations made by the author on the restructuring of the corporate management allow to reveal new phenomena and methods of management in the production system. Practical value: the proposals on management improvement were partially implemented in the work of the "Group of companies "GAS" Corporation. The developed recommendations were also used to design the project of "Liteyniy zavod" LLC on the basis of foundry production and the nonferrous foundry workshop.
49-54 213
Abstract
Objective: to determine the conditions and to justify the position of corporate citizenship of organizations as the highest level of development in the field of corporate social responsibility. Methods: abstract-logical and institutional. Results: the analysis of organizations’ activity applying the principles of corporate social responsibility. There are features exceeding the scope of this concept. They are defined as characteristic for a new level of activity of organizations - corporate citizenship. Through an assessment of corporate citizenship as the position of the organizations today, and as a scientific direction, which is a priority for the scientists, it was determined that corporate citizenship today is the vector of development of global business leaders. Therefore, this concept should be applied in Russian practice and studied in scientific branches. Moreover, actions were developed for the implementation of the mechanism of corporate citizenship in the organization. Scientific novelty: the position of corporate citizenship was confirmed as an independent concept, the characteristics typical for corporate citizenship are defined. Characteristics are specified that increase the activity in the framework of corporate social responsibility up to the level of corporate citizenship. The corporate citizenship as a new level of business development is substantiated. The relationship is confirmed between the organization mission and the position of corporate citizenship on the example of global business leaders (to demonstrate the link between economic development and the degree of responsibility). A set of measures is proposed on implementation of corporate citizenship in the organizations’ activities. Practical value: the mechanism of corporate citizenship implementation in the organizations’ activities at the stage of their creation is defined; measures to maintain the position of corporate citizenship are proposed.
55-60 171
Abstract
Objective: to characterize the national innovative system of Russia: to identify its main features, opportunities, threats, strengths and weaknesses, the causes for the lag in innovation, to formulate development priorities, as well as the key principles for improving the national innovation system of Russia. Methods: in this work were applied scientific methods of cognition: generalization of the logical method, analysis, method of economic analysis, method of expert estimations. Results: SWOT analysis is compiled for the national innovation system of Russia, its characteristic features and peculiarities are determined. The necessity of optimization and improvement of construction principles of the national innovation system of Russia is proved. Recommendations are given. Scientific novelty: new recommendations for state innovation management are given and the existing ones are improved. In addition, the proposed list of principles is grouped by significance. Practical value: the possibility to optimize measures of the state innovation management in Russia, to accelerate its exit from unsustainable status in this field, and to strengthen the growth of innovative development.
61-67 144
Abstract
Objective: to identify problems in the field of healthcare economy of Russian regions nowadays and to determine the ways of their solution. Methods: descriptive, comparative, graphic and statistical methods. Results: classification of indicators of the health care system development in the region is proposed; comparative analysis of the health care system indicators of the Tatarstan Republic and Russian regions is carried out; the approach to the organization of the health care system in Cuba is described; a number of measures to address the major economic problems of the health care system of the region are proposed. Scientific novelty: comparative characteristics is presented and analysis of development of regional healthcare system is made, the ways to solve these problems are proposed. Practical value: the ways of optimization of the healthcare system of the region are described.
68-76 135
Abstract
Objective: to conduct research on ensuring the quality and safety of products in the economic section. Methods: the dialectical method of cognition, systemic method, logical method, analysis, synthesis. Results: a study of the economic aspects of ensuring the products quality and safety is carried out. Attention is focused on the economic means of maintenance of products quality and safety. Scientific novelty: ensuring quality and safety of production is considered from the point of view of organizational management systems, the economic essence of the products quality and safety assurance is revealed. Practical value: the obtained results can be used to conduct economic research, teaching economic disciplines, developing quality and safety management systems at the enterprises, to carry out legal research of the issues of products (goods) quality, to develop lecture courses on "Commercial Law", and "Business Law".
77-83 230
Abstract
Objective: to analyze problems and specifics of inflation in Russia. Methods: inductive and deductive. Results: the article analyzes the problems and features of inflation in Russia. The characteristic of inflation, the level and causes are given. The dynamics of inflation in Russia (from 2001 till 2013) is analyzed. The most significant factors and processes are determined and analyzed, that determine the level of inflation in the Russian economy. It is shown that the main reasons boosting inflation are high lending rates and annual increase of tariffs of natural monopolies. It is proved that the phenomena and processes that occur in the analyzed period, do not comply with the monetary rule. Measures are proposed to control inflation in the Russian economy. Scientific novelty: new causes of inflation were detected; the Russian specifics of the phenomenon is shown. Practical value: possibility to optimize the measures of state control over the Russian economy.
84-88 153
Abstract
Objective: to define the term "restructuring", to analyze the effects of economic restructuring mechanism. Methods: situational and economic-statistical analysis methods were applied. Results: the author considers the concept of "restructuring", basing on the analysis of definitions, proposed by other researchers. It is proved that the choice of the structural change method should be justified from the point of view of the properties of organizational structures, criteria, objectives, strategies of the enterprise development. Basing on a survey of managers and employees of industrial enterprises, the author systematizes problems hindering structural changes. Scientific novelty: definitions of different scientists in the studied sphere of activity are analyzed and systematized, the notion of "restructuring" is detailed on that bases. Practical value: is manifested in the opportunity for the industrial enterprises to choose the most optimal approach to restructuring on the basis of the analysis of existing approaches to the restructuring mechanism implementation.
89-94 168
Abstract
Objective: to determine and justify the integral indicator assessing socio-ecological-economic development of industrial enterprises. Methods: abstract-logical method. Results: basing on the assessment of social, environmental and economic subsystems, the technique is proposed to evaluate the enterprise sustainable development by a generalized (integral) indicator. The stages of forming the evaluation technique of social-ecological-economic development are described, taking into account international recommendations. The importance of each subsystem is proved. The threshold indicators of the integrated evaluation of sustainable development of the industrial enterprise are interpreted. Scientific novelty: the requirements are proposed to the formation of indicator systems of sustainable functioning and development of the enterprise. The indicators are divided into subsystems - social, environmental and economic. The system of indicators of sustainable development of the industrial enterprise is described. The formula for calculating the integral indicator is proposed. Practical value: the possibility to determine the place of the industrial enterprise in one of the three groups of integral evaluation. The information is necessary for government authorities to adjust the production structure, identify priority sectors and their additional investment and stimulate action. In addition, it will assist governments and other stakeholders to develop and implement such social-economic policy in the region that will allow to manage the region in the best way and thus ensure sustainable development, to improve well-being and quality of life of the population.
95-100 146
Abstract
Objective: to offer a solution to the problem of statistical accounting in health care on the basis of stationary medical institutions, which will serve as the basis for solving many of the challenges facing the management of health institutions. Methods: systematic logical analysis was used. Results: the problem of collecting, processing, and recording statistical information in a stationary medical institution is discussed. On the basis of the conducted research a solution is proposed to the problem of errors in the collecting, processing, transferring and keeping statistical information in health care. The necessity of these implementations is proved. The economic efficiency is proved, which is associated with the timely managerial decisions on the basis of the offered variant of statistical accounting. Scientific novelty: solution to the issues of collecting, recording, and using statistical indicators necessary for the medical institution functioning is proposed. The possibility is proved of using this approach for solving problems of healthcare management. Practical value: the use of research results for the processing of statistical information will reduce the risk of losing information. It will allow health care managers to use both statistical information and data on availability and consumption of materials, thus ensuring the timeliness and correctness of managerial decisions.
101-110 122
Abstract
Objective: to conduct a systematic analysis of the most frequent problems of the description and evaluation of a multidimensional state of socio-economic processes and to develop methodological recommendations on integrating a system of partial indices into a universal criterion. Methods: traditional methods of analysis, synthesis and information modelling. Results: the procedure is elaborated to integrate the system of private performance indicators, which ensures data comparability in the process of rating the different socio-economic processes and phenomena. Scientific novelty: using the methods of simulation-semantic modeling, as well as unique heuristic methods, the task is solved of assessing non-quantitative indicators and integrating them into a single evaluative criterion. Practical value: the approbation of methodical recommendations showed that their application allows to convert the multi-dimensional states of socio-economic processes into a single, one-dimensional evaluation criterion.

THEORY AND HISTORY OF LAW AND STATE

111-119 178
Abstract
Objective: to create algorithms for the study of normative legal acts and their drafts in order to solve the problem, in favor of which legal subjects the changes in the legal regulation of the relations are implemented. Methods: universal dialectic-materialistic, formal dogmatic, comparative, analysis and synthesis. Results: the method of legal expertise of changes in the legislation is proposed. The method is used to obtain an objective and verifiable conclusions about what social groups, associations, state agencies and their officials (legal entities) benefit from the changes introduced into the legal regulation of relations with their participation. Comments to the method are given. The analysis is described of the legal expertise of the Law of the Perm region of March 5, 2013 № 173-PK "On amendments to the Law of the Perm region "On additional measures of social support of certain categories of people awarded with the degree of Doctor of science" of November 11, 2009, № 538-PK (law edition of 29.11.2011 № 873-PK). Scientific novelty: a new type of legal examination of normative legal acts and their drafts is proposed. Practical value: the technique allows to make objective and verifiable conclusions about in whose favour the legal regulation of social relations is changed, as well as to to reveal the real objectives of the authors of normative legal acts drafts.
120-128 193
Abstract
Objective: to determine the place of criminal law prohibitions in the formation, development and functioning of the Soviet legal discourse. Methods: dialectic approach to the research 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 post-modern paradigm, giving the opportunity to explore the legal reality at different levels, including the law-interpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods: comparative, hermeneutics, discursive, formally legal. Results: basing on the analysis of normative-legal acts regulating criminal legal relations in the USSR, the development of the Soviet criminal law was considered, since its emergence to termination of existence. Conclusion on its restrictive nature was made, which was in line with the main task of this sector of law - the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse, which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty: on the basis of use of the complex classical and post-classical methods, the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value: the key issues and conclusions of the article can be used in scientific and pedagogical activity, while researching the issues of the nature and trends of development of the Soviet criminal law.

ADMINISTRATIVE LAW

129-134 153
Abstract
Objective: increasing the efficiency of administrative control over accomplishment of anticorruption legislation. Methods: the dialectical method of cognition. Results: basing on the evaluation of the opinions of various scholars in the field, as well as on the foreign and domestic experience, the measures are proposed to improve administrative-legal provision of anti-corruption legislation observance. Scientific novelty: current problems of application of the new anti-corruption legislation are identified. The successful experience of foreign countries is analyzed concerning the organization of administrative legal provision of observing the obligation of providing information on property, income and expenses by the officials. The ways of improving the administrative provision of compliance with anti-corruption legislation are proposed. Practical value: is manifested in the possibility to improve the system of anti-corruption struggle.

CIVIL LAW, BUSINESS LAW

135-140 159
Abstract
Objective: theoretical-legal analysis of the legal structure of the agency contract in the Russian civil law. Methods: in this work, the methods of comparative legal analysis and formal legal method were applied. Results: the study of current Russian legislation allows to conclude that the commissioning for some actions under the agency agreement may cause problems and difficulties of practical nature, caused by the fact that the norm of the agency contract does not fully regulate the agency relationship due to the conventional reference to the rules of the commission contract or the agency agreement depending on whose behalf the agent acts. The rules of these treaties can not be subsidiarily applied to the actions and the application of the rules on paid services is not provided by law. As follows from the above, the commission agent’s sole actions, even related to the legal ones, remains unresolved in the civil law. Scientific novelty: the different viewpoints of the authors are analyzed regarding the structure and the subject of the agency contract. The detailed analysis of legal and real actions in the subject matter of this agreement is provided. The norms of the subject of the agency agreement require clarification and, possibly, quality adjustment depending on what actions (legal and/or real) are demanded in practice as a part of the subject of the agency contract, as well as the legislator’s position in this regard. Practical value: the theoretical principles formulated in the study can be used in lawmaking, when teaching the "Civil law" course and other special courses.
141-146 153
Abstract
Objective: to define a «will» notion and to extinguish its forms according to the legislation of Kazakhstan Republic and foreign countries. Methods: method of comparative legal analysis and formal legal method. Results: basing on the analysis of hereditary legislation of the Republic of Kazakhstan and foreign countries, the necessity is proved to introduce innovations into the procedure of secret wills opening in the Civil Code of the Republic of Kazakhstan. The importance of this procedure is justified. Scientific novelty: determination and analysis of the forms of wills in the legislation of the Republic of Kazakhstan and foreign countries: notary (Kazakhstan, Russia), oral (Hungary), holographic (UK), handwritten (continental Europe). The detailed analysis of the specific forms of wills and problems in regulation of secret (private) wills is provided. Practical value: the possibility to apply, basing on the positive experience of foreign countries, the procedure of secret wills opening in order to eliminate the grounds for hereditary disputes and recognizing the will as void.
147-155 157
Abstract
Objective: to study the principles and the role of legislative definitions within the various research methods for modeling functions of legal models of the civil rights objects. Methods: method of comparative analysis and abstract method. Results: the analysis of scientific approaches defines simulation as a method of research, which remains weak in legal sciences, its relevance and topicality are ignored. The author proposes systematization of real contracts as to their content - the type of property rights, the transfer of which is the subject of agreement. The work expands the concept of "property law" in statics, as a result of comparison of the "legal model" concept with other similar terms. The conclusion is made about the existence of separate legal category in modern science. Scientific novelty: the modeling principles in the theory of law are not fully established, in connection with which the author gives the definition of the legal modeling factors in the sphere of the turnover of the civil rights objects and their classification. Practical value: the identified approaches provide for the possibility to study the principles of development of the approaches functioning mechanism, as well as to map the ideal model with really existing social relations in the sphere of real estate turnover.
156-161 175
Abstract
Objective: to conduct a comprehensive study of the concept of legal guarantees of creditors’ rights and to identify some features of guarantees on the basis of the presented classification. Methods: general scientific (deduction, comparative and system analysis, formal logical method) and special (comparative legal and structural-functional methods). Results: basing on the evaluation of different scientists’ opinions, the definition of the notion «legal guarantees of creditors’ rights» is given. Four classifications of legal guarantees of creditors’ rights are proposed. Scientific novelty: author's definition of the notion «legal guarantees of creditors’ rights» is given. The essence of legal guarantees in general and legal rights of creditors in particular is defined. Classifications of legal guarantees of creditors’ rights are given: by the content and methods of implementation of creditors’ rights guarantees; by forms of providing guarantees to creditors; general and special guarantees; by the form of termination of legal person’s activity. The classifications are described in detail through examples. Practical value: the results of this research can be used in scientific-research activity. Theoretical conclusions formulated in the work can be used in the process of improving of the existing legislation and practice of its application.
162-169 143
Abstract
Objective: to study of the concept of "guilt of the victim" in non-contractual obligations. Methods: a methodological basis of the research was interdisciplinary and private scientific methods of cognition: analysis, synthesis, comparative legal, formal legal methods. Results: basing on the analysis of pre-revolutionary, Soviet legal heritage and current legislation, the concept of "guilt" in the civil law is studied, primarily the guilt of the victim in the obligations of injury by a motor vehicle; the dynamics of views on the concept of "guilt" in the civil law doctrine is shown, as well as in the legislation of different historical periods. Scientific novelty: the issue of the concept and value of fault of the victim in the obligations of injury done by a motor vehicle is comprehensively investigated. Subject to the provisions of the pre-revolutionary, Soviet and current legislation, and viewpoints expressed in the Russian legal science, the concept of “guilt of the victim" is explored, as well as its form, the conclusion is made about the necessity of establishing the clearly defined concepts of guilt and its forms in civil legislation. Practical value: the theoretical provisions formulated in the study are relevant for the development of the doctrine of the guilt of the victim in tort obligations and may be used in further studies, as well as for the improvement of legislation in this sphere.

CONSTITUTIONAL LAW

170-177 172
Abstract
Objective: to determine the «white» statehood landmark in choosing the forms of territorial organization of Russia. Methods: the methodological basis of the research is universal dialectic method of cognition, which allows to study the phenomena and processes in their historical development based on scientific (systemic-structural), special (hermeneutics) and private law (comparative and formal legal) methods. Results: basing on the analysis of historical analogues developed and justified in the general theory of law and state, it is proved that the state and legal ideology of «white» statehood has elaborated a direction for the construction of a complex decentralized unitary state, consisting of national-cultural and territorial autonomies. Scientific novelty: the article develops and introduces into scientific circulation the conceptual theoretical and legal provision of regional state as one of the forms of Russia’s territorial organization, selected by «white» modes. The liberal-democratic ideology of «white» statehood in state legal construction facilitated the formation of a unitary decentralized state with wide powers of territorial and national-cultural autonomies. Centralization of power was necessary to eliminate the country's collapse. In the late period of «white» statehood (rule of P. N. Wrangel) it was supposed to build the regional state with a strong decentralization of power. Practical value: the provisions and conclusions can be taken into account (referring to the historical experience) for the state-legal ideology formation, in case it is necessary to increase the role and influence of society in the legal and political life of the country. The research results can be used in the preparation of courses, textbooks and educational-methodical manuals, programs of the theory of state and law, history of state and law, history of political and legal doctrines and also general courses on politics and history of Russia of XX century.

CRIMINAL LAW AND CRIMINOLOGY

178-187 179
Abstract
Objective: to show that the formation of anti-corruption outlook is an important and vital aspect of modern society and to prove that it is more useful to prevent corruption manifestations than to combat them. Methods: the methodological basis of the research is the universal analysis and synthesis of anticorruption issues, allowing to actually or virtually divide the objects into constituent parts, and to find out which parts they consists of, what its properties and characteristics are, and to synthesize their consolidation into a single organic whole, not into a mechanical unit. Also a method of survey and statistical polls was used, including conversation, interviews, massive data collection through questionnaires and their systematization into a single report. Results: the paper studies the corruption institution as a social act, allowing to destabilize the socio-economic situation in the country as a whole. At the same time it proves the necessity to combat this phenomenon, including level impacts related to the institutional nature of the formation of a comprehensive system of the country’s sustainable development. The corruption perception by young people is explored. Basing on the conducted research, it is demonstrated that the introduction of profile and specialized courses on the existing anti-corruption state policy in the system of higher and additional education forms a new, correct outlook on the perception of corruption, which eventually should lead to the reduction of corruption level in the country. This also proves the point that prevention is more effective than struggle with corruption. Also it is proved that for the effectiveness of combating corruption and clarifying the corruption dynamics it is advisable to periodically conduct monitoring, seminars, round tables, conferences and other practical, applied measures with the participation of practitioners. Scientific novelty: the paper contains provisions on the formalization of corruption process as a part of the public discourse. It is shown that the general perception of corruption as a environmental phenomenon is formed under the influence of institutional factors. It is recommended to define the overall corruption capacity of the country with regard to social capital. Practical value: recommendations on the formation of anti-corruption outlook in the society are given. The importance on focusing measures on the regional cooperation level is proved. The consequence of the struggle is the growth of economic indicators, the extension of the scope of social capital in general. Implementation of monitoring results and other studies will contribute to the creation of a monitoring system of the corruption situation in the society in general and in education in particular, and to the reduction of the corruption level at universities, as well as improving the image of the higher education system, which can recognize the problems and solve them. Introduction of new specialized courses in educational process will form a new outlook and increase the level of knowledge in the issues of combating corruption.
188-197 164
Abstract
Objective: to study the relevance of the problem and characteristics of crime in rural regions of the Russian Federation, which is determined, on the one hand, by the complexity of the criminal situation in rural regions, the acuteness of the problems of crime prevention organization; and on the other hand by the lack of research of criminological problems of rural crime. Methods: ascent from the abstract to the concrete; system-structural and comparative analysis; historical; dynamical and statistical methods, as well as the concrete sociological methodology of rural crime evaluation. Results: specific features of crime in rural regions and its social danger are shown in comparison with urban crime. The effective directions are proposed for improving counteraction against the crimes in view. Scientific novelty: the article considers the trends of crime in rural regions, a comparative analysis is carried out of the registered crimes dynamics in rural and urban regions. As a result, the following peculiarities were revealed: in rural regions the crime rate is higher than in the cities, in addition, in rural regions there is a serious status and scope (in comparison with cities) of destruction of villagers’ murdering and causing grievous bodily harm as a result of criminal encroachments; the level of the killed village citizens in Russia in the last three years was stable and is more than twice higher than the level that characterizes urban crime, and is almost one and a half times higher than the number of persons in the cities suffering from grievous bodily harm, etc. The authors indicate the complexity of the criminal situation in the village. The tendency of reducing the number of crimes registered in rural areas in 2009-2012, does not reflect its real condition, because during the last years this trend is due to artificial regulation of the amount of crimes reflected in the statistical reports. Practical value: the results show the degree of public danger of rural crime, and can serve as the basis to develop effective solutions for its prevention.
198-202 141
Abstract
Objective: to realize the specifics of deceit as a means of committing fraud in the sphere of transport; to define the general concept of deceit. Methods: the dialectical method of cognition, systemic, logical-legal and comparative legal methods. Results: the conclusion is proved that the delusion of the victim is not a sign of deceit, because deceit is the behavior, activity of the deceiver, and delusion is the mental state of the deceived that occurs as the result of the deceiver’s activity. Attention is drawn to the key characteristic, according to which the fraudulent actions in transport fraud can be divided into two groups: the deceits about the external, objective factors, and the deceits about the internal, subjective factors. Scientific novelty: the traditional provisions of fraud in the context of road transport fraud are viewed, which need a more detailed legal interpretation. Deceit in transport are grouped on a feature basis, reflecting the typical kinds of deceit. The most complete, from the terminological point of view, definition of deceit is formulated. Practical value: the results can be used in scientific and law enforcement activities, in particular, can be included in educational-methodical literature for use in the preparation of practitioners and scientific-pedagogical personnel in the field of jurisprudence.
203-209 170
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 "On a fair verdict", written by Sergey Gennadyevich Ol'kov, Doctor of Law, Professor of 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 by the said author, containing essentially the same data and conclusions, was published in another publication: Forensic Library. Science Magazine. 2014. No. 6 (17). pp. 151-156. (http://elibrary.ru/item.asp?id=22511771).

An article by S.G. Ol'kov “On a fair verdict”, published in the scientific journal “Actual Problems of Economics and Law”. 2014. No. 2 (30). pp. 203-209. 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 editor-in-chief and publisher of the author Ol'kov S.G. it was pointed out that such actions were inadmissible and a decision was made to remove the article from the site elibrary.ru and the site of the journal.

210-220 148
Abstract
Objective: to state irrationality of the existing wages-forming system of the sentenced to imprisonment as the most important component of social-labor relations in the penitentiary system and to justify the necessity of its reorganization, including by restoring the functions of labour norms. Methods: dialectical method of studying the phenomena and processes, abstract-logical method, method of analysis, synthesis, comparison of empirical and statistical data. Results: the position is justified, according to which the pay increase of convicts is based on the development and technological re-equipment of industrial production of the criminal-executive system, and is intended to be linked with both positive dynamics of production and economic activity of the criminal-executive system and effective the institution of their work rating. Scientific novelty: the strategic relationship is identified between the wages of convicts and the state of industrial production in the penitentiary system. The futility is proved of solving social and labour problems in the penitentiary system on the "institutional principles" that ignore the content of the objective law of value. Practical value: is manifested in the ability to improve the management of social and labor processes (for example, to ensure the effective application of "social lifts" system to convicts) in the penitentiary system, including norm-setting activities of its central authority.

CRIMINAL PROCEDURE; CRIMINALISTICS

221-226 174
Abstract
Objective: on the basis of the doctrine, legislation and practice, to make conclusions about the degree of efficiency of such participants in the criminal proceedings, as the detective, investigator, Prosecutor, judge, and to analyze the observance and implementation of such important principles as adversary, equality of the parties and presumption of innocence from the point of view of the thorough study of their practical application. Methods: dialectical method, analysis, synthesis, deduction and induction, and specific scientific methods of scientific cognition. Results: the actual position was determined of the subjects of criminal proceedings from the point of view of feasibility of basic principles of criminal proceedings, not in legislative but in practical aspect. Scientific novelty: Often the position of criminal proceeding subjects, their authority, role, and status are analyzed from the point of view of legislative norms. It also true for criminal proceedings. In the article an attempt is made to analyze with the new position the relationship of the criminal process setting and the objectives of public prosecution in the modern period of development of criminal procedural science. Practical value: the criminal proceedings is an essential element in the aspect of the citizens’ rights protection, thus it is obvious that the position of the criminal proceedings participants should objective and transparent, and the criminal proceedings principles should be implemented. The article shows the problems and proposes was of their solution, which are of objective interest. The research results can be applied in practice and taken into account when making changes in the legislation.

RATINGS AND REVIEWS

227-237 190
Abstract
Objective: evaluation of the Commentary to the Law of the Republic of Kazakhstan "On combating corruption", prepared by a group of authors under the scientific editorship of Doctor of Law N. N. Turetskiy, and the assessment of preventative impact on corrupt behaviour in that state, based on the the Commentary. Methods: universal dialectical method of scientific cognition of social phenomena and processes with application of general scientific methods (analysis, synthesis, comparison), used in the modern law. Results: the paper gives a positive assessment of the Commentary to the Law of the Republic of Kazakhstan "On combating corruption", prepared by a group of authors under the scientific editorship of Doctor of Law N. N. Turetskiy. The tools and mechanisms of preventive impact on corrupt behaviour in the Republic of Kazakhstan are examined, and some measures on the improvement of tools and mechanisms for combating corruption in the Russian Federation are suggested with the account of experience accumulated by Kazakhstan specialists.


ISSN 2782-2923 (Print)