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Russian Journal of Economics and Law

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No 3 (2014)

THEORY OF ECONOMICS

5-11 184
Abstract
Objective: to define and justify the efficient system of intellectual capital management. Methods: dialectic method, determining the study of phenomena in constant development and interaction, as well as methods of situational, dynamic and factor analysis. Results: The features of managerial functions implementation are systematized in relation to the intellectual capital of a holding. The features and problems of forming the intellectual capital management system are viewed concerning the managerial functions and types of intellectual capital of the certain holding. The results of approbation of the technique of the complex intellectual capital development index of a holding served as a basis for increasing the efficiency of the intellectual capital management system. Scientific novelty: The definition of “the intellectual capital management system of a holding” is given. The technique is elaborated for calculating the complex index of the holding intellectual complex development, which is necessary for estimating the pace of the holding intellectual capital development in dynamics. The suggested index allows to generally define the trends of the intellectual capital changes and elaborate the recommendations for improving the managerial system in the holding. Practical value: The opportunity to optimize the intellectual capital management system of a holding, to find reserves for further increasing efficiency and to elaborate recommendations for its improving.
12-19 175
Abstract
Objective: to identify the type of order that was forming in modern Russian economic system (from 1991 to 2013). Methods: abstract-logic method and methods of the nonlinear dynamics theory. Results: A phase trajectory was built of economic systems development in the Russian Federation and the Republic of Tatarstan. Basing on these data, the types of established and emerging structures of order were identified and characterized: of unstable limit cycle; of equilibrium trends; of stable limit cycle. Scientific novelty: Basing on the phase trajectories, all types of order are identified and described which originated in the economy of Russia and the Republic of Tatarstan in the period from 1991 to 2013; the interaction of these types is shown; a forecast of the further development of structures of order is made. Practical value: The possibility of using the obtained results in stabilization policies, and management of economic growth.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

20-25 135
Abstract
Objective: to identify and systematize the key factors of international competitiveness of the Russian regions and identify the key areas of its improvement. Methods: institutional and systemic approaches, factor and comparative analysis. Results: The key current problems of agriculture in Russia are highlighted; promising areas of support to Russian agriculture under the WTO restrictions are identified. The Republic of Tatarstan is viewed as an example, as it has the potential to become a food donor of federal significance. The model of the import substitution project implementation is formed, in which a сentral place belongs to the regional import substitution strategy. Scientific novelty: a high potential of WTO "green basket" measures in the sphere of the Russian agro-industrial complex support is grounded. The model of import substitution project is constructed, based on the regional import substitution strategy, which includes interaction with the project stakeholders and takes into account the impact of internal and external institutional environments on the project. Practical value: the research results can be used for the formation of the federal program of import substitution in Russia, as well as for the formation of regional strategies of import substitution.
26-33 178
Abstract
Objective: to define the directions of budget policy improvement in the sphere of the efficient use of financial resources with a view of the main strategic goal of the modern Russian state - the modernization of the Russian economy. Methods: abstract-logical method, horizontal and vertical comparative analysis. Results: The work presents the summarizing and critical evaluation of the modern budget policy of the Russian Federation in the sphere of budget means expenditures. Factors are analyzed which define the features of the modern budget policy in the studied sphere, as well as forms, techniques and tools of its implementation. The characteristic features and problems of its implementation are revealed. Scientific novelty: defining the interaction between the efficiency of budget means expenditure and the quality of economy modernization. The principles of the state budget policy are revealed in the sphere of means expenditure, its main elements and priority directions. The article also states that the inefficient expenditure of the budget means occurs first of all by the high level of corruption and shadow economy in the financial-budget sphere, especially in the regions. The shadow economy distorts the data about the national economy development, reduces taxation base and decelerates economic growths, which does not promote it modernization. The efficiency of means expenditure can also be ensured by state-private partnership. The state-private partnership development can become one more factor of the national economy modernization, especially under limited financial resources. Practical value: possibility to implement the proposed measures fro the budget policy modernization in the sphere of financial means expenditure for increasing the efficiency of their implementation.
34-42 143
Abstract
Objective: basing on the existing methods, to propose the improved method of estimating rural territories, which would allow to estimate the “stability” of the territory, and to group rural territories by types. Methods: abstract-logic, mathematical and statistical methods. Results: The author has elaborated the method of rural territories’ stable development estimating, basing on which, the typologization of municipal districts of Krasnoyarsk region was made, which improves the development policy of rural territories. Scientific novelty: The elaborated method allows not only to define the level of stable development of rural territories in general, but gives an opportunity to define the development level of a certain sphere of society, its sectors, which allows to carry out the deeper typologization of the regions’ stability (within a certain type). Practical value: By calculating the integral indicator of the stable development of rural territories, the municipal districts of Krasnoyarsk region were divided into 3 types: highly stable, of intermediate stability and unstable. Such division promotes the more detailed elaboration of development programs and, in general, improving the development policy of rural territories.
43-51 138
Abstract
Objective: to estimate and reveal the macroeconomic indicators of agriculture development which influence the country’s economic growth. Methods: economic-statistical and economic-mathematical methods. Results: Basing on the model of pairwise regression, the estimation is made of the influence of federal budget on the value of economic growth. Scientific novelty: The technique is proposed to estimate and reveal the economic growth reserves by comparing the actual and calculated values of the GDP efficient indicators per capita depending on the federal budget expenditures for agriculture development. Practical value: The possibility to qualitatively and quantitatively estimate the influence of macroeconomic indicators on economic growth by using economic-mathematical methods.
52-62 121
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).
63-67 140
Abstract
Objective: to define the possibilities of improving the tax legislation in order to increase tax collection on physical person’s income. Methods: abstract-logic method and method of comparisons and analogies. Results: Analysis of the history of control over physical person’s income in Russia was carried out; its drawbacks are revealed, possibilities for the modern usage are defined. Scientific novelty: The efficiency of the earlier applied methods of tax control over expenditures of physical person’s income in the Russian Federation was analyzed. The author suggests introducing control over citizens’ expenditures preconditioned by the development of computer registration of deals and electronic documents circulation. Practical value: Possibility to use the suggested measures of the budget policy modernization in the sphere of spending the budget financial assets for their more efficient using.
68-75 130
Abstract
Objective: to justify the purposeful development of industrial parks on the basis of large industrial enterprises as a tool for territorial development of inter-firm production networks; to determine the main directions of the functioning of the industrial parks; to identify the factors and to develop the principles of functioning of industrial parks. To propose a methodological approach for the establishment of industrial parks and the choice of key residents of industrial parks and to validate the methods of monitoring the effectiveness of their functioning. Methods: systemic and economic-mathematical analysis, systematization, analysis and expert judgement. Results: The calculations indicate that some major projects in the field of logistics, which are in dire need of the Nizhniy Novgorod region from the point of view of the regional development strategy, are commercially ineffective if realization by the business, outside the framework of industrial and logistics parks. Effective implementation of infrastructure projects leads ultimately to the benefit of all its participants, including the state (in our case - Nizhny Novgorod region as the Russian Federation subject). Scientific novelty: The development of theoretical frameworks and methodological tools by implementation of social effects of the industrial parks formation, which are a combination of economic and organizational tools and relationships to enhance the integration of large engineering companies and industrial enterprises in a single production-technological network. Practical value: The proposed methods for measuring the effects allow to make cost-effective decisions when choosing the strategy of economic development of the region. Practical three-year experience of the industrial park project implementation proves the positive social effect.
76-82 136
Abstract
Objective: to assess the effectiveness of agricultural producers with the aim of forming a governmental subsidizing policy. Methods: the theory of fuzzy sets. Results: The research views traditional methods of assessing the financial and economic state of business entities, and presents the results of the performance assessment, based on a calculation of profitability (loss) of agricultural producers’ sales in Tatarstan Republic. Scientific novelty: Basing on the calculated parameters of large and medium-sized enterprises, criteria for comprehensive assessment are proposed, taking into account the regional aspect. Practical value: The proposed method allows to analyze the effectiveness of producers with sectoral approach, and in terms of activities. The assessment tools generate a qualitatively new approach to the terms of the budget allocation in order to ensure food security in the region.
83-89 154
Abstract
Objective: to analyze the applied measures of support of small and middle entrepreneurship subjects in the economically developed countries with a view of their application in Russia. Methods: statistical, abstract-logical method, observation. Results: Revealed the efficient measures of state support of the small and middle entrepreneurship subjects, among which are: development of infrastructural services, creating favorable conditions for business, system of state guarantees for credits, cooperation between large and small business, etc. Basing on the studied experience, methods are proposed, which can be used in Russia. Scientific novelty: Basing on the analysis of the foreign practice of state regulation and support of small and middle entrepreneurship subjects, the author views the practice of developed countries and highlights the most efficient measures for Russia to solve the problems of the small and middle entrepreneurship subjects support. The synergy model is viewed, which can be efficient with the use of outsourcing system. Practical value: Measures are proposed which can help when solving the problem of state regulation and support of small and middle entrepreneurship subjects.
90-94 165
Abstract
Objective: to specify and develop approaches to estimation of the cost of an enterprise own capital invested into the realization of investment projects, with the account of financial risks. Methods: logical analysis and synthesis, statistical analysis, method of pairwise comparison. Results: The concept was formulated and formalized referring to estimating the cost of the enterprise own capital used for investment project. The approaches were specified to define the cost of the enterprise own capital. The method was proposed to define the value of correcting the alternative profitability, if the viewed investment project differs by the financial risk level. Scientific novelty: The new method was proposed to define the value of correcting the alternative profitability, based on the quantitative estimation of financial risk credit by the credit establishments, under the certain investment decision. Practical value: The possibility to increase the reliability of estimation of the enterprise own capital, as well as validity of decisions referring to the selection and structure of investment projects financing.
95-99 129
Abstract
Objective: to elaborate methods of increasing efficiency and results of public purchases in Russian public auctions. Methods: systemic analysis, statistical and abstract-logical methods. Results: Basing on the estimation of situation in the sphere of public purchases, made by the results of electronic auctions in the Russian Federation, it is proved that the current form of the reverse English auction is inefficient. The necessity is grounded to elaborate new designs of the auctions. Scientific novelty: Formed the list of the main reasons of inefficiency of public purchasing auctions in Russia; grounded the necessity to use other forms of auctions; made proposals to use Dutch auctions and sealed stakes auctions; conditions of their application are discussed. Practical value: Possibility to optimize the state management expenditures in Russia, to increase the quality of production purchased for state and municipal needs.
100-105 179
Abstract
Objective: basing on the complex estimation of social-economic development of monocities in Chuvash Republic, to reveal the main problems of the mono-profile character of Chuvash Republic cities and to define the ways of their solution. Methods: inductive and deductive methods. Results: The carried out estimation of social-economic development of monocities in Chuvash Republic showed the main problems of their social-economic development, such as the outflow of capable population, dependence on external environment and instability to injurious external effects. The article proposes ways of solving the problems of mono-profile character городовChuvash Republic. Scientific novelty: using of authoring in the research, i.e. using economic and social indicators when studying the social-economic trends, allowed to reveal the particular regional problems and propose the directions and resource possibilities of the monocities’ economy in Chuvash Republic. Practical value: the possibility to optimize the measures of state management of mono-profile cities in Chuvash Republic.

FINANCE, MONERTARY CIRCULATION AND CREDIT

106-112 161
Abstract
Objective: to research the inducements for improving tax control. Methods: historical, logical and statistical methods, deduction and induction methods, scientific abstraction. Results: Basing on the analysis of researches in finance and taxation, the author ground the provision that the succession of taxation elements, including tax administration, begins from the Ancient times. The tax administration and control methods have been improved depending on the level of statehood institutions development in each country. It is highlighted that only after state is formed, the taxes become a necessary and inherent tool of economic relations in the society anf the guarantee of the state stability. Scientific novelty: The author estimates the process of taxation systems forming, which bear a great similarity in their components (including the system of taxes and fees established by the state), during evolutionary development in different states; the methods and techniques of taxation; tax administration and control. The model is presented, which reveals the inducements and causes of taxation and tax administration improvement in various historical periods. Practical value: The research of rules and inducements of taxation systems changing gives opportunities for elaborating the specific directions of increasing the efficiency of tax control.

FINANCIAL LAW

113-117 147
Abstract
Objective: to research the novels of budget and administrative legislation in the sphere of state (municipal) financial control, which allows to increase the quality of state financial management. Methods: comparative-legal, logical and descriptive methods, as well as the method of systemic-structural analysis. Results: Comparative analysis is made of changes of budget legislation in the sphere of state and municipal financial control; the changes of administrative legislation concerning budget regulation are analyzed. Scientific novelty: Positive aspects of changes are revealed, which took place in 2013 and referred to the budget and administrative legislation concerning budget regulation state (municipal) financial control. Practical value: The research results can be used in law-making and law-enforcement practice, as well as for scientific research in the sphere of financial, budget and administrative law.

CIVIL LAW, BUSINESS LAW, FAMILY LAW, PRIVATE INTERNATIONAL LAW

118-125 121
Abstract
Objective: to reveal the main forms of public-law entities’ participation in the relations associated with insider information. Methods: abstraction, analysis, synthesis, induction, dialectical, formally logical, comparative legal method, method of interdisciplinary legal studies. Results: Basing on the studies, the grounds for the vesting of public-law entities with an "insider" status were selected and demarcated. The necessity was proved to broaden the scope of legislation on combating the unlawful use of insider information and to include the relations connected with the management of public debt. Theoretical and practical problems were identified associated with the consolidation of the insiders’ duties depending on the categories of entities. Scientific novelty: For the first time the theoretical and practical aspects were analyzed of legal regulation of relations connected with the granting of public-law entities with an "insider" status. Basic forms of participation of public-law entities as insiders were revealed. In accordance with the principle of unity and differentiation, the elements of the legal status common for all insiders were allocated and the differences in the consolidation of responsibilities were summarized. Practical value: The results of the study can be used in law-making and law-enforcement activities, as well as for scientific research in the field of civil, business and financial law.
126-130 159
Abstract
Objective: to explore the concept and importance of long-term contract in the country’s economy. Methods: the dialectical method of cognition, systematic and logical methods, method of analysis and synthesis. Results: The study of the legal nature of long-term contracts was carried out, the general direction of development of the Civil code of the Russian Federation was determined concerning regulating the issues related to long-term supply contracts. Scientific novelty: The conclusions of the legal nature of long-term contract were made, the possibilities of long-term contract for the development of modern national economy were revealed, the recommendations on the amending the Russian Civil code with norms on a long term contract. Practical value: The obtained results can be used for carrying out economic and legal research relating to economic development and entrepreneurship in the economic practice of long-term contracts, and for reading courses in the disciplines of "Civil law", "Business law", "Commercial law".
131-137 150
Abstract
Objective: to analyze the concept of legal modeling in the field of real estate circulation as a method of scientific research. Methods: abstract logic and method of comparative analysis. Results: The principles are proposed for the functioning of the legal system model of the real estate circulation; the author reveals approaches to the definition of "real estate object". Scientific novelty: The research of the content of the "real estate object" notion resulted in the classification of the legal model of the real estate circulation system; revealed the structure of the circulation mechanism, including legal procedure. Practical value: The approaches were developed to define the individual elements of the legal model of real estate circulation system; the conclusion is made that the concept of "legal model" differs from the related categories. Such a notion, in all cases, has the function of legal modeling and is instrumental in nature.
138-142 217
Abstract
Objective: to analyze and compare the legal categories “enterprise” and “common immovable complex” as “complex” objects of civil rights in the comparative aspect. Methods: the formal-logical and comparative methods of research. Results: The general and specific characteristics of an enterprise and a single real estate complex are revealed. The author gives a definition of the legal category “enterprise” and concludes that the applying the real estate legal regime to these complex objects is the simplification of their civil circulation. Scientific novelty: The author distinguishes the criteria for distinguishing such categories as “enterprise” and “common immovable complex”. Practical value: The results of scientific research can be used in law-making and practical activities, as well as for scientific research in the sphere of civil law.
143-148 177
Abstract
Objective: to define the systems of legal regulation of commercial congcession (franchising) in the world practice. To reveal the features of commercial concession regulation in Russia. To analyze the changes of civil law regulating the institution of commercial concession and reveal the trends of its development under the legal reform. Methods: The general methodological basis of research is the general scientific (dialectic) method of cognition, the comparative-legal, logical methods, which allowed to study the problems of civil legislation development in the sphere of commercial concession. Results: The analysis of civil legislation allowed to reveal the directions of its development and improvement in the sphere of commercial concession. On the example of comparative analysis of foreign practice of commercial concession regulation, the trends of the Russian civil legislation development are shown. Special attention is paid to the changes in Chapter 54 of the Russian Civil Code under civil legislation reform. Scientific novelty: Scientific research is carried out of the system of commercial concession (franchising) legal regulation abroad; the trends of changing the Russian civil legislation in the sphere of commercial concession are analyzed. Practical value: The oretical provisions formulate in the article can be useful to define the efficiency of the civil legislation referring to the contract regulation of commercial concession, can be used in law-enforcement practice and in the study course “Civil Law”.

INTERNATIONAL LAW, EUROPEAN LAW

149-157 136
Abstract
Objective: to comprehensively show the process of implementing the right for just payment for work, expressed in the European Social Charter, in the Russian law and law of some European countries. Methods: comparative-legal method of research. Results: During the research, based on comparative-legal analysis of the sources of international regional law of the European Union, Council of Europe and precedent practice of the European Committee on social rights and the European Union courts, the author studied the process of implementing the norms of the European Social Charter. Scientific novelty: The article for the first time presents a deep comparative-legal analysis of the norms of internal labor law of Russia and some European countries for their correspondence to the norms of the European Social Charter and the requirements of the European Committee on social rights in the part of implementation of citizens’ rights for just payment, able to provide a decent living standard for them and their families. Particular drawbacks of the European and Russian labor laws are revealed, ways to improve them are proposed. Practical value: the provisions formulated in the research, as well as the results of the comparative-legal analysis of the norms of internal labor law of the Russian Federation and the considered European countries concerning the Charter norms, can be used in scientific, law-making and law-enforcement practice in Russia. The obtained results can be used to eliminate the revealed drawbacks in implementing the citizens’ rights for just payment in the Russian national legislation, as well as for progressive moving towards European law.

CONSTITUTIONAL LAW, MUNICIPAL LAW

158-164 179
Abstract
Objective: to determine the degree of influence of the party system on the powers separation by using analysis of implementation of authorizing parliamentary control in the countries with different governmental forms (presidential, mixed, parliamentary republic, parliamentary monarchy). Methods: historical, comparative, formal-legal and statistical methods. Results: Basing on the study of legal and factual sides of parliamentary control in the Federal Republic of Germany (parliamentary republic), the United Kingdom of Great Britain and Northern Ireland (parliamentary monarchy), the Republic of Italy (parliamentary republic), the United States (presidential republic), Republic of Korea (presidential republic), Lithuania (mixed republic), the author proves the existence of large distortion in the power separation in practice. Scientific novelty: It is revealed that mechanisms of interaction between parliaments and governments in the so-called leading democracies differ from those provided for in their Constitutions. In particular, though there are constitutional norms of the government responsibility in parliamentary republics, monarchies, and mixed republics, as well as the impeachment of the President in presidential republics, these institutions are actually never applied in practice. Primarily, this is due to the fact that the ruling parties, especially in parliamentary countries with a stable party system, actually belong to both legislative and executive powers, which significantly distorts the legally enshrined separation of powers (for example, in the UK, Germany). In the countries with underdeveloped or unstable party system (Republic of Korea, Lithuania), on the contrary, the probability of the authorizing parliamentary control increases, especially if the President loses the support of the parliamentary majority. Practical value: The ability to optimize public administration in Russia.
165-170 151
Abstract
Objective: to define the oretical-legal aspect of state service in the Russian Federation subjects. Methods: cognitive approach to cognition of the essence of state service. Results: Basing on the analysis of normative-legal acts, the basic sense of the legal aspect of state service is studied; the key positions of efficient service functioning are viewed, as well as the summarized requirements to the state authorities’ apparatus. Scientific novelty: the article for the first time proposes solutions of the following tasks: implementation of the Constitution and laws of the Russian Federation and its subjects; ensuring national security taking into account the interests of the regions, state sovereignty, economic independence, spiritual-moral identity of nations; legal regulation of activity based on special legislation as a unity of legal norms, rules and procedures, concerning the relations connected with state service organization. Practical value: The main provisions and conclusions of the article can be used in scientific and educational activity when viewing issues of the essence and trends of Constitutional Law development.

CRIMINAL LAW AND CRIMINOLOGY; СRIMINAL PROCESS LAW

171-177 170
Abstract
Objective: to study victimological aspects of the crimes committed against legal persons; to formulate scientific problems associated with victimological characteristic of legal entities and to develop ways of solving them; to study the experience of foreign countries, exploring victimological aspects of legal entities; to define corporate victimology factors of legal persons. Methods: the dialectical method of cognition. Results: basing on the evaluation of opinions of various scholars and the analysis of the Russian and foreign legislation, the approach was proposed to study the victimological characteristics of legal persons. Scientific novelty: certain institutions were identified as individual objects of victimological impact, which differ from personal characteristics of the individual victims, who are not covered by previous victimological research. Practical value: conclusions and suggestions, as well as the results of the study, can be used in legislative activity on legislation improvement aimed at combating crimes committed against legal persons, the improvement of the prevention system of crimes committed against legal persons, in particular, the organization of victimological prevention of these crimes.
178-185 253
Abstract
Objective: to elaborate and theoretically ground the definition of public control in the sphere of corruption counteraction as a legal category. Methods: dialectic method of cognition. Results: Basing on the structural analysis of legal definitions of public control, formulated in the federal and regional legislation of the Russian Federation, as well as in scientific and reference literature, the new definition of public control in the sphere of corruption counteraction as a type of professional activity is proposed. Scientific novelty: The new interpretation of scientific and legal category “public control in the sphere of corruption counteraction” is proposed. Practical value: The elaborated scientific category of public control in the sphere of corruption counteraction allows to reveal the content of this type of activity and may promote further research.
186-196 157
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 "Changing sentences basing on the research  of mathematical functions of criminal punishment  (on the example of the USA)", written by Sergey Gennadievich 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: Public and private law. 2014. No. III. pp. 89-106. (http://elibrary.ru/item.asp?id=22658672) entitled "MATHEMATICAL MODELS OF CRIMINAL PUNISHMENT IN THE HISTORY OF HUMANITY (ON THE EXAMPLE OF THE USA)" .

Article by S.G. Ol'kov "Changing sentences basing on the research  of mathematical functions of criminal punishment  (on the example of the USA)", published in the scientific journal "Actual problems of economics and law". 2014. No. 3 (31). pp. 186-196. Retracted with the consent of the author, editor-in-chief and publisher.

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

 

197-206 229
Abstract
Objective: to determine whether anti-corruption expertise is an independent kind of expertise of normative legal acts or belongs to some type of expertise of normative legal acts. On the basis of the conducted analysis, to formulate a definition of anti-corruption expertise. Methods: comparative-legal method of research. Results: On the basis of the conducted analysis of the similar and different features of criminological, legal and anti-corruption expertise, the anti-corruption expertise is defined, according to which anti-corruption expertise is a form of criminological examination which uses the methods of legal expertise. Scientific novelty: In the article for the first time the legal, anti-corruption and criminological expertise is systematically analyzed as the expertise of normative legal acts according to the following criteria: subject, object, method, purpose, provisions for the mandatory examination, recording of results. It was found that the specification of expertise regulations should be carried out according to the criterion "the purpose of expertise”. The study allowed to identify the features of criminological and legal expertise in anti-corruption expertise of normative legal acts. Practical value: The formulated theoretical determination of anti-corruption expertise as a synthesis of criminological and the legal expertise allows to use the existing theoretical and practical experience of organizing and conducting criminological and legal expertise to improve the organization and conduct of anti-corruption expertise. The theoretical provisions can be used in scientific, legislative and enforcement activities, in the educational process of higher educational institutions of legal profile for improving the skills of practitioners and scientific-pedagogical personnel in the sphere of combating corruption.

CRIMINAL PROCEDURE; CRIMINALISTICS

207-213 142
Abstract
Objective: basing on comprehensive legal and linguistic techniques, to analyze the questionnaires in cases of criminal communities, for compliance to part 8 of Article 339 of the Russian Criminal-Procedural Code, referring to comprehensibility of the questions for the jurors. Methods: the study was conducted using the combined method, which included the formal-legal and legal-technical methods, traditional legal science, and the theory of speech acts and special linguistic methodology "logical analysis of the language". Results: The analysis of the questionnaires and judicial acts of the Supreme Court showed that, despite frequent complaints, arguments about the incomprehensibility and bulkiness of the analyzed questionnaires, they are in most cases recognized as unreasonable. This is due to the extensive list of the questionnaires and complexity of the issues, due to the volume of the sustained charges and is not in itself an evidence of the violation of part 8 of Article339 of the Criminal-Procedural Code. Scientific novelty: A questionnaire, being a specific legal document, oriented on a citizen (juror) and compiled taking into account the division of the professional judge and jury’s competences, is of the common language nature. The study showed that legal assessment is most effective with professional (not amateur) combination of research methods from different scientific fields - law and linguistics. Practical value: Answering the arguments of the complaints about the incomprehensibility and volume of cases studied by the jury, judges of the Supreme Court of the Russian Federation estimate of questionnaires from the perspective of their own linguistic competence, i.e., the amateur, from the point of view of linguists, level and almost always intuitively. The authors' recommendations can help the presiding judge, who poses the questions to the jury, and will allow superior judges to give a more professional and well-reasoned legal and linguistic evaluation of the analyzed questionnaires. The convenience of our findings lies in the fact that they are succinctly formulated in the form of additions to the decree of the Russian Federation Supreme Court Plenum no. 23 of November 22, 2005 "On application by courts of the norms of the Criminal Procedural Code of the Russian Federation, regulatory legal proceedings with the participation of jurors" (about the interpretation and application of part 8 of Article 339 of the Criminal Procedural Code of the Russian Federation).
214-227 148
Abstract
Objective: to improve the efficiency of operational-investigative activity of internal affairs bodies to undermine the economic foundations of organized criminal groups. Methods: the dialectical method of cognition. Results: Basing on the evaluation of opinions of various scholars in the studied area, as well as foreign and domestic experience, the necessity is proved to implement operative-investigative activities in order to undermine the economic foundations of organized criminal groups. Scientific novelty: The identification of new problems of implementation of operative-investigative activity of internal affairs bodies to undermine the economic foundations of organized criminal groups; the necessity of the implementation is proved and the conditions for the implementation are grounded of operative-investigative activity of internal affairs bodies to undermine the economic foundations of organized criminal groups. Practical value: The possibility of improving the operational-investigation activity to undermine the economic foundations of organized crime

ADMINISTRATIVE LAW, FINANCE LAW, INFORMATION LAW

228-234 183
Abstract
Objective: to examine measures of administrative coercion applied to the media; to justify the need for changes to Articles 4 and 16 of the Law on mass media. Methods: the method of structural analysis, comparative-legal and formal legal methods. Results: The grounds for issuing warnings to mass media editorial offices are researched; the uneven category of abuse of freedom of mass information is reviewed; the legal nature of a written warning to the mass media editorial offices is analyzed; bases of the termination of the media are listed; impropriety of the terms of Articles 4 and 16 of the Law on mass media is revealed. Scientific novelty: The author analyzes the legal nature of a written warning to the mass media editorial offices on the fact of abuse of mass media freedom; it is proved that this measure is administrative-preclusive (however, it is not considered by officials as the measure of administrative punishment). It is revealed that for the second abuse of mass information freedom media shall be subject to termination in contradiction with the current version of Article 16. In contradiction with the generally accepted norms, a more severe measure is imposed, in particular, when the editorial office has met the requirements set out in the warning. Practical value: The study can contribute to streamlining the regulation of administrative coercive measures applicable to the mass media editorial offices, both judicial and extrajudicial. In addition, certain provisions may be useful in further scientific research.


ISSN 2782-2923 (Print)