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Russian Journal of Economics and Law

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No 4 (2014)

THE DIALECTICS OF ANTI-CORRUPTION

5-14 178
Abstract
Objective: to research the scale, segment directions, genre and technical diversity of the demanded social-communicative technologies in the process of anticorruption policy implementation. Method: social-communicative method, based on the research of authority and communications phenomenon studied in the works by N. Luhmann and J. Habermas. Results: Basing on sociological data of international, federal and regional research, the authors state the population dissatisfaction with the results of anticorruption policy of the state, the demand for transition from declaration of the principle of authorities’ transparency to the open data and to broadening the social corruption counteraction initiated by the citizens. Scientific novelty: the main status subjects and objects in the field of corruption crimes and anticorruption policy are defined; the efficiency is analyzed of various forms of communicative technologies initiated by the authorities and the civil society. Practical value: to solve the revealed problems in the sphere of informative-media provision of anticorruption measures, it is proposed to implement integrative communicative technologies to prevent and eliminate the corruptive factors and circumstances.
15-19 167
Abstract
Objective: to determine the possibility of anti-corruption interaction of parents as subjects of educational process with teachers of educational institutions in the light of the implementation of the Federal State Educational Standards for Compulsory Education. Methods: the oretical: analysis of the practice of psycho-pedagogical interaction of educational process participants, summarizing of facts; empirical: interview, questionnaire, survey. Results: basing on the analysis of the requirements of the Federal State Educational Standard on comprehensive development and upbringing of the child's personality, opportunities to involve parents into the educational process, the techniques are proposed to struggle against corruption in educational sphere; the conclusion is made about the inconsistency between the requirements of the Federal State Educational Standard on comprehensive development and upbringing of the child's personality and the possibilities of educational establishments to provide conditions for such development. Scientific novelty: the authors identified apparent contradictions between the educational goals of the educational process and combating corruption in the educational environment. In educational activities, preference is often given to achieving the goals of anti-corruption activities, which is optional, and not the main educational function. The contradiction is vivid between education as purposeful teaching process and managing the educational activity. Practical value: the main provisions and conclusions of the article may be used in scientific and educational activity when viewing the issues of anti-corruption campaigns in educational sphere.
20-25 332
Abstract
Objective: to develop and offer theoretical and practical substantiation of simulation technologies expediency in the study of professionally-oriented language by law faculty students in the context of anti-corruption notions formation. Methods: theoretical analysis and synthesis of legal, pedagogical and lingvo-didactic literature, methods of teaching foreign language for special purposes; content analysis; modeling; empirical method. Results: The dominant purpose of higher professional education at the present stage is the development of communicative abilities of the student, leading him to a competent professional cross-language contact. The sectoral nature of the university must be objectively reflected in the content of teaching foreign languages. The article views the most efficient process of teaching a foreign language based on imitational modelling. It is shown that role play contributes to the balanced development of the professional foreign language communicative competence and skills for effective design of collective cooperation to solve practical problems. Scientific novelty: For the first time an attempt is made to carry out anti-corruption propaganda in the study of professionally-oriented foreign language material through the implementation of role models “purchase cycle - corruption risks". Practical value: The revealed features of learning space organization can improve the quality of professional foreign language training of students in non-linguistic universities. The prognostic potential of the study is determined by the fact that its results can be used for practical foreign language teaching for the students of law faculties.
26-33 146
Abstract
Objective: to develop a model mechanism of choosing a personal or social identity, and on its basis to analyze the psychological prerequisites of corruption on the example of educational reform. Methods: the provisions of probabilistic philosophy by V. V. Nalimov; provisions of synergy on self-organizing systems; authors’ method of psychosocial dissonance, the model of interaction mechanism. Results: basing on the developed model mechanism of choosing the personal or social identity, it is shown that corruption is associated with the personal identity of the official whose private interests prevail over the public ones (and often are opposite to them), despite the fact that their public position implies social identity and social (public) consciousness. Scientific novelty: basing on the author's methods and models, which have scientific novelty, the article for the first time investigated the role of personal and social identity as a prerequisite for the corruption occurrence. Practical significance: the main points and conclusions of the article can be used in scientific and pedagogical (educational) activities in addressing the issues of corruption and society development, and in corruption crimes prevention.
34-41 207
Abstract
Objective: to show the significance of scientific approach in legislative provision of corruption counteraction. Methods: dialectic method of cognition with systemic approach (analysis). Results: Basing on the results of critical analysis of the Russian anti-corruption legislation and practice, the provisions on legislative risks are formulated. The obtained knowledge is useful for law-making and practical activity in the sphere of corruption counteraction. The author argumentatively proves the necessity to implement the scientific principle in law-making technique, which allows to predict and minimize law-making risks and thus optimize the regulative management system of corruption counteraction. Scientific novelty: realizing the strategy of corruption counteraction as an important idea for law-making and practical activity of state management system, as well as the necessity for the corruption counteraction subjects to use the scientific principle, to predict and minimize the law-making risks. Practical value: The author proposes ideas of corruption counteraction optimization on the basis of scientifically elaborated programs and plans, taking into account the actual possibilities and professional prudence, excluding political ambitions.
42-51 273
Abstract
Objective: to elaborate and propose the theoretically grounded definition of anti-corruption education as a legal category. Methods: dialectic method of cognition. Results: The article presents structural analysis of legal and scientific definitions of anti-corruption education, formulated in the regional legislation of the Russian Federation, as well as in the scientific and reference literature; the objects and subjects of anti-corruption education are defined, as well as means of information anti-corruption impact. Scientific novelty: Basing on the research, the new variant of the scientific and legal category “legal education” is proposed. It significantly differs from the previous definitions and discloses its content. Practical value: The elaborated scientific category of anti-corruption education allows to disclose the content of this activity and may promote further research.
52-60 258
Abstract
Objective: to reveal the main administrative barriers of the Russian economy, occurring in economic activity, to evaluate their interdependence with corruption and elaboration of counter measures. Method: abstract-logic. Results: It is proved that the methods of struggle against administrative barriers, existing in our country, do not significantly improve the condition of Russian organizations. The notion of “administrative barrier” is given. The sectors having the most of these barriers are listed. The current condition in the sphere of administrative barriers regulation is described, their interaction with corruption is shown. The author proposes measures in this field. Scientific novelty: the new detailed measures are proposed for overcoming the administrative barriers in the Russian economy. The mechanism of struggle against corruptive officials is elaborated. Practical value: The result should be to clear the Russian economy from majority of administrative barriers, to see new firms in the market, to activate competition and reduce the cost of their services.
61-66 236
Abstract
Objective: to analyze and compare the social-demographic and criminal-legal features of personality of a criminal, who committed commercial subornation and personality of a criminal, who committed crimes specified in Art. 290, 291 of the Russian Criminal Code. Methods: dialectic methods of cognition of social phenomena and processes, methods of systemic analysis and synthesis. Results: When comparing the personalities of those convicted for commercial subornation and for giving and taking bribes, such common features were revealed as social-demographic, moral-psychological and criminal-legal ones. The study of personality features of corruption criminals convicted for commercial subornation and for bribery gives prerequisites for purposeful study of such persons, in order to reveal such features which would serve as a reliable indicator of the risk of committing this crime by the person. Scientific novelty: The author for the first time compared the social-demographic features of personality of a criminal who committed commercial subornation and personality of a criminal, who committed crimes specified in Art. 290, 291 of the Russian Criminal Code, thus revealing the common characteristic criminologically significant features of the persons of this category. Practical value: Basing on the obtained conclusions, theoretical provisions are formulated, which broaden the existing scientific knowledge about the personality of these categories of criminals. These provisions can promote further scientific research of the personalities of criminals who committed commercial subornation and of those convicted for giving and taking bribes.
67-75 204
Abstract
Objective: to give answers to the topical issues of corruption counteraction. Methods: the methodological basis of research is the overall dialectic method of cognition, as well as general scientific, special and private methods of research. Results: basing on the analysis and summarizing of results of investigative-court practice, legislation provisions and criminal law doctrine, the features of the following are shown а) defining the object and revealing the subjective signs of bribery; б) stating the fact of bribe extortion, promising/offering mediation in bribery. Scientific novelty: The answers have been found for the topical questions of corruption counteraction, for instance, at criminal-legal level - to establish property deprivation as a punishment and a means of criminal-procedural pressure. Practical value: The results of the carried out research can be used in scientific, law-making and law-enforcement activity, in the educational process of juridical universities and faculties.
76-82 192
Abstract
Objective: to show the means of legal uncertainty creating based on the drawbacks of legislation at the stage of applying for auctions for state and municipal purchases, and to propose ways to solve the stated problem by changing the existing legal regulation. Methods: common dialectical-materialistic method, allow in to reveal the interdependence of the discretion of authorities when distributing the budget; the methods of analysis, induction, comparison and statistics. Results: legislation provisions are shown, which ensure the methods of making the state order market close for entrepreneurs deprived from illegal distribution of the budget; proposals for the legislation changing are formulated. Scientific novelty: The means of creating unequal conditions for the state and municipal purchases are defined (as revelation of corruptive factors of the legislation on public auctions), as well as the measures for their elimination. Practical value: proposals are formulated for improving the existing legal regulation.
83-89 180
Abstract
Objective: to investigate corruption as a social phenomenon from the point of view of human existence in the mode “to be” and in the mode “to have”, basing on the philosophical concept of E. Fromm. Methods: Dialectical method of social phenomena cognition made it possible to analyze corruption in contemporary social and cultural landscape; the phenomenological method has contributed to stating the differences between the human existence in the mode “to be” and in the mode “to have”, in their specific revelations; comparative analysis was used to compare the opposite forms of the human existence. Results: the analysis of the situation in a corrupt society showed the transformations of the social, associated with human existence. Basing on the E. Fromm concept, we introduced the concept of "homo having" and "homo being". Both types were investigated from the positions of the mental level of perception, knowledge, relations with power, understanding of the status, forms and quality of leisure, the sacral sphere. The analysis of the mentioned parameters showed that “homo having” is more apt to corruption. Scientific novelty: for the first time in the article, basing on the concept of E. Fromm, a person in the mode “to be” and in the mode “to have” was studied from the point of view of corruption. It is proved that “homo having” cultivates the corrupt practices. Practical value: the main points and conclusions of the article can be used in scientific, educational and practical activities in the review and analysis of the social transformations taking place in modern times, including from the point of view of corrupt practices.
90-96 207
Abstract
Objective: to view the existing and new mechanisms of corruption counteraction in the sphere of tax control. Methods: logical and statistical method, deduction and induction, scientific abstraction. Results: basing on the analysis of institutions of corruption and tax control, represented in the works of the Russian and foreign specialists, the author grounds the provision that successful corruption counteraction can be achieved only by mutual efforts of state and non-state controlling bodies within the frameworks of state-private partnership. Scientific novelty: Basing on the provision that the actual corruption counteraction is possible only with the participation of institutions and organizations of civil society, the author proposes ways of improving tax control connecting the advantages of state tax control and possibilities of non-state controlling bodies. For the first time the model of tax control institution participation in corruption counteraction is proposed. Practical value: possibility to increase the efficiency of tax mechanism of corruption counteraction by attracting auditor and consulting organizations to tax control.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

97-102 165
Abstract
Objective: to justify the need for extensive use of innovative institutions, particularly intellectual property, to enhance the development of the innovation system. Methods: a systematic method of analysis and synthesis, dialectical, historical and logical methods, situational analysis and empirical generalizations, as well as the method of scenario planning of innovative entrepreneurship in Tatarstan Republic. Results: It has been proved that the innovative transformation of the economy requires an increase in the state support of innovative institutions and related institutional environment infrastructure of innovative economy. The priority directions of the Republic of Tatarstan economy innovative development are analyzed. The directions of innovative opportunities in Russia are identified, namely, the use of the potential of the new development institutions: the intellectual property and the venture capital. Scientific novelty: the necessity is stated of the development of the strategy (as a priority), institutions and mechanisms for the use of intellectual property on the basis of public-private partnership to accelerate the development of the sixth technological setup in Russia. It is argued that under the complex transformational processes it is vitally important to elaborate and implement a long-term state strategy aimed at the large-scale use of the domestic intellectual property. On the basis of the conducted research and processing of empirical data, the conclusion is made about the implementation of innovative scenario of Tatarstan economic development; the forecast has been made on increasing of the innovative products share in gross regional product in 2013-2017. Practical value: the possibility to use the author's recommendations for strengthening the innovative institutions and infrastructure of the Russian economy, the restructuring of its institutional environment, the use of special development institutions, especially the institution of intellectual property to activate all possibilities of the national innovative system.
103-108 177
Abstract
Objective: to elaborate the system of measures to increase competitiveness of the Russian agricultural complex under Russia’s joining the WTO. Methods: analysis and synthesis, program-objective method. Results: the system of measures to increase competitiveness of the Russian agricultural complex under Russia’s joining the WTO is elaborated; recommendations are given to adapt the agricultural complex to new conditions. Scientific novelty: Advantages, disadvantages, threats and risks in the Russian agricultural complex under WTO are systematized. Analysis is carried out of the influence of new economic conditions on the aggravation of internal problems in the Russian agricultural complex. Practical value: Recommendations are given to make changes in the State program of agricultural development and agricultural raw materials and food market regulation in 2013-2020.
109-115 198
Abstract
Objective: to evaluate the effectiveness of innovative development of the enterprise, taking into account ecology aspect. Methods: historical and abstract logic methods. Results: Basing on the analysis of existing methodologies for assessing the effectiveness of innovative development, the criteria are defined, necessary for the selection of outcome indicators of innovative activity of the enterprise. To assess the efficiency of innovative development with ecology aspect, the author has elaborated an innovative indicator and proposed its staged calculation method. Scientific novelty: The paper proposes a calculation methodology for innovative development efficiency of an enterprise through innovation indicator, taking into account ecology aspect. Practical value: The main points and conclusions of the article can be used in scientific and practical activities when making decisions about the effectiveness of the innovation development of an enterprise.
116-125 156
Abstract
Objective: to estimate the long-term development of Czech Republic after its joining the Europeоn Union (in 2004-2013), in the aspect of foreign capital and quality of entrepreneurship environment in the best developed region - Prague. Methods: macroeconomic development is viewed with the model of K. Schiller - N. Kaldor “magic” quadrangle. To evaluate the quality of entrepreneurial environment, the regression analysis of time series was used. The article uses the data of the Czech Statistical Agency ČSÚ, the European Union Statistics Agency Eurostat and the World Bank report Doing Business 2004-2014. TheregionaldataarepresentedwithЕСNUTS2technique. Results: The Czech Republic as one of the most developed economies of Central and Eastern Europe is ahead in terms of economic indicators of the average value for the EU and its new member states. The long-term problems of the country include the budget deficit and the consequences of the 2012-2013 recession. Compared with other capitals of the new EU member states, Prague is a successful city from the point of view of the investment climate, without considering a number of deficit budgets in recent years. Scientific novelty: The article analyzes the development of the Czech economy with the main macroeconomic indicators, as well as the investment attractiveness and competitiveness of Prague. This article, according to the author, is the first research on this topic published in Russian. Practical value: The possibility to better understand the Central and Eastern European economy on the example of the Czech Republic economy.
126-132 153
Abstract
Objective: to view the factors of regional differences in national Russian households' well-being and analyze the consequences of these differences in the context of their economic inequality Methods: method of comparative analysis, functional and historical-logical methods. Results: The notions “well-being” and “prosperity” are analyzed from the point of view of their content. From the point of view of the essence of well-being, the regional differences in the level of households' well-being in several Russian regions are viewed (basing on statistics of the Russian Statistics Agency for 2012-2014). The analysis of differences allowed to make conclusions about their causes, conditions of occurrence and sustainable reproduction as factors of economic inequality of national households. The drawbacks of “prosperity” indicator make it necessary to use one more qualitative indicator in economic analysis, i.e. “well-being”. Households' well-being is determined by their conditions and sources, which are deeply differentiated by the country regions. That is why the Russian households are objectively and subjectively limited in achieving the level of well-being which they strive to achieve. Scientific novelty: The conclusions of theoretical analysis can be used by the regional and federal executive bodies to plan social-economic development of the territory as a space for implementing the economic potential of households functioning in these economic and social coordinates. Practical value: The theoretical conclusions can be used to increase the level of households' potential realization, by regional and federal authorities managing the social-economic development in the middle and long term.
133-140 190
Abstract
Objective: to prove the necessity and directions of the state program of ecological literacy of the Russian regions' population as a priority step of ecological-economic development of the RF regions and an essential condition of the living standard growth and the state security provision. Methods: historic approach, synthesis of neoinstitutionalism and ontopsychology theories to obtain synergetic effects in economy (the content and conditions of ecological-economic development of the RF regions were defined); philosophic method of cognition of a region as an object of management; factor analysis methods. Results: Basing on the theories of institutional matrices and institutional changes, the priorities and directions were grounded of the Russian economy model transition to the model of sustainable national institutional matrix (as a program of ecological literacy of the population) in order to ensure the Russian economy model transition from the traditional market economy to the sustainable economy model. The main result is the state program of ecological literacy of the population as the first stage of the state strategic management of the region connected with the transformation of the ideological component of the country's national institutional matrix with the even transformation of political and economic formal and informal “rules of the game”, corresponding to the needs of ecological-economic development. Scientific novelty: The content, directions and priorities of the national institutional matrix transformation are defined for the sustainable economy model and ensuring the ecological-economic safety; the content of the state program of ecological literacy of the population is elaborated and grounded, which would ensure ecological-economic development in the triad “growth-change-improvement”, in order to obtain social, economic and ecological results, to make up a “road map” for the program of ecological literacy. Practical significance: Using the institutional changes theory to relate the ideological, economic and political components of the national institutional matrix to the paradigm of sustainable economy allowed to ground the priority of the ecological literacy program when implementing the techniques and methods of state strategic management of a region. This is shown on the example of solid domestic waste circulation system, the strategy of the Russian regions' social-economic development, including the ecological component, which is expressed in living standards and safety improvement, including ecological-economic.
141-146 184
Abstract
Objective: to develop tools to improve the competitiveness of educational institutions. Methods: dialectical method, abstract logic method and method of observation. Results: On the basis of statistical data and observations in the sphere of education it was stated that an educational consortium can serve as a mechanism for building and effective development of inter-regional and international communication between business, educational institutions and consumers, which will help to optimize the process of interaction and achieve the maximal socio-economic benefits from the activities of its participants. Scientific novelty: the fundamental vectors of the international activities development of educational institutions are indicated; the tools for increasing the educational institutions competitiveness are proposed. Practical value: possibility to implement the developed innovative mechanisms to reduce transaction costs in the education sector and to obtain additional socio-economic effect.
147-152 177
Abstract
Objective: to show the overall state of sugar-producing sector in Tatarstan Republic and elaborate approaches to increase efficiency of the sugar plants in the Republic. Methods: mathematical and comparative analysis, economical-statistical methods, as well the method of Launhardt location triangle. Results: The article gives the general evaluation of sugar-producing sector of Tatarstan Republic, and gives practical recommendations for increasing the sugar plants efficiency. Scientific novelty: using the Launhardt location triangle to determine the raw material zones of sugar plants. Practical value: The practical implementation of the recommendations listed in the article will allow to significantly (by 30-70 %) increase the profitability of sugar plants, and provide conditions for their further development.
153-160 213
Abstract
Objective: to assess the influence of regional development institutions on the economy of the Russian regions. Methods: correlation analysis. Results: the dynamics of forming and features of territorial distribution of th regional development institutions in Russia are studied. The Russian subjects are revealed which are leading by the number of development institutions and the volume of funds attracted by them into the economy. The efficiency of the regional development institutions is defined by their influence on economic growth on federal districts and in Russia as a whole. Scientific novelty: The integral influence of all regional, as well as particular regional development institutions is defined (regional funds for SME extension, regional venture funds, development corporations, mortgage, special economic zones in the regional economies in Russia by federal districts. Practical value: The research results on evaluating the efficiency of the regional development institutions can be used by executive authorities for making efficient managerial decisions in the sphere of investment activity at regional level.
161-169 173
Abstract
Objective: to carry out a comprehensive analysis of the condition and struture of assets in the North-Caucasus federal district, to formulate the main problems of their reproduction to improve the business climate in the region and ensure the growth of the production and investment efficiency of the Russian enterprises, as well as their attraction for the investors. Methods: horizontal (temporal) analysis - comparing of each reporting item with that of the previous period; vertical (structural) analysis - determining the structure of the final results to reveal the influence of each reporting item on the final result; trend analysis - comparing of each reporting item with a number of preceding periods and determining the trend, i.e. the main direction of the indicator’s dynamics, freed from incidental influences and individual features of particular periods. Results: The study of the assets reproduction process, based on market principles in the North-Caucasus federal district, stated that the modern condition of the Russian economy’s production potential is characterized by a significant obsolescence and physical deterioration. At the same time we can not the multidirectional dynamics of such indicators as assets investments in various regions of the district, assets investment per capital, assets investment structure, level of assets deterioration, etc. This leads to the increase of the share of enterprises and products unable to compete with import analogs. Scientific novelty: The article proposes various innovative-investment measures for assets reproduction in the North-Caucasus federal district. Besides the traditional measures (tax remissions, subsidies, state guarantees, premises rent, credits to small business, grants, etc.), we propose to create regional and international development institution, such as investment funds, regional guarantee funds, development corporations, venture funds, etc. For investment diversification we propose, alongside with Investment Fund resources utilization, to attract investment consultants and implement the investment crowdfunding, reflecting the features of investment in the North-Caucasus federal district. The mechanism, which is able to increase the assets reproduction in the North-Caucasus federal district basing on the existing resources and potential, is the institutional space for science, education, business and consumers interaction. The creation of such institutional spaces is stated in the Strategy of Development of the North-Caucasus federal district up to 2025, adopted in 2012 , which is based on business and authorities interaction. Its key projects are the successfully functioning “Corporation for the North-Caucasus development” Public Corporation, “Resorts of the North-Caucasus” Public Corporation, “MRSK Holding” Public Corporation, etc. Practical value: The main provisions and conclusions of the article can be used for grounding and implementing the regional investment standard of each subject of the North-Caucasus federal district.
170-174 196
Abstract
Objective: to analyze the principles of transport infrastructure financing by infrastructure loan securities issue. Methods: analysis, synthesis, deduction, induction, ascent from the abstract to the specific, graphic and logical methods, modelling, formalization, visualization. Results: Basing on the draft Federal Law “On the features of infrastructure investment with infrastructure loan securities”, the pattern of transport infrastructure financing was designed. Various means of the infrastructure project implementation were proposed. The potential and lawful types of guarantees are presented, which increase the investors’ trust and reduce risks. The possibility is analyzed to implement the proposed pattern of financial provision of the state-significant projects in a particular region, taking into account the prerequisites, prospects and conditions of state-private partnership development programs. Scientific novelty: For the first time the article grounds the new solution of the problem of transport financing; a specific form of state-private partnership is proposed, taking into account the complex conditions and factors, never viewed before. Practical value: elaboration of the specific model of financial provision of transport infrastructure at the regional level. The authors propose amendments in the draft Federal Law “On the features of infrastructure investment with infrastructure loan securities”. The financing pattern and the amended normative-legal base will allow to broaden the list of financing tools by the qualified investors, such as non-state pension funds, insurance companies, etc. This will also strengthen the links between state and private capital and promote the qualitative economic development, gross regional product growth, gross national product growth, elimination of equipment deterioration, and socially-significant projects implementation. The main provisions of the article can be used inscientific research of the issues of financial provision of both repaying projects and the non-profit ones which do not generate positive monetary flow but have positive social and economic effect.
175-182 189
Abstract
Objective: Basing on the results of long-term researches of the authors, to reveal the principles of solving the most complex, important and disputable aspects, allowing to take a new view of the investment issue, which is often referred to, but is still poorly investigated. Methods: During research a complex of various methods was used, such as economic-mathematical methods of modelling and empirical analysis with statistical software STADIA, STATGRAPHICS, STATISTICA and SPSS. Besides, the Monte-Carlo method of investment risk estimation and Charlier probability distribution were used. Results: It was stated, the oretically proved and methodologically grounded that, despite the current opinion, the main parameters of the two hundred investment projects under research are normally distributed (Gauss Law), while the NPV does not follow this law. That is why the traditional methods cannot be used and should be substituted for the ones presented in the article. The reliability of the results is high due to the use the actual database of two hundred investment objects. Scientific novelty: grounding the non-standard, creative approach to investment projects evaluation and choosing the most effective option. Practical value: the owners, managers and employees of enterprises of various economic sectors may implement the new methods of analysis, and prediction of investment processes, which will promote the rational using of investment and increasing the production efficiency. The authors’ conclusions and proposals are unique and new, and their implementation can be practically useful due to the grounded attraction and rational use of investment, thus increasing the production efficiency.
183-189 213
Abstract
Objective: to determine the place and role of the cluster in the structure of the regional economy on the example of two leading regions of the Volga Federal district of the Russian Federation: the Nizhny Novgorod region and the Republic of Tatarstan. Methods: the dialectic cognition and systemic thinking, methods of analysis and synthesis of statistical information, classification, deduction, synergistic approach. Results: basing on the analysis of contemporary theoretical approaches to the creation of various territorial forms of production organization and the analyzed statistical information, the necessity to develop the cluster mechanism in the Russian Federation subjects is shown. The leading role of the regions as a factor of sustainable economic growth is justified. Comparative characteristics is given to the levels of production competitiveness, including for organizations functioning within clusters the Nizhny Novgorod region and the Republic of Tatarstan. Basing on the synthesized data from two Volga Federal district subjects, a SWOT analysis of the clusters competitiveness in the studied regions is carried out. Scientific novelty: the article formulates a new concept of a region in the framework of systemic approach and elaborates the concept of a cluster in accordance with market trends. The analysis of the strengths and weaknesses of cluster development on the territory of Nizhny Novgorod region and the Republic of Tatarstan is carried out, the opportunities and threats to the functioning of the regional cluster structures under the Russia's joining the WTO are identified. Practical significance: the summarized the oretical provisions and conclusions can be taken into account in the process of justification of the priority directions of cluster policy development in two Volga Federal district subjects to improve the overall level of competitiveness of the regional economic structure as part of the country’s economy.
190-195 175
Abstract
Objective: to the oretically ground the price-forming process under competition; to reveal the main faults of the price-forming process; to define the balance between the price policy of a trading enterprise and the quality, demand and average price for analogs. Methods: logical and comparative research methods. Results: the research is based on the fact that the price set for the product has both the internal and external value. The complexity of economic processes and the price-forming mechanism determines the fact that the time influences costs greatly, due to the changes in the level of costs determined by technologies improving, which leads to the cost reduction, and inflation of costs, leading to their growth. The article reveals the widely used principles of price forming - the price competitive strategy, the price damping strategy, and the price forming by “Prime cost plus profit” method. Scientific novelty: The main faults of the price-forming process are grouped, including: setting the price according to the market price, without calculating the true value of the product or service; the same profit margin for all products and services; ungrounded reduction of price; setting the same prices for all clients; wasting time for inefficient clients; setting the income, not profit as the objective of sales. In our opinion, due to the economic processes volatility, i.e. reductions and growths of consumer demand, the trading enterprises should pay more attention to maintaining the profitability of particular clients and operation, taking into account the changing demand of consumers and their sensibility to prices, as well as to develop better understanding of micro-economic factors influencing the sector and the counteragents’ business. We define the character of the fair price as the second order factor, i.e. the pricing policy of a trading enterprise should be oriented towards quality, demand and average price for analogs. Practical value: The proposed pricing mechanisms are aimed at price policy optimization and, consequently, profit increase. Though the observance of the proposed price-forming stages does not guarantee against losses, it can help avoid certain mistakes under the unstable market conditions.
196-205 218
Abstract
Objective: to ground the necessity to research and implement the principles of systemic dynamics and cybernetics in managerial activity and during a modern manager training; to, on the one hand, the strengths of systemic dynamics as a research method of the managed object behavior, and on the other hand - to reveal limitations for applicability of systemic dynamics; to list “false heuristics” in decision making. Methods: systemic modeling of managerial competence. Results: One of the main tools of procedural knowledge is systemic dynamics serving as a research method and method of complex systems management, characterized by non-linearity and feedback. Basing on the literature research, we have analyzed strengths and weaknesses of systemic dynamics application as a tool of complex systems modeling for managerial decisions making. Computer modeling systems are presented, which allow to research behavior of, for example, industrial-economic systems under market interaction and changing conjuncture. Scientific novelty: For the first time the systemic modeling method is used to research managerial competence with systemic dynamics methods, the features of systemic dynamics implementation are revealed both in forming a manager's competence and when decision making in professional sphere. The formed managerial competence as a system ensures not only efficient activity but self-development of a manager's competence. Practical significance: The systemic dynamics method is an efficient managerial tool for management and research of non-linear dynamic systems' behavior with feedback in economy and industry, such as delivery chains management, and industrial flow management.

WORLD ECONOMY

206-214 213
Abstract
Objective: basing on the study of multilateral trade negotiations of Doha Round in the integrity of their historical development, to reveal the contradictions, problems, and possible result of the negotiation process. Methods: analysis and synthesis, dialectic method, historical method, logical method, systemic analysis. Results: The main stages, condition and development of Doha Round of negotiations are viewed. The main problems are defined, as well as obstacles to economically beneficial outcome of the Doha Round, the positive and negative practice of international negotiations. The chronology and structure of Doha Round of international negotiations are presented. Scientific novelty: Economic conditions are revealed for the Russia's adaptation to development within World Trading System (WTS), as well as the problems of negotiation process in the structure of Doha Round,, which make up the theoretical basis for forming the program of the Russian economy adaptation for the integration into WTO. Practical significance: The research results can be used by the state authority bodies as a basis for elaborating and implementation of the strategy of the Russian economy adaptation for the integration into WTO.

FINANCE, MONERTARY CIRCULATION AND CREDIT

215-221 197
Abstract
Objective: to determine the position of the regional program budgets in the management of public (state and municipal) finance, by understanding of the Russian Federation subjects’ transition to the program budget and their systematization for use in budgeting. Methods: abstract-logical, dialectical, historical, comparative, economical analysis and synthesis. Results: The results of the implementation and evaluation of the targeted programs effectiveness in the Republic of Bashkortostan are reviewed; their composition, structure and funding sources are analyzed, as well as usage of funds and execution of the program indicators. The experience of the program budgets of the Russian Federation subjects is summarized, their shortcomings are discussed. The ways of their overcoming are proposed. Scientific novelty: The role of the regional budget in public finance management is researched. Practical value: The main points and conclusions of the article can be used in scientific and pedagogical activity when considering the program-objective formation of budgets of the Russian Federation subjects.

CIVIL LAW; HOUSING LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW

222-228 187
Abstract

RETRACTION:

Date:02.05.2022
Reason: Partial or full duplication of articles in the Actual Problems of Economics and Law Journal with previously published texts was detected. For example, an article was published in the Journal: 

  • Komarova L.R. On the criteria of differentiating liability for administrative breaches of law and undeliberate crimes // Aktual’niye problemy ekonomiki i prava, 2014, no. 4 (32), pp. 222–228 (https://www.elibrary.ru/item.asp?id=22586049).

 The article contains large extracts from the previously published article: 

  • Komarova, L. R. New approaches to the differentiation of responsibility in administrative and criminal law // Science and education: economy and economy; entrepreneurship; law and management. – 2014. – № 11(54). – С. 40-45.

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. The Editorial Board performed an internal investigation. The Editor-in-Chief and the Publisher made a decision to retract the article from elibrary.ru and the Journal website.

 

229-235 313
Abstract
Objective: to elaborate the complex scientific idea of inter-sectoral links in civil, land and town-planning law in the sphere of regulation the relations in real estate objects’ construction. Methods: general and private scientific methods, including formal-logic methods (hypothesis, analysis, synthesis, deduction, induction). Special methods included historical, juridical-technical, inter-sectoral, comparative-legal, systemic and other methods of scientific cognition. Results: The following results were obtained during the research of inter-sectoral links in civil, land and town-planning law: the inter-sectoral links in civil, land and town-planning law are traced when viewing the conditions of planned construction (allocating a land site for the developer, obtaining the permission for building, correspondence to town-building and construction norms and rules). Consequently, the research of inter-sectoral links is necessary to solve practical problems connected with the admission of the property right for unauthorized constructions, as well as for the authorized real estate objects. Scientific novelty: The authors view inter-sectoral links of civil, land and town-planning law in the sphere of regulation the relations in real estate objects’ construction to reveal the legal collisions and gaps in the Russian legislation. Practical value: the results can be used in law-making for improving the norms of the Russian civil, land and town-planning law. Particular provisions can be admitted by the court practice when considering and resolving cases. Scientific proposals can be also used in preparing educational programs, textbook and teaching the courses in “Civil law” and “Land law”.
236-241 228
Abstract

Retraction
Date: 02.05.2022
Reason: Partial or full duplication of articles in the Actual Problems of Economics and Law Journal with previously published texts was detected. For example, an article was published in the Journal:

Yushchenko N.A. Distinguishing between the notions of “commercial concession” and “franchising”. Aktual’niye problemy ekonomiki i prava, 2014, no. 4 (32), pp. 236–241. (https://www.elibrary.ru/item.asp?id=22586051).

 

The article contains large extracts from the previously published article:

Yushchenko N.A. On the unification of the concept of commercial concession and its legislative consolidation in Russia and abroad / N. A. Yushchenko // Foreign Trade Law. – 2007. – № 1. – С. 3-7. (https://www.elibrary.ru/item.asp?id=12870964).

 

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. The Editorial Board performed an internal investigation. The Editor-in-Chief and the Publisher made a decision to retract the article from elibrary.ru and the Journal website.

INTERNATIONAL PUBLIC LAW

242-248 174
Abstract
Objective: to prove the objective character of broadening the international activity of federation subjects and the absence of their international legal personality. Methods: the research is carried out with general scientific and juridical methods, used integrally, including the systemic, corporate, technical-juridical methods. Results: Broadening the international activity is an objective and naturally determined phenomenon. However, the international legal personality cannot be attributed to federation subjects, as it contradicts to the main feature of a state - the state sovereignty. Actually, even the elements of international legal personality attributed to a part of state leads to elimination of the state's activity and disintegration. Scientific novelty: The author has analyzed the factors broadening and deepening the role of the international activity of federation subjects under the modern conditions. Having viewed the modern approach to the “state sovereignty” notion, the author concludes that the federation subjects cannot enjoy international legal personality (which is proved on the examples of Federal Republic of Germany and the Russian Federation). Practical significance: the author proves that it is impossible and harmful to limit the international activity of the federation subjects, but proves that they cannot possess the international legal personality. This may harm the recognition of the position of federations and federation subjects in international activity and increases the centrifugal forces which destroy states. The article grounds the necessity to improve relations between federal and subject authorities by means of treaty relations.
249-257 190
Abstract
Objective: to analyze individual aspects of the process of realization of the right for profitable activity in the territory of any other party, expressed in Art. 18 of the European Social Charter, in EU law and in the Russian Federation law, with the aim of Russia's taking obligations under item 1, 3 of Art. 18 of the Charter, and, in particular, to carry out a comparative study of the constituency of the current Russian Federation legislation with the requirements of individual or collective “liberation” of the legislation on foreign labor (item 1, 3 of Art. 18 of the Charter). Methods: comparative-legal method of research. Results: The key trends, similarities and differences of the sources of international regional law of the Council of Europe and the European Union are identified. The detailed analysis of the Russian Federation legislation is carried out on the compliance with the principles of legislation liberalization on the employment of foreign workers (item 1, 3 of Art. 18 of the Charter) as well as the existing state limitations on Russia's taking obligations under item 1, 3 of Art. 18 of the Charter, by adopting the law on foreigners’ access to employment on this territory. Scientific novelty: The article for the first time presents a deep comparative-legal analysis of the provisions of item 1, 3 of Art. 18 of the Charter, acts of the Council of Europe and the EU about the individual aspects of the right for profitable activity in the territory of any other party, as well as the Russian Federation domestic legislation on the compliance with the provisions of item 1, 3 of Art. 18 of the Charter for the adoption of such obligations by the Russian Federation. Practical significance: The conclusions on the implementation of certain aspects of the right for profitable activity in the territory of any other party, expressed in Art. 18 of the Charter and other acts of the Council of Europe and EU law, as well as the established similarities, differences and inconsistencies of the Russian Federation domestic legislation with item 1, 3 of Art. 18 of the Charter can be used in law-making and law-enforcement practice to eliminate the revealed inconsistencies (to providing guarantees for migrant workers), to observe the principles of equality and non-discrimination in employment.

THEORY AND HISTORY OF LAW AND STATE; HISTORY OF DOCTRINES ON LAW AND STATE

258-266 195
Abstract
Objective: to view the constitutional law interpretation as an integral legal doctrine, based on the synthesis of natural-legal, normative and juridical-sociological aspects of the Russian Constitution. Methods: dialectic approach to cognition of social phenomena and post-modernist paradigm, which determined the choice of the specific research methods: comparative, hermeneutic, discursive. Results: The article is devoted to the research of “constitutional law interpretation” notion. Basing on the author’s typology of law interpretation, the integral character of the constitutional law interpretation is proved, which determines the essence of the legal reality in Russia. The constitutional law interpretation realizes the synthesis of normative, sociological and natural-legal theory with the leading role of normativism. Scientific novelty: The article for the first time analyzes the essence and content of constitutional law interpretation as an integral legal doctrine. Practical value: The main provisions and conclusions of the article can be used in scientific and educational activity when viewing the issues of the essence and content of law interpretation.

CRIMINAL LAW AND CRIMINOLOGY; СRIMINAL PROCESS LAW

267-272 192
Abstract
Objective: to substantiate the idea that the bases of differentiation in cases of terrorist crimes, as well as infringing the safety of aviation and sea navigation in the Russian criminal procedure are embedded in international legal acts ratified by the Russian Federation. Methods: the methodological basis of the research is dialectic approach. Also specific scientific methods were used: systemic-structural, formal-logic, etc. Results: basing on the analysis of international legal acts ratified by the Russian Federation, it was concluded that these documents may establish special procedural rules of proceedings for certain categories of crimes. In addition, special procedural rules of proceedings for certain categories of criminal cases should be applied only for a limited group of crimes, stated in corresponding articles of the Russian Criminal Code. Scientific novelty: the article draws attention to the need for clarification of the procedural order in terrorist cases, as well as in cases of offences against the safety of aviation and shipping, which would develop the provisions of international legal documents ratified by the Russian Federation. Practical value: the provisions and conclusions of the article can be used in the legislative process, as well as in scientific and pedagogical activity.
273-278 187
Abstract
Objective: to reveal, describe and explain the main disputable provisions of the new Criminal Code of Kazakhstan Republic, and to propose means for their solution. Methods: the methodological basis of the research is general cognition methods. Results: Critical evaluation is made of particular provisions of the Criminal Code of Kazakhstan Republic, which allows to define the main directions of its improving in a short-term period. Scientific novelty: For the first time in the Russian scientific literature the disputable provisions of the 2014 Criminal Code of Kazakhstan Republic are described and explained, which is useful for the Russian law-making activity. This constitutes the practical value of the research. Practical significance: The research is topical due to the fact that the issues of criminal-legal influence upon the criminality preserve their scientific and practical significance both for the Russian Federation and Kazakhstan Republic, while applying the foreign experience of legal regulation is one of the main directions of the modern Russian Criminal Law science.
279-285 146
Abstract

RETRACTION:

Date of retraction: 02.11.2018

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

The article was retracted by the decision of the editors in connection with the discovery of the fact of violation of publication ethics by the author, namely duplication of publications:

(Olkov S.G. Mathematical models of the system of law, legal relationship and legal responsibility // Public and private law. 2015. No. 2 (26). P. 101-111).

286-292 178
Abstract
Objective: to view the necessity and appropriateness of using the techniques of rehabilitation justice as a means of special-criminological prevention of violent crimes against under-aged family members. Methods: a system of general scientific and private scientific methods. Results: The article views the issues of implementation of rehabilitation techniques (mediation) in legal procedures, including investigating and cognizance of violent crimes committed in families against under-aged children, as well as their appropriateness and limits of application. The authors conclude that rehabilitation programs as such should perform the function of criminal justice, i.e., to react to a crime. The main tasks of using mediation in the Russian criminal procedure should be not substituting the official criminal court procedure, but supplementing it. The main form concerning these types of crimes should be informal mediation between the victim and the offender. Scientific novelty: The article views the issues of rehabilitation justice techniques as a means of special-criminological prevention of violent crimes against under-aged family members. Their essence is revealed. The issues of limits of their application in the investigation and court practice are discussed. Practical significance: The conclusions formulated in the article can be used in scientific, law-enforcement practice and in education.
293-297 175
Abstract
Objective: to examine and analyze the mechanism of committing fraud using computer viruses, requiring transfer of funds; to determine the qualifications of such crimes; to develop recommendations on the organization of investigation of this type of fraud. Methods: the dialectic approach to the cognition of social phenomena determined the choice of specific research methods; comparative, hermeneutic, discursive, formal-legal, systemic. Results: As a result of studies, the mechanism of criminal behavior and its main stages were identified; the issue is viewed of determining the size of the material damage, including at the stage of criminal prosecution; specific recommendations are offered for the organization of the disclosure and investigation of crimes of this type. Scientific novelty: In the article for the first time the criminalistic and criminal-legal aspects of investigation practice are analyzed for the fraud committed using computer viruses, requiring transfer of funds, as well as controversial issues of qualification of crimes of this type. Practical significance: The main provisions and conclusions of the article can be used in scientific, educational and practical activities when viewing the issues of disclosure, investigation and prevention of computer crimes.

CIVIL PROCEDURE; ARBITRARY PROCEDURE

298-304 197
Abstract
Objective: to analyze Art. 228 of the Civil-Procedural Code of the Republic of Armenia and to prove that this article, which establishes procedural irregularities, does not fully reflect the content of unconditional grounds for withdrawal of a legal act. Methods: the methodological basis of the research are methods of induction, deduction, analysis, synthesis, analogy, as well as specific professional methods: systemic-structural, comparative-legal. Results: The paper analyzes the legislation of the Republic of Armenia and foreign states regulating the appeal procedure of legal acts. On the basis of the analysis it was proposed to add to part 2 of Art. 228 of the Armenian Civil-Procedure Code an item providing the grounds for the unconditional withdrawal of the legal act, i.e. the adoption by the lower court 1) of an unmotivated legal act, or 2) the audio protocol of the court session and its brief computer recording do not coincide, and 3) if the protocol; of the court session was written with such significant deficiencies that do not give full opportunity to the court to verify the actions taken during the proceedings in the lower court. Scientific novelty: The article has developed and first introduced into scientific use the conceptual theoretical and legal provisions on the separation of the concepts of "the basis for the unconditional withdrawal of the legal act" and "the basis for obligatory withdrawal of a legal act". It was suggested to consider the concept of "basis for the unconditional cancellation" to be the error of justice, when regardless of its probable impact on the outcome or the correctness of the lower court’s decision, the appeal court mustwithdraw the appealed legal act. Practical value: The oretical principles formulated in the researchcan be used in scientific, legislative and law-enforcement activities, during the educational process of higher educational institutions of legal profile, when improving the qualification of practitioners and scientific-pedagogical personnel in the field of jurisprudence.


ISSN 2782-2923 (Print)