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Russian Journal of Economics and Law

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Vol 13, No 1 (2019)

THEORY OF ECONOMICS

913-922 269
Abstract
Objective: to define corporate growth paradigms and to identify their methodological foundations that serve as the basis for combining the theories, concepts and models of corporate growth into paradigms.Methods: the research methods of development of scientific knowledge developed under the direction post-neopositivist methodology of science, methodology of paradigms by Th. Kuhn, scientific research programs by I. Lakatos, evolution of knowledge by S. Toulmin, “methodological anarchism” by P. Feyerabend, methods of distinguishing between simple and complex, mechanical and organic systems, principles of self-organization and synergetics.Results: the efficiency of using the general scientific methodology of paradigms for the analysis of trends while studying the corporate growth causes and patterns is proved. Three key paradigms of corporate growth are defined: causal paradigm, paradigm of growth results, and process paradigm. It is shown that the basis for classifying a particular theory of growth to a particular paradigm are the basic general theoretical and methodological principles specific to each of the paradigms. The tendencies in the growth paradigms development are determined; at present the new, integrative paradigm of growth is formed, which includes theories and theoretical models exploring the processes of companies’ integration.Scientific novelty: for the first time in the practice of corporate growth research, the methodology was applied for the analysis of the scientific knowledge development as competition of paradigms; the structure of the growth paradigms was revealed and the tendency of the formation of a new paradigm of corporate growth and integration was formulated.Practical significance: the main provisions and conclusions can be used to analyze the trends of change and growth of specific organizations and to predict the directions of their development, as well as in the practice of management consulting.
923-934 287
Abstract
Objective: modern economic science has been in a state of systemic crisis for many years. The reason is its empiricism, which limits the possibilities of economic science to a superficial description of the economic process. Numerous attempts of the economic science to exit from stagnation by means of this discipline per se did not lead to positive result. Our goal is to overcome the situation of “discontinuity” in the development of economic knowledge, which had formed by the end of the 20th century. Methods: abstract-logical, historical, methods of analysis and synthesis.Results: the paper proposes a way out of this situation by means of scientific methodology, which provides the opportunity to improve the specific discipline by using the power of the entire continuum of knowledge and methods developed by science during the whole period of its existence. The authors substantiate the necessity, admissibility and legitimacy of transiting to a scientific paradigm based on classification by certain types of relations and using the energy-dynamic theory for representing the transfer and transformation of any forms of energy, regardless of their belonging to a particular field of knowledge. In fact, we are talking about transition from empirical science to the one based on the study of links between processes and phenomena, as mathematics is not sufficient to describe their system features. It is indicated that the qualitative development of economic science can be provided only by studying objects as a set of elements with certain functions, which corresponds to the concept of “systems science”.Scientific novelty: the necessity is proved to transit to the science based on new ontology with the possibility to reach a higher level of abstraction. The ways of forming a new trajectory of economic theory development are designated; the theoretical methodology tools are presented providing formation of such theory. The proposed systemic dimension of science allows full-fledged elaboration of elements of any origin, regardless of the limitations within a scientific discipline.Practical significance: the paper shows that modern science has everything necessary for the withdrawal of economic science from the state of stagnation, which can be used by experts in the field of economics and related disciplines.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

935-947 360
Abstract
Objective: to study the development of mortgage lending in the Russian Federation from 2000 to 2017 and to assess its impact on the indicators of housing affordability for the population.Methods: analysis, synthesis, systemic approach, formal legal method.Results: the author identifies the main criteria of housing affordability, which are currently used in practice. The emphasis is made on the coefficient of housing affordability set at the legislative level. With the help of generalized data, the dynamics of this coefficient is analyzed in terms of introducing the mortgage lending mechanisms into practice. It is concluded that mortgage per se does not make housing more affordable. In the short term, on the contrary, by increasing effective demand, mortgage loans raise prices for residential real estate. Only in the medium and long term, the development of mortgages, with proper regulation, can increase availability of housing for the population through stimulating the construction sector, where capital investment is due to the growth of solvent demand, and through increasing the amount of new residential real estates built annually. Scientific novelty: the author identifies shortcomings of the method of determining the housing affordability coefficient, contained in the legislation, as it does not take into account the current expenditures of households. It is proposed to adjust this indicator to the subsistence level for each family member. The calculation on the modified model is carried out. It is proposed to apply a simpler and more objective indicator of housing affordability for the population, which is the ratio of income to the cost of a square meter of residential real estate.Practical significance: the assessment of the impact of mortgage lending development on the level of housing affordability obtained in the work has a high degree of relevance in terms of further regulating mortgage as a banking product, as well as selecting the direction of development of state policy in the field of residential construction.
948-965 253
Abstract
Objective: to develop the stages of rehabilitation anti-crisis management of an enterprise in order to improve the quality of anti-crisis management in general.Method: abstract-logical.Results: the need to study and implement crisis management is due to insufficient development of issues related to the formation of a set of measures to support enterprises surviving crisis. It is determined that the development of such measures can be based on rehabilitation mechanisms used in various fields. The developed stages of rehabilitation crisis management are in close relationship with the areas of preventive and reactive crisis management. Rehabilitation anti-crisis management is considered not only for the enterprise which overcame a crisis situation, but also for bankrupt enterprises. The increased corporate social responsibility and the company reputation management are studied as elements of institutional and economic rehabilitation of an enterprise. It is proposed to form the strategy of development of the enterprise within rehabilitation anti- crisis management, instead of preventive management. The authors describe further prospects of the enterprise development depending on the implemented process of self-improvement at the enterprise and substantiate the importance of rehabilitation procedures for increasing the efficiency of anti-crisis management.Scientific novelty: the article for the first time reveals in detail the content of each stage of rehabilitation anti-crisis management of an enterprise; describes all the interrelations between them; substantiates the importance of the key actions during each stage of rehabilitation anti-crisis management.Practical significance: implementation of the proposed new stages of rehabilitation anti-crisis management will give a second chance to some entrepreneurs declared bankrupt; using the strategic management tools, it will be possible to ensure anti-crisis sustainability long-term; to lay the need for self-improvement in the foundation of all enterprises’ functioning, making it a natural and necessary element.
966-980 272
Abstract
Objective: to assess the impact of social capital on economic growth, welfare and entrepreneurial activity of the Russian regions.Methods: abstract-logical method, descriptive method, econometric modeling.Results: when preparing the literature review on the subject of the study, a consensus view was revealed that social capital is a multifactorial phenomenon with many elements, forms of manifestation and channels of influence on the development of socio-economic systems. The direction of the social capital impact significantly depends on its context.The paper shows that at different times different elements of social capital influence differently on the indicators of entrepreneurial activity in the Russian regions. In particular, two of the three main elements of social capital - trust capital and social media capital, - calculated according to the “GeoRating 2007” poll by “Public Opinion” foundation and the “Social Capital: alternative source of energy” report (2015), account for 14 to 18% of the differences between the Russian regions in the share of revenues of small enterprises in their gross regional product (GRP).It is significant that in the above two periods of observation the nature of this effect changed qualitatively. In particular, in2015 the capital of trust became more significant and began to have a negative impact on the GRP. The capital of social networks retained its positive influence on the dependent variable, but its importance in the model was somewhat reduced. Scientific novelty: the study proved the moderate influence of one of the elements of social capital - the capital of social networks - on the gross regional product of the Russian regions: its elasticity for this indicator is estimated at 0.1. The positive impact of capital norms and values on the level of welfare in the regions of Russia is also confirmed. It is concluded that the impact of open social capital has a positive influence on business activity, expressed in the number of small businesses per 10,000 people in the region of the Russian Federation. It is also shown that the capital of values and norms affected the dynamics of entrepreneurial activity in the period 2010-2015: it had a positive effect on the growth of the average number of employees of small enterprises and revenues from the sale of goods (works, services) of small enterprises in the regions of the Russian Federation. Practical significance: the results of the study can be used in the practical activities of the authorities forming the regional policy of entrepreneurship development in Russia.
981-992 309
Abstract
Objective: to develop a basic mathematical model to assess the impact of foreign trade on the national economy and the impact of the national currency on economic growth in relation to developing countries.Methods: methods of mathematical dynamic modeling are used in the development of the model.Results: one of the most acute and unresolved problems for the Russian economy is the development of such currency-monetary policy that would provide opportunities for economic growth. One of the reasons for the ongoing disputes is the lack of a qualitative mathematical model that allows assessing its impact on economic processes. Mathematical models proposed by representatives of different economic scientific schools and describing the impact of monetization on the economy are considered. It is determined that the previously developed models are not applicable to the economies of developing countries. The characteristic is given of the dynamic mathematical model earlier developed by the authors describing cash flows in the Russian economy. The importance of models for developing economies is analyzed in terms of growth of the money supply and changes in the exchange rate of the national currency. As a result, it is determined that the constructed model, which is an aggregate version of the model of switching reproduction, takes into account the openness of the national economy and inflation processes. The model is tested on the example of currency-monetary policy of the USA and Russia. Scientific novelty: the model differs from analogues in that it is based on the modeling of cash flows in accordance with the methodology of modeling of switching reproduction, which allows analyzing the interaction of financial and real sectors of economy in developing countries.Practical significance: the model allows estimating the consequences of decisions in the field of currency-monetary policy in developing countries.
993-1006 257
Abstract
Objective: to determine the impact of economy structure on the progressive and safe socio-economic development of national economic systems.Methods: the methodological basis of the study was the scientific research of the relationship between structural changes in the economy, the level of development and socio-economic policy of states, as well as their position in the system of world economic relations. The specific methods used were the method of theoretical cognition, the methods of observation, generalization, comparative analysis, data grouping, and analogy.Results: under mobility of the external environment at the state level, one of the urgent tasks is to find the most effective model of economy. In Russia, the objective need for progressive upward development is due to technological backwardness and the increased vulnerability to the economic challenges of our time. It is determined that one of the key conditions for the upward economic development is to increase the technological level in the country. It emphasizes the need to move from the predominance of reproductive system to a vertically integrated system of inter-industry production chains. It is indicated that the development of a market economy is associated with a number of challenges that threaten such development, including the reduction of economic sovereignty of countries as a result of the predominance of individual economies. This determines the need to consider the upward development of the country’s economy through the prism of economic security. Based on the analysis of economic literature and statistical data, it is proved that the economy structure is a factor, indicator and condition of the upward movement of national economic systems. The upward movement of national economic systems, in turn, is seen through the prism of progressive and safe socio-economic development as an objective requirement of modern reality, achieving of which is determined by the structural changes in the economy. In this regard, it is proved that it is necessary to ensure the structural modernization of the Russian economy as the basis of its progressive and safe development.Scientific novelty: consideration of the upward movement of national economic systems through the prism of progressive and safe socio-economic development, which, in turn, is achieved through the modernization of the economy structure. Practical significance: the main provisions and conclusions can be used in the development of the foundations of the state economic policy and state strategies of socio-economic development of the national economy in the future.

THEORY AND HISTORY OF LAW AND STATE

1007-1026 374
Abstract
Objective: to assess the legal category “formation of intolerance to corrupt behavior” for compliance with its requirements for legal definitions.Methods: the methodological basis of the study is the dialectical method of cognition and the general scientific (historical, logical, systemic) and specific scientific methods (grouping, analysis, synthesis, comparison, interpretation, etc.) based on it. Results: based on the analysis of federal, regional, municipal and departmental normative legal acts regulating various aspects of life, the author studies the term “intolerance to corrupt behavior”, as well as the related and derived legal categories. It was found that the phrase “intolerance to corrupt behavior” is widespread not only in the Russian anti-corruption legislation, but also in other branches of legislation, in different legal meanings, which indicates the multivariance of its semantic load, i.e., its linguistic uncertainty. It can be argued that the Russian law-making bodies violated the principle of the uniformity of legal terminology. To resolve this contradiction, this legal category must be replaced with another term, corresponding to the sense of anti-corruption legislation. The term “anti-corruption worldview” is such a phrase, meeting the requirements for legal definitions. Scientific novelty: for the first time in the Russian legal science, it was proved that the phrase “intolerance to corrupt behavior” is not a legally defined legal category. The author makes a proposal to exclude it from the current legislation.Practical significance: it is proposed to the legislative bodies of Russia to exclude linguistically undefined term “intolerance to corrupt behavior” from the current Russian legislation and replace it with another, more accurate in meaning and content term - “anti-corruption worldview”.
1027-1044 287
Abstract
Objective: to create a computer program of information technology support for making motivated court decisions; to obtain constructive criticism of the grounds of and objections to claim presented in the software forms in order to improve it. Methods: general dialectical-materialistic method in translating the law enforcement process into the language of information technology; analysis and synthesis of the law enforcement process; formal legal method for translating the requirements of the law and legal science to law enforcement into the program to be used by the judge and case participants; object-oriented approach to modeling; object-oriented programming methodology; relational approach to database design.Results: a part of the computer program is created for making motivated court decisions on cases of claim proceedings under the rules of civil proceedings, solving the tasks of Article 148 of the Civil Procedural Code of the Russian Federation. Scientific novelty: for the first time, a part of a computer program is presented, which obliges the judge to take into account all the arguments of the parties regarding the circumstances to be established in the case, to draw conclusions on them and, in parallel with the conclusions and arguments of the judge for each choice, to make a reasoned decision. It seems that the workload of the courts can be eliminated by the software for making and motivating court decisions, which will significantly reduce the time for its production. The program has no analogues among the software solutions of legal disputes aimed at determining the circumstances relevant to the case.Practical significance: the presented part of the program shows how a judge and case participants determine the legally significant circumstances of the lawsuit, which are subject to proving and justification. The generated list of circumstances forces, by the program logic, to make a reasoned conclusion about the proofs and legal relevance of each circumstance. The interim findings determine the solution for the claim.

CIVIL LAW

1045-1059 231
Abstract
Objective: to conduct a comprehensive legal analysis of the development of shared oil and gas fields of Iran and neighboring countries.Methods: general scientific method of dialectical cognition, historical-legal, system-structural, comparative-legal, formal-logical and other specific scientific methods of cognition.Results: shared natural resources are resources that, in their natural state, without human intervention, extend beyond the land or sea borders of one state and fall within the jurisdiction of another state. Although the international law formally recognizes the sovereign right of states to use natural resources located in the shelf zone with respect to the legal regulation of the use of natural resources shared by two or more states, there are gaps and contradictions in the law. This, in turn, leads to excessive consumption of resources, unfair competition between the states, and causes serious damage to the field itself. Today, Iran is one of the main owners of oil and gas reserves in the world and in the recent years has made huge investments to their exploration and development. Iran has about 28 fields shared with neighboring countries, and other states over the past twenty years have begun to actively invest and conduct extensive production of these fields unilaterally. Therefore, legal regulation of the shared fields development and investments in the oil and gas sector is of particular importance.Scientific novelty: the article for the first time formulates the rules of joint use of natural resources common to two or more states. Rule one: the obligation to cooperate in order to reach an agreement on the exploration and development of shared natural reservoirs of oil and gas, even if such cooperation does not necessarily lead to the joint exploitation of these resources. Rule two: in the absence of such an agreement, the unilateral use of the shared reservoir should be avoided.Practical significance: the main provisions and conclusions of the article can be used in scientific activities and in the consideration of issues related to the legal regulation of shared oil and gas fields.

CRIMINAL LAW AND CRIMINOLOGY

1060-1072 308
Abstract
Objective: based on the analysis of publications of German criminologists and sociologists, to identify and describe the main directions of development of modern criminal policy in Germany, including the work of penitentiary system, to determine the influence of new threats (international terrorism) on the regulatory activities of the state and thus on the rights and freedoms of citizens.Methods: general scientific (analysis, systemic-structural approach to the analysis of the study object, comparative legal method) and a specific scientific method - content analysis of scientific publications of German criminologists and sociologists. Results: the author identifies and describes the influence of the so-called new complex threats on the changes in the German criminal policy, namely the emerging trend towards the revival of punitiveness, i.e. tightening of criminal law, as well as the transition of the rule of law state into a preventive one, in which it is necessary to find a balance between freedom and security of citizens.Scientific novelty: the article for the first time examines the potential changes in the modern criminal policy of Germany aimed at building a new security system in the modern "risk society" , the possibility to preserve the fundamental civil liberties; analyzes the danger of dividing criminal law into civil criminal law and special criminal law to combat enemies (for example, terrorists, recidivists, kidnappers); in the context of the national legal policy, alternative (special) forms of deprivation (restriction) of liberty used in Germany are described: "social therapy", assistance to a probationer and establishment of supervision over their behavior, socially useful work, an electronic bracelet.Practical significance: the study results reveal the essential characteristics of possible changes in the modern German criminal policy, which is often criticized for rational humanism and indecision in taking urgent measures. Russia is also actively discussing the issues related to the adequacy of punishment for certain crimes. As a rule, four instruments of criminal policy are identified, the use of which causes the greatest number of disputes both in Russia and in Germany: death penalty, torture, life imprisonment and additional preventive detention. The analysis of the law-making and law-enforcement experience of German colleagues can be very useful, as it will help to avoid unnecessary mistakes, save human, time and financial resources, and prepare our legal system to respond to the most complex challenges of our time.

TRANSLATED ARTICLES

1073-1091 276
Abstract
Objective: to determine the influence of siblings on the frequency of arrests and types of offense among chronic offenders. Methods: general scientific method of dialectical cognition, historical-legal, system-structural, comparative-legal, formal-logical and other specific scientific methods of cognition.Results: Siblings begin interacting with each other in early childhood and often continue to interact on a consistent basis throughout the life-course. Little research has been done on how these sibling relationships impact the development of criminal behaviors separate from parents' influence and direction. Using the California Youth Authority data, this study explores the impact of siblings on chronic offenders' number of arrests and offense type. Overall, the main findings support that siblings do matter in offending behaviors. A few significant relationships were found regarding siblings and chronic offenders, including: 1) greater numbers of sibling arrests are associated with significantly more arrests for the offender, and 2) the number of siblings an offender has results in a significantly lower rate of total arrests for the offender. The results of this study, their implications for future research on sibling relationships and criminality, and the impact on recidivism are discussed. Scientific novelty: the article for the first time studies the influence of siblings on the frequency of arrests and types of offense among chronic offenders. That initiates the discussion on the necessity to view interrelations between siblings as an essential factor in the life of a chronic offender. The study object is interrelations between siblings as the reason for developing patterns of criminal behavior in a family, in particular, among siblings. Practical significance: the main provisions and conclusions of the article can be used in scientific and educational activities while consideration the issues related to determining the influence of siblings on the frequency of arrests and types of offense among chronic offenders.
1092-1109 230
Abstract
Objective: to elaborate legal recommendations concerning the access of law enforcement bodies to data bases.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, predetermined the following research methods: formal-logical, comparative-legal, and others.Results: Databases are full of personal information that law enforcement might find useful. Government access to these databases can be divided into five categories: suspect-driven; profile-driven; event-driven; program-driven and volunteer-driven. This chapter recommends that, in addition to any restrictions imposed by the Fourth Amendment (which currently are minimal), each type of access should be subject to its own regulatory regime. Suspect-driven access should depend on justification proportionate to the intrusion. Profile-driven access should likewise abide by a proportionality principle but should also be subject to transparency, vetting, and universality restrictions. Event-driven access should be cabined by the time and place of the event. Program-driven access should be authorized by legislation and by regulations publicly arrived-at and evenly applied. Information maintained by institutional fiduciaries should not be volunteered unless necessary to forestall an ongoing or imminent serious wrong.Scientific novelty: the article suggests the following recommendations on the access of law enforcement bodies to data bases: a) if a policing agency seeks non-public records about an identified person, it should have to demonstrate suspicion of wrongdoing proportionate to the intrusion involved; b) if a law enforcement agency is accessing data for the purpose of executing a profile to identify suspects, it should ensure the profile produces the requisite proportionality - derived hit rate, avoids illegitimate discrimination, and uses an understandable algorithm; c) if policing agencies are relying on a crime rather than a suspect or a profile as the starting point of the investigation, the crime should be serious and the number of people investigated kept to the minimum dictated by the time and place of the crime; d) collections of data needed by law enforcement should be maintained outside of government to the extent consistent with governing needs, but wherever maintained they should be authorized by specific legislation and administrative rules transparently and democratically arrived at. Practical significance: the main provisions and conclusions of the article can be used in scientific and educational activities while consideration the issues related to identification, suppression and prevention of crimes.

RATINGS AND REVIEWS

1110-1115 271
Abstract
Objective: to conduct a comprehensive analysis of the collection of works of the All-Russian scientific and practical conference "Criteria in law: theory, practice, technology", held at Nizhny Novgorod Academy of the Ministry of internal Affairs of Russia on 24-25 May 2018.Methods: dialectical approach to cognition of social phenomena, which allowed to analyze the place of the legal criterion within the general laws of development and functioning of social relations; hermeneutic, formal legal, comparative legal methods. Results: significance of the main approaches outlined in the reviewed edition for the theory of law and the state is estimated, regarding the criterion legal nature. It is established that the legal criterion is a complex, intersectoral category with dialectical nature: both a measure of attribution of one object (phenomenon) to a one-order group and a set of individual properties that distinguish the object (phenomenon). On this basis, the role of the legal criterion in law-making, law enforcement is considered, as well as a means of legal regulation.Scientific novelty: for the first time the legal criterion has become the subject of a comprehensive study from theoretical, legal, and sectoral positions. The assessment is given to the provisions on the criterion legal nature, the proposals on its definition, and the identification of formal legal properties. The conclusion is made about the role of the reviewed edition as the beginning of a thorough scientific discussion about criteria in law and legal knowledge about the measures and boundaries of legal reality.Practical significance: the reviewer concluded that the reviewed edition can be used not only by researchers (teaching staff of law educational establishments), but also by practicing lawyers, staff of courts and Prosecutor's offices, advocates, human rights defenders, as well as undergraduate students, master and doctoral applicants.


ISSN 2782-2923 (Print)