Preview

Russian Journal of Economics and Law

Advanced search
No 1 (2015)

THE IMMUNE MECHANISMS OF THE DEVELOPMENT OF RUSSIA IN MODERN CONDITIONS

5-9 197
Abstract
Objective: basing on the analysis of «colour» revolution technologies in different countries, to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods: general scientific (induction, deduction, analysis, synthesis) and specific scientific (formal-juridical and comparative-legal). Results: using the results of «colour» revolutions’ research carried out by political scientists, the author evaluates the character and level of public danger of «colour» revolutions. The author states that the «colour» revolutions threaten the normal existence of the country or several countries. The conclusion is made that the «colour» revolutions must be counteracted by criminal-legal means. The article states the absence of norms in the existing criminal legislation, which would impose criminal liability on organizers, incendiaries and participants of «colour» revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds, and to insert this norm into Article 34 “Crimes against peace and security of humanity”, thus equating organization, preparation and implementing «colour» revolutions with planning, preparation, launching and conducting an aggressive war (Art. 353 of the Russian Criminal Code). Scientific novelty: basing on the existing legal norms, modern politological and juridical scientific literature, a conclusion is made that the «colour» revolutions are based on the abuse of law. This allows the organizers of «сolour» revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value: the materials and conclusions of the article can be used in law-making activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code; for research activity when preparing monographs and dissertations, tutorials and articles; when teaching the “Criminal Law” course, in advanced qualification courses for personnel of law-enforcement bodies and courts.
10-16 161
Abstract
Objective: to define the methods of competitiveness evaluation of the industrial enterprises’ production, which would be adequate to the tasks of import substitution. Methods: general scientific methods of theoretical and empirical cognition. Results: competitiveness of production as an integral phenomenon is disaggregated into three constituent categories: comparative, value and economic; the methods are proposed for industrial enterprises’ production competitiveness estimation. Scientific novelty: competitiveness is viewed in the light of consumer’s advantage. The author’s interpretation of the “consumer’s advantage” is presented. Practical significance: the methods are proposed for industrial enterprises’ production competitiveness estimation.
17-25 157
Abstract
Objective: to estimate the influence of economic sanctions on the current state of the Russian tourist market. Methods: analysis and synthesis, historical-logical and economic-statistical methods. Results: the pre-sanction condition of the tourist market is compared with its current condition. The problem aspects of the Russian tourist sector are shown. The complex estimation is given to the tense situation in the Russian tourist market. The reasons for exit tourism crisis are revealed, as well as their connection with the western sanctions against Russia. Practical value: the main provisions and conclusions of the article can be used for tourism arrangement and predicting the entrance and exit tourist flow
26-31 215
Abstract
Objective: comparing the similar situations in the relations between the USSR and the West in the 1930’s and in today's Russia, to search for historical lessons, to assess the real and hypothetical consequences. Methods: systematic method of studying history, which allows to reveal the inner mechanisms of the state functioning and developing and to identify the causes and consequences of certain phenomena. Results: the attempt is made to compare the historical experience in overcoming the economic blockade today (sanctions) and in the years of industrialization, in order to identify the common and specific features. The origins of autarchy in 1920-1930-ies are listed, some methods of overcoming the country’s economic isolation are shown. The relationship is shown between the very peculiar accelerated industrialization and the agriculture collectivization, which led to the village destruction and agrarian crisis. The main methods of industrialization in the 30-ies of the last century are listed. Compelling examples are provided of the use of foreign economic and technical expertise for industrial leap. Scientific novelty: the author comes to the conclusion that "the forced autarchy has become a powerful stimulus of such impressive growth”, but it is neither necessary nor possible to repeat the experience of its overcoming nowadays. In the author’s opinion, today the main, fundamental, long-term policy of our state should be avoiding autarchy and as quick as possible transition for the normal economic cooperation with other countries. Practical value: the main provisions and conclusions of the article can be used in scientific and educational activity, and in propaganda for a deeper understanding of the history of industrialization in the USSR and to search for methods and techniques to overcome the autarchy regardless of its origins.
32-38 146
Abstract
Objective: to define the balance between ethnic and national policy in the Russian ethnic policy under the systemic crisis in Ukraine. Methods: the need to research the conceptual apparatus of the Russian ethnic politology and its adequacy to the modern Russian policy when analyzing the Ukrainian problem, the tendency to show the trend of development of ethnic political situation in Ukraine from the first to the second Maidan, determined the implementation of historical-genetic, comparative-historical and typological methods in their interaction. Results: the efficiency of the two-level model of the processes of interethnic interaction was shown: basically primordial factors of ethnical identity are exposed to the directed influence of constructed ethnicity, leading the ethnos to the political mobilization and changing its primary characteristics. During the decade from the first and second Maidans, the forming of national Ukrainian identity as anti-Russian one entered the new phase. Obtaining the systemic unity of ethnic and national policy of Russia is intended to promote the adequate response to this challenge. Scientific novelty: the article reveals the inconsistency of unilateral domination of post-modern approach to the ethnos and ethnicity. It states the necessity of the optimal combination of primordial basis of the ethnos and the constructivist tactical flexibility when solving the certain ethnic political problems under the Ukrainian crisis. Practical value: the main provisions and conclusions of the article can be used in scientific and educational activity, when researching the ethnos and ethnicity, when analyzing the ethnic political processes in the modern Ukraine and viewing the condition and prospects of development of Russian-Ukrainian relations.
39-45 154
Abstract
Bjective: to form scientifically grounded knowledge on the role and place of legal sanctions in the Russian legal reality at all levels. Methods: general philosophic methods (dialectic, synergetic, phenomenological); general scientific methods (systemic-structural, logical); specific-scientific methods (formal-juridical, comparative-legal). Results: basing on the systemic-structural and comparative research of the levels of legal reality, as well as the functions and roles performed by each sanction, it is shown, how the conceptions of the sanctions and objectives of their implementation depend on subjective and objective factors, how the official confirmation of the functions of legal sanctions in Russia differs from their actual implementation in the legal reality. In the Russian legal reality we propose to extinguish several levels: law awareness and legal mentality, law proper and law enforcement practice, and legal behavior (the subject’s view on justice and its correlation with the existing law). At each level the legal sanctions perform a certain role and are represented in a certain form. The necessity is actualized to use abroad range of methods for legal sanctions research (sociological, psychological, statistical), in order to more specifically confirm their content in legislation and predict their efficient implementation. Scientific novelty: for the first time the attempt is made to study the role and function of legal sanctions at different levels of legal reality. Practical value: the main provisions and conclusions can be used in both scientific-educational activity and in elaborating drafts of legislative acts to confirm legal sanctions. The author’s comments and proposals can be used for estimating the probable informational and motivational impact of sanction on the human conscience and behavior, and when evaluating the interests’ conflict in forming the sanctions content.
46-53 201
Abstract
Objective: to study the status, dynamics and trends of institutional corruption in Russia and to determine its place in the system of threats to national security. Methods: universal dialectical method of cognition, and scientific, special and private research methods based on it. Results: the article presents a comprehensive analysis of institutional corruption. In particular, the dynamics of the dominant forms of corruption, the dynamics of corruption level, the dynamics of the police anti-corruption activity, the cycles of corruption counteraction are viewed; the ways of anti-corruption policy development in Russia are proposed. Scientific novelty: the theoretical and legal provisions on institutional corruption have been developed and introduced into scientific circulation, as well as its concept, stages, forms, patterns and cycles. Practical value: the provisions and conclusions of the article can be used in scientific, legislative and law-enforcement activities, as well as in the educational process of higher educational institutions.
54-60 152
Abstract
Objective: to study the possibility to change the working behavior of employees by actualizing their motivational potential. Methods: the methods of survey, questionnaires, focus groups, coaching and interview were used in the study. Results: the studies have shown that the employees’ motivational potential is revealed through a complex system of labor motivation, taking into account the needs and interests of a particular employee and forming the motivational and stimulating environment. Scientific novelty: the research includes the development of methods to analyze the employees’ interests and dominant motives and building of the structural system of employees’ motivation to effective action. Practical value: developing a method to increase the employees’ motivation for efficient work in the form of a systematic set of actions. The application of this method allows to increase the efficiency and productivity of workers, to gain additional profit, which is especially important in the context of the economic crisis and the lack of additional investment.
61-66 146
Abstract
Objective: to analyze a correlation between the Russian and the Ukrainian military-industrial complexes (MIC), as well as to determine possibilities for product substitution under economic sanctions. Methods: analysis and synthesis, statistical, abstract logic methods. Results: аn interdependence of Ukrainian and Russian military-industrial complexes is revealed; the role of economic sanctions as one of the important instruments and two-edged instruments of foreign policy is shown; the means of acceleration of development of defense-industrial complex of Russia are proposed. Scientifi c novelty: the article proves that the Ukrainian defense-industrial complex under economic sanctions represents serious threat to Russian military-industrial complex. The most effective ways of substituting the Ukrainian defense production by the Russian production are determined. Practical value: the proposed measures for substituting the Ukrainian military production by the Russian production will, under economic sanctions, contribute to Russia's further strengthening of military-industrial complex and the enhancement of operational capability of its armed forces.
67-74 174
Abstract
Objective: to propose variants and elaborate measures of anti-crisis management of the Russia's technological development. Methods: abstract-logical. Results: The external and internal causes are revealed which determine the technological crisis in Russia, the necessity of their elimination is proved. It is stated that the main problem is the extremely unfavorable institutional environment in Russia. Anti-crisis measures are proposed, which are aimed at technological development of Russia, taking into account the unfavorable influence of the institutional environment in the country. Scientific novelty: The external and internal causes determining the technological crisis in Russia are systematized. It is proved that, without solving institutional problems in Russia, not a single aspect of anti-crisis management will be fully implemented. Several variants of technological development in Russia were proved to be false. Anti-crisis measures were proposed, aimed at technological development of Russia taking into account the unfavorable influence of the institutional environment in the country, with the specific mechanism of their implementation. Practical value: The possibility to improve the technological development of Russia under the unfavorable institutional environment.
75-87 177
Abstract
Objective: to estimate the possible consequences of economic sanctions against Russia for the economy and business, basing on the analysis of social-economic indicators, expert evaluation and the previous experience. Methods: general scientific methods, summarizing, structural, logical and comparative analysis, economic-mathematical modelling, methods of sociological and statistical research: polling, documents analysis. Results: the authors have obtained the following results: 1) basing on the analysis of social-economic indicators of the economic system of the country compared with other countries, the authors have studied the potential of economic grow than development of Russia before imposing of the sanctions; 2) the authors have studied the experience of counteraction to the western economic sanctions with a view of using it in future; 3) the authors have given the characteristics of the main programs of the Russian business support, elaborated by the Russian government; 4) the authors have analyzed the initial results of economic sanctions against Russia, which are: reduction of the basic indicators in foreign trade, investments, capital flow and others; defined the main economic threats for the Russian economy; 5) basing on the sociological poll, it has been found that as early as in October-November 2014 the majority of enterprises felt the negative consequences of unstable international economic relations; 6) the authors have proposed the most efficient managerial decisions for directors of enterprises under economic sanctions. Scientific novelty: basing on the statistical data analysis, the summarizing and comparing, as well as expert evaluation, the authors research possibilities and economic threats for the Russian business development in the nearest future. Practical value: the main provisions and conclusions of the article can be used in the scientific and practical activity when viewing the issues of functioning of business under economic sanctions against Russia.
88-92 151
Abstract
Objective: to investigate the role of civic chambers in the system of civil society institutions in local communities. To achieve this objective, it is necessary to identify the features of legal regulation of their organization, to formulate the most optimal legal algorithms in this direction. Methods: the research is based on a complex of various methods. The key method is the dialectical one, which allowed to make a comprehensive and objective review of the system of civic chambers in the Russian Federation, to define the place of this institution in municipalities. Classical methods were used: analysis, analogy, ascent from the abstract to the concrete. Systemic-structural method allowed to identify the features of civic chambers in the system of Russian municipalities. Formal legal method became the basis for the study and analysis of the regulatory framework governing the establishment of the mentioned public institutions. In the study, other methods were also used. Results: the study has allowed to identify the specific features of municipal civic chambers, that is, the necessity to make them maximally close to the citizens and public institutions of the local community. Therefore a special order of their formation was proposed, which excludes participation of local governments in this process. The basic legal rules are justified, which govern the organization of the civic chambers of municipalities. Scientific novelty: in the absence of federal legal act governing the establishment of the municipal civic chambers, the basic legal provisions for their formation are proposed for the first time. Practical value: the possibility of applying the obtained results in the law-making activity of Federation subjects and normative activity of municipalities. The research results can be used in scientific activity and in law-enforcement practice.
93-107 132
Abstract
Objective: to study the dynamics of global economic, social-cultural and military-political transformations of the humanity in the end of 20th - beginning of the 21st c. Methods: systemic-prognostic approach to analysis of social reality determined the “register” of specific research methods: phenomenological reduction, hermeneutic comparative method, systemic analysis. Results: general trends of social transformations in the global community are revealed, strategic risks of the global society development are defined. Scientific novelty: the article presents a complex analysis of the modern world structure and reveals the probable scenarios of the scientific community responses to the challenges of modern times. Practical value: the main provisions and conclusions of the article are topical for the scientific-research and educational activity when viewing the global issues of modern times in economic, social-cultural and military-political perspective, as well as for development of scientific methodology in social-humanitarian studies.
108-113 164
Abstract

Objective: to develop conceptual theoretical-legal provisions and scientific recommendations to optimize legal regulation and increase efficiency of public administration. Methods: universal dialectical method of cognition, and general and private law research methods based on it. Results: in the article, a system of measures on legal regulation optimization under current conditions is proposed. Particular attention is drawn to the need for consistent implementation of the existing legal norms by public authorities and business structures, the appropriate combination of public law and private law regulation methods, for provision of systematic connection between normative legal acts of different sectors. The effectiveness of legal development forecasts in the legislative process is proved, the recommendations on the analysis and evaluation of legal risks are given, the appropriateness of the legal experiment at different levels is justified. Scientific novelty: the mechanism of legal regulation optimization in the context of socio-economic development has been developed and introduced into scientific use. Practical value: the research results can be used in scientific, legislative and law-enforcement activities, in the educational process of higher educational institutions.

114-118 191
Abstract
Objective: to research the foundations of the Russian constitutional system as a stabilizing factor for the country’s sustainable development. Methods: the dialectical method of cognition, systematic and logical methods, method of analysis and synthesis, method of comparative law studies. Results: the article proposes the concept of the constitutional system foundations, which consists of five elements: foundations of the legal status of a person, constitutional foundations of the economic system, social system, political system and cultural life of society. The advantages and disadvantages of the constitutional regulation of these elements are analyzed, as well as circumstances that may be detrimental to the sustainable development. Scientific novelty: for the first time the article covers the foundations of the Russian constitutional system as a factor of sustainable development of the state, and provides scientific recommendations to amend and alter the country’s Constitution. Practical value: the provisions and conclusions of the article can be used in scientific and pedagogical activity when considering the issues of foundations of the constitutional system.
119-124 167
Abstract
Objective: to search for ways of further development of modern Russia affected by sanctions. Methods: dialectical method of cognition of the solitude phenomenon, metaphorically transferred from personality to the image of Russia; phenomenological method, establishing a positive diversity solitude states; futurological forecasting method by which the Russia development trends are visualized. Results: the situation of the Russian society, which appeared in solitude, is not a reason for pessimism. This is positive time for reflection on the situation, and correcting the errors, there is a possibility to recover the Russian identity, to form the image of Motherland and inclusive existence, based on the culture of partnership and solidarity. Scientific novelty: the analysis of the solitude state allows to detect its positive potential, associated with correction of errors, restoration of the image of Motherland and formation of identity. So that their effectiveness had a lasting effect, it is necessary to pay attention to the inclusive education system, which brings up a personality included into existence. Practical value: the main provisions and conclusions of the article can be used in scientific, educational and practical activities in the review and analysis of the state of modern Russian society under sanctions.
125-133 136
Abstract
Objective: to research scientific approaches to the institution of tax control, taking into account the basic theories and scientific concepts that affect the functioning of this institution. Methods: logical and statistical methods were applied, as well as methods of deduction and induction, scientific abstraction. Results: it is proved that sustainable economic development can be achieved by enhancing the financial and taxation mechanism. The institute of tax control is viewed as a softener of economic crises. Mechanisms are proposed to influence the crises and to minimize the losses of both taxpayers and the state. Scientific novelty: the model is proposed of the taxation tools and mechanisms for sustainable development of Russia. Practical value: the possibility to increase the value and efficiency of the taxation mechanisms for sustainable development.

THEORY OF ECONOMICS

134-140 210
Abstract
Objective: to study the characteristic features of opportunistic behavior in the markets of complex products not subject to standardization (by the example of rendering services during construction-and-assembling operations). Methods: analysis, synthesis, collection and description of empirical data. Results: a significant amount of theoretical material has been analyzed; budgets of construction-and-assembling operations have been analyzed; normative documents have been studied. A poll of quantity surveyors, supervisors of construction-and-assembling operations, consumers of services and works have been carried out. The differences were revealed in the kinds of opportunistic behavior in the non-standard products markets compared to the standard products markets (the results of those surveys were presented in the earlier works by the author). Scientific novelty: it has been shown that in case of individual elaboration of each project (due to the uniqueness of the result of economic activity as a single complex), the opportunistic behavior has such prerequisites as high costs for measurements and control of the quantity and quality of the rendered services and used materials, lack of professional competencies of the consumers in the sphere of activity of the producer. Practical value: the key provisions and conclusions of the article can be used in the scientific and educational activity when viewing the issues of opportunistic revelations between economic subjects.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

141-147 135
Abstract
Objective: development and practical implementation of algorithms for predicting the potential capacity of the regional market of payable services to determine the prospects of the sector. Methods: general logical (analysis, synthesis, analogy) and theoretical (classification, formalization, abstraction, generalization, logical modeling) methods. Results: was developed the factor model of correlation between the potential capacity of the payable services market for the population of Samara region and the price index of payable services, as well as the proportion of people whose income is above the subsistence level and the growth index of per capita income. An algorithm is proposed for predicting the potential capacity of the regional market of payable services. Scientific novelty: is the ability of developed approach to forecasting in practice management service companies. Practical value: basing on the developed model, the interval forecast of the market capacity of payable services in Samara region is made; the values are defined of factors affecting the services consumption in Samara region.
148-155 183
Abstract
Objective: to define the group of factors influencing on the quality of services rendered by a housing and communal services organization. Methods: methods of systemic analysis and synthesis, economic-statistical analysis. Results: using the statistical methods of analysis, a group of factors is defined, which should be taken into account when developing the strategy of services market in housing and communal sphere. The objective of the strategy is to increase the level of quality services to the population of Russia in the housing and communal industry. Scientific novelty: the indicators are revealed of the quality of communal services, formed under social-economic factors. When analyzing the data of the matrix of interfactoral influence, those were extinguished, which show the largest influence on the level of services market development in housing and communal sphere. Practical value: is the ability to use the assessment results to develop measures to improve the quality of housing and communal services organizations.
156-171 189
Abstract
Objective: to define the notion of “high-tech business”; to elaborate classification of high-tech businesses; to elaborate the business model for high-tech business management. Methods: general scientific methods of theoretical and empirical cognition. Results: the research presents a business model of high-tech businesses management, basing on the trends of explicit and explicit knowledge market with the dominating implicit knowledge market; classification of high-tech businesses, taking into consideration the three types of economic activity; possibilities to manage high-tech business basing on its market cost, technological innovations costs and business indicators. Scientific novelty: the interpretation of the notion of “high-tech business” has been renewed; the classification of high-tech businesses has been elaborated for the first time, allocating three groups of enterprises. Practical value: theoretical significance - development of notional apparatus of high-tech business management; practical significance - grounding of the necessity to manage enterprises under development of explicit and explicit knowledge markets in Russia, as a complex of capital and non-capital assets, with dominating indicators of “market value” and “life span of a company”.
172-178 158
Abstract
Objective: to elaborate theoretical and applied aspects of the processes of forming the new network institutional environment of the Russian regional economy under the influence of the developing integral educational network structures (basing on the study of the experience of national research universities of Tatarstan Republic) Methods: general scientific logical methods of analysis and synthesis, induction and deduction, scientific abstraction, as well as the method of systemic-functional analysis. ISSN 1993-047X. «Актуальные проблемы экономики и права». 2015. № 1 Экономика и управление народным хозяйством Results: the practical examples are revealed and analyzed of introducing the new network integral principles into the functioning of national research universities, which have a real economic effect and influencing such indicators of regional economy as the growth of employment, reduction of unemployment, etc. Scientific novelty: problems of network structures development in the Russian education have not been thoroughly studied yet. The article analyzes the experience, reveals and describes the methods and techniques of forming the network educational structures in the functioning of national research universities in Tatarstan Republic Practical value: the author shows the ability of network university structures not only to play a significant role forming the new institutional environment of the regional economy, but also to influence the macro- and microeconomic indicators of development of the region and the country.
179-186 175
Abstract
Objective: to reveal the problems in medical services rendering in the rural areas of the Russian regions and to elaborate the directions for their solutions. Methods: descriptive method and economic-statistical method. Results: problems in rendering medical aid to the patients from rural areas are revealed. Stages of rendering medical aid to the patients from rural and remote areas are shown, which consist of 3 levels: 3rd level - outpatient/polyclinic units; 2nd level - inter-municipal center rendering specialized outpatient and inpatient medical aid; 1st level - specialized aid in oblast consultative-diagnostic centers. Scientific novelty: the directions are shown for optimization of rendering medical services to the rural population of the region. Factors are classified, which determine the differences in medical services to the rural and urban population. An algorithm is elaborated of rendering medical aid to the patients from rural areas. Practical significance: the algorithm of rendering medical aid to the patients from rural areas, proposed by the author, can be used in practice, thus giving the opportunity for medical aid to dwellers of small settlements.
187-192 155
Abstract
Objective: to develop and substantiate one of the mechanisms of corporate strategy formation of an industrial enterprise cost management. Methods: institutional, cost and systemic approaches. Results: in the article the classification of corporate strategies is elaborated in the framework of the cost management system. In accordance with the structure of the cost management system, the classification of corporate strategy is used, which is universal from the point of view of cost management: integration at the level of managerial decision-making; integration at the level of key competencies; integration at the level of cost factors; integration at integrative-cost level. Each of these types of integration involves vertical and horizontal integration. Scientific novelty: in the article the corporate strategies classification is elaborated, in the framework of the cost management system. Practical value: a holistic, systemic approach to the corporate strategy classification facilitates the search, selection and forming of optimal corporate strategy for each specific business. The main tool of this choice is the concept of cost management.
193-199 169
Abstract
Objective: to cover the theoretical and to develop methodological bases for research and rankings of priority directions of services quality improvement by means of assessment of an enterprise management potential to achieve its complete implementation. Methods: general scientific methods (analog method, the method of comparative assessments, integrated approach to the analysis of research problem), methods of fundamental sciences (method of empirical generalizations, method of causality investigation) and methods to ensure the development of means to increase the services quality and cost-effectiveness on the basis of assessing the level of implementation of the management potential of the investigated enterprise (method of alternatives, methods of rating, structuring method, measurement method, grouping method, method of peer review). Results: the ranking was carried out of the directions for improving services quality; the level was determined of management potential realization in the field of high quality services, based on the expert evaluation in order to enhance the economic efficiency of management in providing services. Scientific novelty: ranking of priority directions of management potential implementation to improve the quality of services, which will allow to explore alternative means economic productivity growth of services provision management at service enterprises. Practical value: the methodology proposed in the work makes certain contribution to the development of directions for increasing the productivity of management in service enterprises and enhancing measures for the most rational and complete implementation of their management potential. The area of application of work results is defined by the possibility to use the materials for the further scientific and methodological developments in the sphere of service management. Ranking of priority directions of management potential implementation to improve the quality of services allows to explore alternative means economic productivity growth of services provision management at service enterprises.

FINANCE, MONERTARY CIRCULATION AND CREDIT

200-208 163
Abstract
Objective: to define the demand and predict the required volume of investments into capital assets of industrial sector of economy in Kyrgyz Republic Results: the article analyzes the dynamics of renewing the capital assets in the industrial sector of economy in Kyrgyzstan in the recent decade. Basing on the analysis of dynamics and actual condition of capital assets, the author predicts the volume of investments into the capital assets, taking into account the hypothesis on preserving the existing trends of renewing the capital assets. The influence is revealed of the level of deterioration of capital assets on the amount of investments, expressed as the ratio of investment volume to the production volume. It is defined that reaching the predicted volumes of investment will keep the deterioration level at not more than 43%. Scientific novelty: for the first time the article predicts the investment volume basing on the balance model and extrapolation of mean values of renewal and retirement of capital assets in the recent decade (2003-2012), reveals the dependence of the deterioration level and capital assets investment norm. Practical value: the main conclusions of the article can be used in scientific and educational activity, in practical calculations and planning capital investments.

MATHEMATICAL AND INSTRUMENTAL METHODS IN ECONOMICS

209-217 166
Abstract
Objective: to research and elaborate an economic-mathematical model of predicting of commercial property attendance by the example of shopping malls, based on the estimation of its attraction for consumers. Methods: the methodological and theoretical basis for the work was composed of the rules and techniques of elaborating the qualimetry and matrix mechanisms of complex estimation, necessary for the estimation and aggregation of factors influencing the choice of a consumers’ group among many alternative property venues. Results: two mechanisms are elaborated for the complex estimation of commercial property, which is necessary to evaluate their attraction for consumers and to predict attendance. By the example of two large shopping malls in Perm (Russia), it is shown that using both mechanisms in the economic-mathematical model of commercial property attendance increases the accuracy of its predictions (compared to the traditional Huff model). The reliability of the results is confirmed by the coincidence of the results of calculation and the actual poll data on the shopping malls attendance. Scientific novelty: a multi-factor model of commercial property attraction for consumers was elaborated by the example of shopping malls, parameters of complex estimation mechanisms are defined, namely, eight parameters influencing the choice of a shopping mall by consumers. The model differs from the traditional Huff model by the number of factors influencing the choice of a shopping mall by consumers, and by the higher accuracy of predicting its attendance. The article was prepared with financial support of Perm National Research Polytechnic University. Practical significance: the economic-mathematical models, able to predict commercial property attendance, can be used for efficient planning of measures to attract consumers to preserve and develop competitive advantages of commercial property.

CRIMINAL LAW AND CRIMINOLOGY; СRIMINAL PROCESS LAW

218-224 264
Abstract
Objective: to describe and explain the structure of the modern Russian criminological political victimology as a special inter-sectoral criminological theory. Methods: the research is based on the universal dialectic method of cognition of social reality. Results: basing on the normative legal acts, scientific literature and law enforcement practice, the author proposes a concept of the structure of the modern Russian criminological political victimology as a special sphere of the Russian political criminology. Scientific novelty: for the first time in the world victimology, the author proposes a new prospective scientific direction, studying the victims of political crimes and power abuses, comprising several special victimological theories in its structure. Practical value: the author’s provisions allow to elaborate the complex system of measures for victimological rehabilitation and victimological prevention of crimes in the political sphere of social life.
225-232 170
Abstract
Objective: to describe tools and mechanisms of forming the anti-corruptive legal conscience implemented in some foreign countries, with a view to elaborate recommendations and implement them into the Russian legislation and law-enforcement practice. Methods: dialectic materialism and comparative and analytical methods. Results: the main tools and mechanisms are described of forming the anti-corruptive legal conscience implemented in some countries in Asia, Europe, Australia and America, which can be used in anti-corruption activity in Russia. Scientifi c novelty: for the first time in the Russia juridical literature, the author describes the main tools and mechanisms of forming the anticorruptive legal conscience implemented in some foreign countries. Practical value: possibility to use the research results by the subjects of the state policy of corruption counteraction; to form the anti-corruptive legal conscience with tools and mechanisms used in some foreign countries.
233-237 259
Abstract
Objective: to analyze the formation of punishment in criminal law (from ancient times to the present day), to demonstrate various aspects of punishment used at different times in different countries. Methods: a comprehensive study of phenomena and processes of objective reality, and the theoretical writings of legal scholars. Results: the author attempts to trace the history and development of the institution of punishment and to assess its current state. On the basis of the conducted analysis it is concluded that the severity of the punishment does not affect the general trend of the increase of crimes. Scientifi c novelty: : the study made specific findings are timely and proposals to improve the legislation in terms of criminal punishment by legislative consolidation unused to date principle. Profound historical analysis of the institution of punishment in criminal law will provide concrete examples of the scientific community punishments in different historical stages. Practical value: the formulated theoretical concepts can be used in scientific, legislative and law-enforcement activities, in the educational process for improving the skills of practitioners and scientific-pedagogical personnel in the field of jurisprudence, as well as in the preparation of scientific publications and teaching materials on this subject.
238-244 204
Abstract
Objective: to analyze the current developments in the Russian legislation on corruption counteraction and the legislation on public procurement system; on this basis to study legal conflicts and gaps, and to develop proposals under the provisions of the National Anti-Corruption Plan for 2014-2015. Methods: historical, formal-legal, logical and systemic-functional, structural and contextual approach to the study of law and theoretical propositions concerning the definition, nature and characteristics of legal relations arising in the process of and relating to the corruption counteraction in the public procurement system. Results: An aggregate of theoretical conclusions and proposals aimed at perfection of anti-corruption legislation and legislation on the contractual public procurement system is presented. Scientific novelty: the results of the author's interpretation of changes in the Russian anti-corruption legislation and legislation on the contractual public procurement system, existing legal conflicts and gaps. Practical significance: developing proposals for improving the standards of anti-corruption legislation and legislation on public procurement system under the provisions of the National Anti-Corruption Plan for 2014-2015.
245-253 209
Abstract
Objective: to examine the relevance of the problem and the features of crimes in the sphere of trafficking illegal drugs, psychotropic substances and their analogues, which is determined, on the one hand, by the complexity of identification, detection, investigation and prevention of the crimes in question; and on the other hand by the increasing number of drug users and frequent cases of lethal intoxication. Methods: ascent from the abstract to the concrete; systemic-structural and comparative analysis; historical method; dynamic and statistical methods, particular-sociological methodology of rural crime assessment. Results: The features are shown of the social danger of synthetic drugs in the Russian Federation and their consequences. Effective measures on perfection of counteraction to crimes under consideration are proposed. Scientifi c novelty: In the article the authors examine the situation and crime trends in the sphere of illegal drugs trafficking. In particular, they consider synthetic "designer" drugs, which cause great damage to the state, killing the young population of Russia. Effective measures of counteraction to the spreading of synthetic drugs in Russia are proposed in the paper. The authors show the complexity of the criminal situation in this area. The growth dynamics of the crimes in question is an objective reflection of unsatisfactory work of the law enforcement system in deterioration and prevention of these crimes. Practical value: The research results show the severity of the social danger of crimes in the field of drug trafficking.
254-261 178
Abstract
Objective: to elaborate the methodology of estimating the corruption risks in educational organization, which will allow to define the processes most liable to corruption. Methods: analysis of normative-legal acts regulating corruption counteraction; analytical method, questionnaires; content-analysis of documents; projecting; predicting; modelling; comparative analysis of corruption counteraction experience in Russia and abroad; expert evaluation; testing of experts by international Questionnaire Profile of Demand; transferring the activity characteristics from professional to personal basing on assessment technique and competences monitoring CAPTain-UTS. Results: The authors have elaborated the corruption chart of the working position of the head of municipal educational establishment. Scientifi c novelty: The existing models of corruption risks evaluation are directed either to the state and municipal service, or to the private companies. According to the authors, the technique of corruption risks evaluation applicable to the functioning of educational establishments in the Russian Federation has not been formulated. Practical value: introduction of the proposed technique into the functioning of educational establishments will allow to define the activities most vulnerable for corruption, in order to build a system for corruption prevention in the educational establishment.
262-271 322
Abstract
Objective: to analyze the practice of corruption counteraction in the sphere of school education in foreign countries. Methods: comparative-legal method, polling, content analysis of documents, expert evaluation, testing of experts with an international technique Questionnaire Profile of Demand. Results: the need for the corruption counteraction program is stated in Art. 13.3 of the Federal Law “On corruption counteraction”24and Methodological recommendations of the Russian Ministry of Labor on corruption risks evaluation when implementing functions25, but no definite measures for corruption counteraction in educational organizations have been formulated. Nevertheless, the controlling bodies inquire for information on such measures. As an example, wecitean inquiry of Krasnoyarsk Oktyabrskiy region Prosecutor’s Office to educational organizations of October 21, 2014 no. 86-01-2014 “On measures for corruption counteraction in the sphere of education”. Scientific novelty: summarizing the experience of corruption counteraction in the sphere of education in foreign countries and the experts’ opinion of the specialist of international organizations allowed to formulate a number of recommendations for the Russian educational establishments. Practical value: the experience of corruption counteraction in foreign countries will allow the head of an educational establishment to choose those of the proposed measures, which will be efficient in corruption prevention, and to elaborate an efficient program for corruption prevention.
272-277 300
Abstract
Objective: to define the main elements of provocative behavior of a victim and its difference from the provocation of a crime. Methods: dialectic approach to the study of social phenomena and historical and comparative-legal methods for the study of legal reality. Results: scientific grounding of theoretical-legal bases of the “provocation” institution and formulating proposals for improving its legislative regulation and increasing the efficiency of its law enforcement. Scientifi c novelty: the article presents the author's classification of the types and forms of provocative activity in the norms of both the General and the Specifi c parts. Practical value: summarizing and analysis of the modern empirical data on the practice of implementation of the norms, containing the features of provocation, and elaboration of organizational and methodological recommendations based on the author’s research.

CRIMINAL PROCEDURE; CRIMINALISTICS

278-282 243
Abstract
Objective: basing on the research of formation and development of the administrative prejudgment in the Russian criminal law and comparative-legal analysis of this institution, as well as the long-term experience in crime investigation, to trace the problems and trends of administrative prejudgment and prove the necessity to introduce, or, to be more precise, legalize the administrative prejudgment in the Russian criminal law. Methods: the research is based on the general dialectic method of cognition, comparative, historical, formal-juridical methods, as well as special and private-legal methods of research. Results: analysis of the main problems and collisions of administrative prejudgment in the Russian criminal law, the doctrine and the practice of implementation of this institution can become the basis for legalization of the administrative prejudgment in the Russian criminal law and implementing it for the crimes stipulated in the Special part of the Russian Criminal Code, if they are of low or middle gravity and committed intentionally, those most often occurred. The article studies the institution of the administrative prejudgment in the Russian criminal law since 1922 until present. Various researchers’ opinions are given for and against returning of this institution. Taking into account the criminological indicators, the authors express their own opinion on legalization of the administrative prejudgment. Scientific novelty: having abandoned the formal approach to the institution of the administrative prejudgment both in the Russian criminal law and in the foreign laws, the authors believe that the criminal personality should be the central factor of the administrative prejudgment legalization. In this context the authors state the direct connection between the personal features of a criminal, including their inclination to immoral and illegal behavior, and the crime committed by them. Practical value: the theoretical conclusions formulated in the research can and should be used in scientific, law-making and practical legal activity for legalization of the administrative prejudgment. That can reduce the level of repeated crimes, differentiate criminal and administrative liability, provide an opportunity for the prompt and efficient responses to the committed crimes.


ISSN 2782-2923 (Print)