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Russian Journal of Economics and Law

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No 4 (2012)
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THE DIALECTICS OF ANTI-CORRUPTION

5-8 166
Abstract
The authors present a model of psychosocial dissonance as a contradiction of ideas of interaction subjects (personalities, groups, societies) and arising psychological tension, which has two outcomes: development and destruction. Corruption is viewed from the point of view of the psychosocial dissonance model as a factor of changes in the life of the society.
9-14 166
Abstract
The article presents an attempt to prove the scientific-psychological concept of the bribery problem. The research showed that among corruptive personalities there are many bribemaniacs, that is, personalities with psychological dependence. It is shown that bribemania as a specific form of kleptomania, is an addition with all its features which are characteristic for drug addiction, alcoholism, game addiction and other destructive pathological dependences. Bribemania has the same characteristic stages and psychic processes as other dependences; psychological prevention against bribery should be carried out at three levels: primary prevention (persons who never took bribes), secondary prevention (persons who already took bribes), and tertiary prevention (psychotherapy and overcoming of the existing psychological dependence, court-psychotherapeutic measures, etc), quaternary prevention (rehabilitation of those who underwent the tertiary prevention, including those who was imprisoned, etc).
15-19 148
Abstract
The article views the issues of broadening the object and subject of anti-corruption expertise of normative legal acts and their drafts carried out by the prosecutor’s office bodies. The main theoretical approaches to defining the subject and object of anticorruption expertise are analyzed.
20-25 201
Abstract
The article views the issues of measuring the public danger of crime using economic indicators and crime cost. The necessity to introduce a new scientific category “comparable public danger” is grounded.
26-34 149
Abstract
The article is devoted to one of the most complex and multi-sided aspects of the modern personality psychology – corruptive behavior. The article presents the personality features of persons apt for corruptive behavior, that is, the level of subjective control.
35-41 244
Abstract
The article views the main elements of subjective aspects of bribe giving and taking. Basing on materials law enforcement practice, the aims and motives of bribe giving and taking are described, as well as forms of guilt.
42-51 229
Abstract
The article reflects the critical attitude to the revisionist theory of corruption as well as to the international estimations (indexes) of the corruption in Russia.
55-57 154
Abstract
The article reviews the existing anti-corruption institutions, analyzes the existing drawbacks and formulates suggestions for the development and improvement of the anti-corruption legislation and practice of its implementation.
58-62 129
Abstract
The article views the sphere of private sector, which is apt to corruption, taking into account the requirements of the existing international and Russian legislation.
63-69 147
Abstract
The article views the issues of international norms implementation into anticorruption legislation of Kazakhstan Republic, gives a brief analysis of contradictions between the Kazakhstan and international anti-corruption legislation and proposes measures for eliminating these contradictions.
70-75 142
Abstract
The article views the modern state and main prerequisites of corruption offences and crimes connected with the process of allocating orders for state and municipal needs by the example of Nizhniy Novgorod region. The typical corruption breaches of law connected with organization and holding of competitions and auctions are analyzed. The author describes the main directions of state bodies’ activities for eliminating the conditions promoting the corruption revelations in the sphere of budget funds utilization.
76-80 153
Abstract
The article by the example of Prosecutor’s Office of Kazan city proposes measures for counteraction against organized corruption and shadow economy at municipal level. The system of indicators is suggested for estimating the level of corruption and shadow economy.
81-87 228
Abstract
The article presents the issue of creating the single anti-corruption body in Russia. The authors characterize the organization of corruption prevention in Ulyanovsk oblast as the specific activity of the Assignee on corruption counteraction. They conclude that it is relevant to create a special federal body in the Russian Federation, which would be assigned with authorities to organize corruption prevention, including in the Russian Federation subjects and at municipal level.
88-93 163
Abstract
The article analyzes the normative legal acts enacted in Tatarstan Republic and aimed at corruption prevention and counteraction. The author views the activity of the Republican Expert Group on corruption counteraction, and investigates the issues of state bodies and local self-government interaction with the civil society institutions in the sphere of corruption risks prevention. The author proposes certain measures for anti-corruption work organization at municipal level in order to increase the efficiency of corruption prevention and counteraction measures.
94-99 176
Abstract
The article analyzes the legal regulation of legal persons’ liability for corruption practices in the USA. The efficiency of legislation in this sphere is estimated.
100-103 147
Abstract
The article views the struggle with corruption in Kazakhstan republic and the experience of prevention of corruption breaches in its closest neighbors (Russia, China). The author proposes general legal measures aimed at control over corruption in Kazakhstan.
104-107 140
Abstract
The article presents the results of a questionnaire poll among the heads of enterprises and entrepreneurs of Naberezhniye Chelny city. The presented results specify the problems and forms of corruption in different authority bodies of Naberezhniye Chelny city. Directions of anti-corruption work are described according to the presented results.
108-111 188
Abstract
The article deals with judges’ arbitrary rule and subjectivism, which occur at the stage of court investigation in the Russian criminal court procedure. The issues of the judges’ responsibility for arbitrary rule are discussed; the conditions of the judges’ corrupt behavior are investigated at original jurisdiction.
112-115 190
Abstract
The article views the issues of corruption constituent in the sphere of land legislation. The basic patterns of committing crimes in this sphere are analyzed on certain examples. The main problem zones in the land managing sector in Russia and abroad are viewed in detail. Certain ways of solving problems with corruption in land sector are suggested.
116-121 146
Abstract
The article views the indirect influence of mistakes in human resources management on the level of corruption risk. The mediating factor is the level of corruption activity and injustice in wealth distribution. The systemic analysis of human resources is given, connected with the feeling of emotional welfare and, consequently, influences the corruption behavior in an organization.
122-126 178
Abstract
Implementing the situational approach, the article defines the typical investigation situations occurring when revealing and investigating bribery. Definingthe investigation activities which should be carried out in a certain situation, and classifying them, enabled the author to elaborate the pattern of bribery investigation, which can be used for its planning and organization.

THEORY OF ECONOMICS

127-133 179
Abstract
The article presents the theoretical issues of investigating the social ineqauality in post-industrial society; grounds the criterion of the social inequality, that is, the human capital of the subjects. The social groups of existence subjects and development subjects are defined. The character of social links and social mobility of each social group is analyzed.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

134-138 157
Abstract
The article covers the issue of the current condition of the tourist sphere in the Republic of Tatarstan. The author describes the main directions which can help improve the tourism infrastructure in the Republic, create the new competitive tourist product, increase the tourist flow and significantly increase the share of tourism in the Tatarstan economy.
139-142 133
Abstract
The article researches the issues of synergy of quantitative and qualitative indicators of economic development. The topicality of forming the stable development models is proved. The modern approach to synergy of economic growth indicators is viewed, as well as the transformation of the system of evaluation of economic growth quality.
143-150 161
Abstract
The article analyzes technological innovations management at Russian industrial enterprises, basing on the study of financial sources of the innovative-technological activity of industrial enterprises, determining the type of innovative strategy of industrial sectors at low-, middle- and high-technology levels of industry; formulates recommendations for creating conditions for industry modernization.
151-156 148
Abstract
The article is devoted to the analysis of labor market factors in Nizhniy Novgorod oblast during the crisis of 2008–2010 and post-crisis period of 2011–2012. The authors give a number of indicators connected with employment and demographic situation in the region, and make conclusions about the trends of labor market development in Nizhniy Novgorod oblast.
157-163 126
Abstract
The article views the hierarchical structure of intellectual capital, defines the main types of transactional costs inherent to intellectual capital of non-state universities, and presents a model of intellectual capital management based on transactional costs reduction.
164-169 149
Abstract
The article is devoted to the dynamics of institutional changes in the sphere of debt services in the Russian Federation. The role of consumer crediting in the mechanism of problem debts distribution in post-crisis economy. The weaknesses of institutional environment regulating the debt relations are stated. The author describes the Russian features of collectors’ activity and its potential for solving the problem of households’ non-payments.
170-174 152
Abstract
The article investigates the issues of implementation of the modern tools of anti-crisis management of an enterprise. The author grounds the approach to the tasks of modern anti-crisis management as a key factor of forming of self-developing enterprises. Thearticle views the transformation of anti-crisis management system from the point of view of systemic approach to an enterprise stability.
175-179 147
Abstract
The recent years are characterized by the increase of banks’ activity in the securities market. The article summarizes the author’s views on the commercial banks’ investment operations, and presents an analysis of banks’ activity during various operations at stock markets. The directions of investment activity development of the banks in Russia are shown.
180-186 145
Abstract
The article is devoted to the topical problem of evaluating the condition and experience of innovative systems forming at meso-level. Conclusions are made about the features and objective character of the individual specialization of regional innovative systems in regard to the innovative cycle stages at meso-level, problems and directions of their development are revealed, which will significantly influence the formation and utilization of intellectual capital.
187-194 145
Abstract
The methods of theoretical micro-economy were used to investigate the spontaneous transitions between enterprise’s production states in the regime of the goods’ commercial off-load. The economical mechanisms of spontaneous transitions are viewed, some characteristics of transitions are introduced, and equations for their probability are found. It is shown that under the given conditions most probable are the transitions with the loss of capital assets corresponding to the technological and etrepreneural risks and, in particular, bankruptcy risks. The average coefficient of capital assets loss is found as a function of the system evolution period, total supply and workshop processes period. The economic meaning of the obtained resulted is discussed.
195-201 144
Abstract
The article views institutional transformations aimed at stable development provision; defines a number of basic institutional problems barring the efficient management of stable development; grounds the necessity of further institutional transformations aimed at economic growth provision alongside with ecological safety and social stability provision.
202-208 171
Abstract
The article is aimed at defining the most steadily developing sectors of economy based on analytical research of the statistical data of the Tatarstan municipal units, and revealing the factors influencing the stable development of innovative process at regional level. The article contains the analysis of innovative activity in municipal units, reveals the factors influencingthe changes of innovative activity of various types of economic activity, and defines the most steadily developing sectors.
209-216 127
Abstract
The article views the issue of transformationof the existing system of labor diagnosing at a modern enterprise. The author theoretically proves the necessity to modify the existing approaches to defining the labor results and evaluating its efficiency. The new complex moel of diagnosing and control of the social-economic efficiency of labor is proposed, basing on the balance of interests of the labor process participants.

FINANCE, MONERTARY CIRCULATION AND CREDIT

217-222 128
Abstract
The article views the additive and multiplicative factor models for deposit and credit demand, including the internal factors, which can influence short-term the market conjuncture. The use of models allows maximizing the profit and fulfilling the organization’s plans.
223-230 178
Abstract
The article views the organization-economic features of financial provision of the modern economic systems on the example of higher professional educational establishments. Market relations subjects in the sphere of higher professional education are characterized. Forms of financial provision are suggested.

THEORY AND HISTORY OF LAW AND STATE

231-236 189
Abstract
The article describes the main trends in Russia development in the end of 17th – beginning of the 18th c. The characteristic features of reforms started by Aleksey Mikhailovich (Tishaishiy) and continued by Peter the Great are described. The Peter’s reforms are viewed as an effective tool of Russia modernization, its turning into an Empire and “police state”.

CIVIL LAW; ENTERPRENEURSHIP LAW;FAMILY LAW

237-240 135
Abstract
The article views the legal means providing the carrying out of entrepreneurship activity without forming the legal person. The theoretical notions “legal means” and “legal provision” are estimated, the features of legal means providing the entrepreneurship activity in a certain system are revealed. The complex application of private-law and public-law means is grounded, which is aimed at efficient realization of subject rights.
241-244 127
Abstract
The article investigates certain legal issues of keeping the subscriber number when changing the mobile operator in the Russian Federation, and suggests ways of their solution.
245-248 129
Abstract
The article deals with the notion of alienability contracts, presents the classification of these contracts’ subtypes. The research is carried out as a comparative analysis of legislation of the Russian Federation and the Baltic states to reveal the similarities and differences between the contract law institutions of these countries, which serves as the basis to reveal differences between the legislations.
249-252 146
Abstract
From the point of view of civil law the article views the features of the influence of private and public law norms and their role in creation and functioning of such entrepreneurship associations as holdings.
253-257 141
Abstract
The article is devoted to the topical issues of the legal provision of products quality. The civil-legal liability of the producers (executives, sellers) in the sphere of the products quality provision is viewed.

CRIMINAL PROCEDURE; CRIMINALISTICS

258-266 152
Abstract
The article views the main notions of a draft law # 632173-5 on creating of the contracted criminal procedure and its critiques. The authors suggest solutions of several problem situations arising when discussing the contracted criminal procedure in the State Duma of the Federation Assembly. The authors show the necessity to create the summarizing procedure in criminal cases, though not in the form suggested by the draft law designers and their opponents. The systematic reform of pre-trial procedure of criminal cases is needed.
267-275 149
Abstract
The article views the existing in criminal and civil procedure concepts of proving from the point of view of the clearest proving in private prosecution cases. It is revealed that the right to gather evidence in such cases belongs to all participants of cases which have the status of a party, while the evidence gathered by them cannot be lodged with the same requirements as the evidence gathered by official participants in public prosecution cases.

FINANCIAL LAW

276-280 149
Abstract
The article deals with the issue of improving the means of providing the balanced budget system of the Russian Federation. To use the advantages of venture programs, and improve the procedures of their elaboration, it is suggested to use the new method of budget resources management – the venture management method. The necessity to adopt the Federal Law draft “On venture programs” is proved .


ISSN 2782-2923 (Print)