Preview

Russian Journal of Economics and Law

Advanced search
No 2 (2015)

THEORY OF ECONOMICS

5-9 202
Abstract
Objective: to determine the need for and prospects of further development of cooperation of higher educational institutions with the enterprises of real sector of the economy. Methods: the methods applied were scienti.c research at empirical and theoretical levels that allowed: 1) to identify the problem of insuf.cient provision of the national economic system with quali.ed human resources and to specify ways of solving it, 2) basing on the method of selecting information sources, to summarize the available experience of cooperation of Tatarstan universities with enterprises of various spheres of activity, 3) analyzing the collected information, to determine further actions for transforming the higher education system to focus it on the priorities of economic systems innovative development. Results: basing on the analysis of the proposed issues, a set of further measures was identi.ed aimed at strengthening of the integration between educational and economic systems, which include: the need for coordinated activities of the national universities and enterprises of the real economy sector, implemented in the form of the joint projects creation and implementation; active participation of universities in the innovative activities of business structures; enhanced involvement of the interested economic entities into the employment of higher educational institutions graduates. Scienti. c novelty: the article reveals the practical importance of cooperation between universities and enterprises of different branches and spheres of activity, and proposes to deepen this cooperation in the areas, which enhance updating of knowledge obtained in the educational process through their implementation in practical activity of graduates and students at the enterprises-partners. Practical value: the main provisions and conclusions of the article can be used in the development of concepts of perspective development of the teaching staff and the main directions of cooperation of national universities with enterprises of the real economy sector.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

10-16 171
Abstract
Objective: to identify new approaches to implementation of effective discretionary fiscal policy to stimulate socio-economic development at the subfederal level. Methods: the study used comparative methods of economic analysis and logic synthesis. The basic methodological principles were used, like dialectical approach to the cognition of socio-economic phenomena in the area of discretionary fiscal policy at the subfederal level, in the context of the comprehensive objective and subjective factors, as well as the methodological principle - the unity of historical and logical, systematic approach to economic phenomena and processes of mechanisms formation for the implementation of discretionary fiscal policy. Results: the diagnostics is conducted of the current socio-economic processes in the region, implemented by the Tatarstan executive bodies of state power and administration of discretionary policy in the sphere of agriculture, the economic levers are considered that determine the mechanisms of maneuvering of the regional budget expenses that affect the acceleration of socio-economic development. Scientific novelty: the paper presents new approaches to the formation of mechanisms for the effective implementation of discretionary policy at the subfederal level. Practical value: the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering the issues of the nature and trends of modern discretionary fiscal policy.
17-33 236
Abstract
Objective: to study the experience of developed European countries in the organization of public-private partnership. Methods: the theoretical research methods were used: analysis, synthesis, and historical method. Results: basing on the study of experience of the UK, France and Germany, the strengths and weaknesses of different models of public-private partnerships were revealed, as well as the features of their organization under specific economic and historical conditions. Scientific novelty: for the first time, the sectoral and financial features of the public-private partnerships organization in different economic systems were systematized. Practical value: the main provisions and conclusions of the article can be used in the development of Russia's state policy in the field of creation and financing of public-private partnership projects.
34-40 177
Abstract
Objective: to research the practice of Swiss-management of healthcare organizations. Methods: abstract-logic, comparative management, benchmarking. Results: elaboration o f the mechanism and tools of forming the competence model of the modern manager in healthcare. Scientific novelty: the conceptual approach is elaborated to build the system of human resources management in healthcare organization, basing on the Swiss-model of managerial culture; the innovative model of healthcare managers training in the system of continuous professional education is elaborated; the problem-oriented approach to training the medical personnel is used, with the possibility to correct the curriculum during its implementation. Practical value: the issue of efficient resource management in healthcare are discussed at the level of the Russian Ministry of Healthcare, Russian Agency for Monitoring in Healthcare, Federal Fund for compulsory medical insurance. The existing contradictions in the management and regulatory system of healthcare as a sector of economy, the protracted reforms, the unbalanced model of healthcare system lead to the search of new managerial mechanisms. Thus the introduction of the Swiss-model of human resources management and the new type of managerial culture in healthcare organizations can be viewed as the mechanism of increasing the efficiency of the Russian healthcare organizations’ functioning.
41-52 252
Abstract
Objective: to determine the impact of the ownership forms development on the Russian economy competitiveness. Methods: systemic-functional approach, based on general scientific methods of empirical and theoretical research, such as observation and comparison, analysis and synthesis, induction and deduction; historical-comparative method, statistical methods, macroeconomic analysis. Results: through the prism of analysis of the state role in the country economy, the following factors have been considered, which determine the economy competitiveness: human resources (dynamics of such indicators as "population size", "employment", the role of migrant workers in the Russian economy); the economy dynamics (GDP and GNI per capita in USSR/Russia, USA, France, Germany); the socio-political situation (the level of wages and the ratio of the average monthly salary of Russian and foreign specialists, the difference between the incomes of the poorest and the richest population groups in Russia); the efficiency of industrial production (structural changes in industry and the distribution of industrial enterprises by ownership, the impact of industry trends on other types of economic activity); the market dynamics (the impact of imports on the quality of goods sold on the Russian market); resources and infrastructure (evaluation of the implementation of a number of large projects for infrastructure development on the Russian territory). Scientific novelty: the article clarifies trends and issues in the sphere of state property management: in general, the development of the privatization processes is continuing, as well as the dominance of private ownership with unresolved problems of "shadow sector". Reduction of the state share in the economy leads to the loss of state assets and the significant shortfall in tax and non-tax revenues to the budgets of different levels, as well as to increased social tension. Practical value: the conclusions and suggestions stated in the article can be used by public authorities when developing policies for the management of state organizations and enterprises, and enterprises with state capital.
53-58 178
Abstract
Objective: to define the range of actuarial calculations in Islamic insurance, to study the main differences of the traditional and Islamic insurance, to define, what changes in calculations entail the above differences. Methods: mathematical modeling, probabilistic analysis of insurance risks, adaptation of methods of actuarial mathematics to the principles of Islamic insurance. Results: the mathematical form of the takaful-fund models is presented, the distribution is analyzed of a random variable of the resulting insurance fund or the insurance company balance in a particular fixed insurance portfolio. Scientific novelty: calculation are presented of the optimal tariff rate in takaful. Islamic insurance is an innovative area of insurance industry. Actuarial calculations that meet the Sharia rules are still being developed. The authors set the new tasks of actuarial calculations, including the specified changes in the calculation of the optimal tariff rate imposed by the Islamic insurance principles. Practical value: the results obtained can be used in the actuarial calculations of the Islamic insurance companies.
59-68 255
Abstract
Objective: to examine the socio-economic aspects of the Russian economy development under sanctions, to analyze the macroeconomic indicators and to develop a forecast of their development for the period from 2015 till 2020. Methods: the research is based on the following methods: analysis and synthesis, logical approach to the assessment of economic phenomena, synergetic model with elements of statistical, regression and variation methods. Results: using the synergetic model, the control parameters of the socio-economic system were defined and the forecast was made of Russia's macroeconomic indicators development for the period from 2015 till 2020 under financial and economic crisis. Scientific novelty: the development of scientifically grounded theoretical positions and practical recommendations in the field of analysis and forecast of macroeconomic indicators of Russia’s socio-economic development for the period from 2015 till 2020. Practical value: managers at all levels are offered tools for conducting factor analysis, the development of medium- and long-term forecasts of business activities, that will minimize the risks when making managerial decisions under current economic conditions.
69-76 225
Abstract
Objective: to describe the author's methodology for estimating the furniture-making enterprises competitiveness, with a view to carry out the economic evaluation of the efficiency of furniture production, the evaluation of the internal component of the furniture production efficiency, the identification of factors influencing the efficiency of furniture-making companies and areas for improving it through improvements in product range, production and sales policy of the enterprise. The research subject is modern methods and principles of competitiveness management, applicable in a rapidly changing market environment. Methods: in general, the research methodology consists of six stages, differentiated by methods, objectives and required outcomes. The first stage of the research was to study the nature of demand within the target market of a furniture-making enterprise. The second stage was to study the expenditures of a furniture-making enterprise for implementing individual production and sales strategies. The third stage was to study competition in the market. The fourth stage was the analysis of possibilities of a furniture-making enterprise in producing and selling furniture in terms of factor values combinations. The fifth stage was the re-examination of the demand with a view to its distribution according to the factor space. The final sixth stage was processing of data, obtained at the previous stages and carrying out the necessary calculations. Results: in general, the above methodology of economic evaluation of the efficiency of furniture production, based on the previously developed model, gives the managers of enterprises an algorithm for assessing both market and firm-level component of the furniture production efficiency, allowing the subsequent identification and evaluation of the efficiency factors and the development of measures to improve the furniture production and sale efficiency, as well as the assortment rationalization, production and sales policy of a furniture-making enterprise. Scientific novelty: a unique competitiveness estimation technique was developed, which can be applied to both industrial enterprises and furniture-making enterprises. For the comprehensive assessment of competitiveness, a multifaceted six-stage research scheme was used, which takes into account all factors and features of the industrial company evaluation and allows to develop effective tools influencing the particular problem business-blocks of the company. Practical value: the use of this technique helps to promptly develop a plan of measures to improve the furniture production efficiency and assortment policy relevant for the current market demand. The proposed method is characterized by low cost and promptness of implementation, and high efficiency of the obtained data.
77-82 149
Abstract
Objective: to build a model describing the relationship between the level of transport infrastructure development of the region and the level of industrial development in the region. Methods: calculation of the integral indicators of a particular industry development, regression analysis, method of the production function constructing. For regression analysis, the paper uses panel data models with random and fixed effects and the pooled panel data model. To check the quality of the regression model, the Fisher and Student t-tests were used. To test the model for heteroskedastic properties, tests by Park, Glazer, Goldfeld-Quandt and White were applied. Results: models of linear and logarithmic specifications with random and fixed effects were built, as well as pooled panel data models. Significant coefficients of transport infrastructure indicators were obtained in both cases only in the pooled panel data models. The model, which considered the railway density index as one of the characteristics of the transport infrastructure of the region, showed the negative coefficient of this variable. Scientific novelty: for the first time, on the basis of Russian regions statistics, using regression models of panel data, the dependence has been studied between the level of transport development in the region and the dynamics of industrial production in it. As the characteristic of transport infrastructure development, the specially designed integral indicator was used, i.e. the transport enterprises and communications functioning in the region, summarizing several characteristics of enterprises in the industry. Practical value: the obtained results can be used to predict effects of adopting decisions on improving the transport infrastructure in the Russian Federation regions. The results and conclusion can serve as a basis for further research on this topic and be applied in the characterization of the Russian economy. In addition, the results can be used in the educational process in teaching courses related to the Russian economy.
83-91 161
Abstract
Objective: to show that the informatization of state and municipal governance in modern Russia should be aimed directly at reducing costs and improving productivity of the state and municipal authorities, and not at the achievement of indirect performance indicators like “the proportion of documents in digital form". Methods: the method of analysis of the research object condition at various stages of its development, the synthesis of cognition elements followed by synthesis and transition from the singular to the general. General scientific, specific and private scientific research methods were used. Results: basing on the analysis of informatization of state and municipal management it is shown that the main reason for its low efficiency is the current evaluation system based on indirect indicators. Scientific novelty: the efficiency and effectiveness of informatization of state and municipal management are considered from the point of view of consistency and optimal allocation of resources. The scientific justification of performance indicators of informatization in the sphere of state and municipal management is proposed, which is characterized by the blurring of the quality criteria, difficult to express in monetary terms. Examples of such criteria are: cost of rendering of state (municipal) services; physical (geographical, by mode of operation, by convenience) accessibility of services; time of waiting in queue and length of obtaining the service by a citizen, regardless of in which form, traditional or digital, it is rendered. Practical value: the article considers the problems of selecting the efficiency criteria of social control informatization. Specific measures are proposed aimed at improving the efficiency of informatization, including in the framework of realization of the Federal program of the Russian Federation "Informational society" for 2012-2020.
92-101 199
Abstract
Objective: to estimate the efficiency of the state regulation of retail trade and its influence on the formation of competitive advantage in retailing. Method: logical-mathematical. Results: the article considers the methods of retail trade regulation. The factors constraining the business activity of retail chains are analyzed, the factors constraining the business activity of retail networks are revealed. The activities are proposed that would contribute to improving the competitiveness of domestic trade of Russia. Scientific novelty: econometric model has been built that includes 8 factors. Within the model, the influence of the studied factors on retail chains turnover is defined. Practical value: the possibility to apply the obtained results to increase the efficiency of retail trade enterprises and, consequently, their competitiveness.
102-108 194
Abstract
Objective: to develop the research methodology of the competitive position of territories by types of economic activities, to define the relevant types of economic activities and to diagnose their competitive advantages. Methods: a differentiated approach to the analysis of competitiveness based on matrix models of competitive positioning, which allows to identify the relevant types of economic activities of the territory. This approach determined the choice of specific research methods: dialectics, abstraction, systematic, logical, structural, comparative, and statistical. The application of the above methods helped to ensure the validity of the analysis results, theoretical and practical conclusions. Results: in the study were used the experience and knowledge gained during an earlier undertaken series of projects relating to the assessment of economy efficiency of Tatarstan Republic in 2005-2011.Previous reports dealt with the change of the selected industries positions of the Republic, the structure and dynamics of the competitive position of these industries compared to the leading Russian regions. A distinctive feature of the research results presented in this article is a comparative analysis of competitive advantages of economic activities of Tatarstan Republic based on the matrix model of competitive positioning. Scientific novelty: for the first time, the matrix model of diagnostics of competitive advantages of the territory by the type of economic activity was proposed, which allows to identify the priority industrial portfolio and provide targeted management actions to enhance its investment attractiveness. Practical value: the main provisions and conclusions of the article can be used by legislative and executive authorities of the Russian Federation, business community, research institutions and organizations to develop strategies and programs of socio-economic development and territorial planning schemes, priority directions of industrial and investment policy, modernization and innovative growth scenarios.
109-117 181
Abstract
Objective: to reveal the role and nature of innovation advantages of a region as a new phenomenon in the management of regional systems development in terms of economy re-industrialization of the country as a whole, and its raw-material-oriented regions in particular. Methods: the methods included the analysis of fundamental research of the Russian and foreign scientists in the field of regional economy, innovative development, and economic theory. Results: the analysis of the provisions of research on transformation and re-industrialization processes in the country's economy, the consideration of the regional aspect in innovative development and regional management, the retrospective analysis and review of re-industrialization experience in the USSR and other countries allowed to make the conclusion that the regional innovative advantages are a necessary phenomenon in solving the existing problems of the regional economy’s innovative development and implementation of reindustrialization tasks of the economy. The essence of the innovation advantages of the region is revealed. Scientific novelty: for the first time the article presents and explains the concept and role of innovation advantages of a region in the context of solving the tasks of diversified growth and economy reindustrialization. Practical value: the main provisions and conclusions of the article can be used in research and teaching, and in the system of public administration.
118-125 184
Abstract
Objective: to develop methods for analyzing and determining the level of socio-economic development of the Russian Federation subjects towards innovations. Methods: dialectical and systemic approaches to the consideration of economic phenomena and facts, processing and synthesis of information using statistical and graphical methods of analysis. Results: it was determined that the transition to intensive economic growth, as a vital in the long-term strategy for accelerated economic development, is not implemented in all regions of Russia. There are disparities in the level of innovation activity and investment performance. Scientific novelty: the method used for estimating the efficiency of implementing and realization of the potential of innovation-oriented development in the Russian Federation regions was the method of ranking, based on information on the key indicators: labour productivity, capital productivity, sustainability of the regional economy, production of innovative goods, works and services, expenditure on research and development, investment in technological innovation in the region. Practical value: financing and implementation of innovative projects (industrial production and technical innovation special economic zones, technology parks, etc.) proved their efficient impact on the growth and performance of the entire region’s economy. The highest positions in the ranking of innovative development are occupied by the regions with high innovative attractivity and well-developed energy and raw materials industry.
126-133 217
Abstract
Objective: to identify ways of ensuring sustainable socio-economic development of a region under the conditions of Russia's joining the WTO, to offer tools of state regulation. Methods: a systematic approach was applied to the definition of the term, conditions and factors of sustainable socio-economic development of the region; comparative method and situational analysis were applied for the study of the problems of sustainable socio-economic development of a region under the Russia joining the WTO; program-target method and synthesis method were applied for determining the ways of ensuring the socio-economic development of a region under the Russia joining the WTO. Results: the concept, conditions and factors of sustainable socio-economic development of the region were identified; the problems and peculiarities of sustainable socio-economic development of region under the Russia joining the WTO were analyzed. Basing on the analysis of the problems of sustainable socio-economic development of region under the Russia joining the WTO, the path of sustainable socio-economic development of the region was defined. The priority directions of regional economic policy were listed that meet the challenges of sustainable socio-economic development of region under the Russia joining the WTO. Tools of state regulation and forecasting were offered. The necessity of the formation of an effective system of state regulation of sustainable socio-economic development of region under the Russia joining the WTO was proved. The role of the state in restructuring the economy, in the implementation of industrial, social, investment, innovation and food policy was shown, ensuring the safety and sustainability of socio-economic development of the region. Scientific novelty: the priority directions of regional economic policy were elaborated, which, according to the authors, will contribute to sustainable socio-economic development of region under the Russia joining the WTO; also tools of state regulation and forecasting are offered. Practical value: the main provisions and conclusions of the scientific work can be used in scientific and teaching activities in addressing issues of sustainable development of the region; by the state authorities to develop a regional economic policy, forecasts and programmes for sustainable socio-economic development of the region, sectoral development programmes, forms, methods and tools of state regulation and forecasting.

ACCOUNTING, STATISTICS

134-139 174
Abstract
Objective: to reveal the need for separate accounting of income and expenses from business and statutory activities of dwelling-construction cooperative. Methods: in this work, the abstract-logical method of research has been applied. Results: basing on the analysis of normative-legal documents regulating the activities of dwelling-construction cooperatives, the business activities of cooperatives were determined, the income and expenses received by the cooperative from business activity were reviewed. Scientific novelty: the technique is proposed of separate accounting of expenditures from business and statutory activities in dwelling-construction cooperative. Practical value: the main provisions and conclusions can be used in dwelling-construction cooperatives, as well as in research and teaching activity.

THEORY AND HISTORY OF LAW AND STATE

140-146 184
Abstract
Objective: to determine the ratio of different types of state and public control in the sphere of higher education and to propose an optimal model of their interaction. Methods: systemic-structural approach to the analysis of the research object, comparative-legal and logical methods. Results: basing on the regulatory framework analysis, licensing procedures, state and public accreditation of basic educational programs in the field of higher education, critical consideration of the main directions of state policy in the sphere of education, the authors summarize the educational reform, make proposals on improving the legal tools in the sphere of higher education control and supervision in the Russian Federation. Scientific novelty: for the first time, the different parameters of the state and public control in the sphere of higher education were comprehensively examined in the context of compliance with the principles of state management. Practical value: basing on the study of the theoretical foundations and practical examples, the authors make proposals to improve the existing legislation regulating relations in the sphere of state and public control of higher education.

THEORY AND HISTORY OF LAW AND STATE

147-154 171
Abstract

Objective: to clarify the law of good and evil, the function (rule) of justice and to construct mathematical models of political regimes. Methods: 1) observation, analysis and synthesis; 2) deduction and induction; 3) using the laws of formal logic; 4) formal legal method; 5) mathematical modeling; 6) the study of mathematical functions; 7) differential calculus; 8) plotting. Results: the author has deduced: 1) the nonlinear law (function) of good and evil; 2) the non-linear function of justice; 3) the law (function) of political regimes. Scientific novelty: the author has calculated and found: 1) a nonlinear formula: D(Lcol) = -Lcol3, which represents the relationship between the acts of legal (public) relations subjects (D) and thecollective freedom (Lcol) - the law of "good and evil"; 2) a non-linear formula: Y(D) = D3, illustrating the relationship between the acts of legal relations subjects (D) and responsibility for their actions (Y) - a nonlinear function of justice; 3) a non-linear formula that shows the relationship between the individual (Lind) and collective freedom (Lcol) in the negative area of the function definition (collective negative freedom) and a formula reflecting the relationship between the individual and collective freedom in the positive area of the function definition (collective positive freedom); 4) has given a general classification of political regimes in the world describing their functions, showing the types of political systems deformation that occur due to the left-wise and right-wise shifts of collective freedom. Practical value: the possibility to use the obtained scientific results in the development of various legal theories.

155-160 947
Abstract
Objective: to give the definition of law enforcement monitoring, to identify its role and place in the system of legislation quality control and its enforcement, to formulate the principles of its implementation. Methods: general scientific methods were applied (method of dialectical cognition), as well as specific scientific methods of analysis and synthesis, extrapolation, comparative analysis, statistical, formal-legal, logical and other methods. Results: basing on the analysis of regulations of different levels, works of modern researches of the legal problems of the enforcement monitoring, the concept, content and principles of monitoring enforcement were disclosed from the theoretical and legal viewpoints; its place and importance in building the lawful state are shown; the role and place of law enforcement in the political-legal system of the Russian Federation are explained; ways to improve and optimize its position from the viewpoint of the legal science are proposed. Scientific novelty: the authors have made one of the first attempts to summarize the theoretical foundations of law enforcement monitoring and propose the author's classification of the principles of law enforcement monitoring. Practical value: basing on the theoretical findings, the authors propose ways and directions of improvement of the legislation regulating law enforcement aimed at improving the quality of its procedures and effectiveness.
161-170 236
Abstract
Objective: to develop the science-based knowledge about essential and substantial aspects of the current legal reality of Russia in the context of post-classical paradigm. Methods: the methodological basis of this research is the synthesis of classical and post-classical paradigms that determine the choice of specific methods of research: formal-legal, comparative, legal modeling method, hermeneutic, discursive methods. Results: basing on the post-classical methodology, it is proved that the legal reality of Russia consists of three levels: legislation, law enforcement, and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society, expressed in broad application of non-legislative (non-legal) practices, low level of legal culture, legal nihilism and legal infantilism. Scientific novelty: the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value: the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development.

MUNICIPAL LAW

171-176 188
Abstract
Objective: to investigate the mechanisms of citizens and public institutions participation in public control in the municipalities. According to the author, the monitoring process should involve the greatest possible range of subjects, and the controlling measures are to be taken in a transparent and open manner. Therefore, forms of citizen participation in public control should be investigated from the standpoint of the principle of openness of local government. Methods: the universal dialectic method, which was applied to the analysis of norms of the Federal law "On fundamentals of public control in the Russian Federation", which is the legal base for the implementation of the institution of public control. When studying the problem of adequate legal regulation of the control institution, the formal legal method was also used. Other methods were used for evaluation of the acquired knowledge, in particular, comparative legal and systemic-structural methods. Results: on the basis of legal norms analysis, based on the legal nature of the local government institution as the level of public authorities, which is closest to the citizens, the conclusion was made about the lack of legal regulation relating to the public control subjects in municipalities. The numerous public organizations operating in local communities were not fixed by legislative norms as subjects of public control. Scientific novelty: the author has grounded the proposals for amending the abovementioned Federal law, the legislation of Federation subjects, and the municipal regulations by adding a number of new subjects of public control inherent to the municipal level. Practical value: the conclusions and suggestions, formulated in the study, will contribute to the active implementation of public control in the municipalities, will enhance the ability of citizens and civil society institutions to monitor the authorities, and will have a positive impact on transparency of local self-government. The results of the study can be used in law-making and law-enforcement practice, research, and educational process.
177-182 194
Abstract
Objective: to determine the feasibility of implementing public control over local governments under current law. Methods: dialectical approach to the cognition of social phenomena, allowing to analyze them in the context of the totality of objective and subjective factors, determined using the systematic, comparative-legal and formal-logical methods. Results: basing on the analysis of novels in the Russian legislation in the sphere of public control, in particular, Federal Law No. 212-FZ "On the bases of public control in the Russian Federation" of 21.07.2014, the authors make a conclusion on the establishment of a system of public control in Russia at the federal, regional and municipal levels through the activities of such civil society institutions as the Public Chamber of the Russian Federation, Public Chambers of the Russian Federation subjects and the public chamber (councils) of municipalities. However, the study revealed a significant gap in the current legislation regarding the establishment of municipal public control in the absence of controlling subjects - public chambers (councils) of municipalities, the creation of which is not mandatory. On the basis of this study, the authors formulated a proposal to amend the legislation to improve the public control efficiency. Scientific novelty: due to the novelty of the law on public control, adopted in mid-2014, the authors, in fact, made one of the first attempts of interpret the adopted legal norms regarding the establishment of municipal public control in Russia. Practical value: the main provisions and conclusions of the article can be used in scientific and pedagogical activity in the study of the formation and organization of public control in Russia. Suggestions can be used by the legislators to improve the legal regulation of the public control institution.
183-187 188
Abstract
Objective: to propose ways of increasing the activity of Russian citizens through the institution of municipal services. Methods: the methodological basis of the study was a systematic and integrated approach to the analysis of the institution of municipal services. The general philosophical method was used, as well as general scientific methods of cognition (dialectical, systemic, analysis and synthesis, induction and deduction), and specific scientific methods (comparative-legal, formal-legal, historical-legal, sociological, systemic-functional, theoretical-prognostic, linguo-legal methods). In particular, the formal-legal method was used to study the problem of the legal fixation of administrative regulations statuses; the theoretical-prognostic method was used in preparing recommendations to increase the activity of citizens. Results: the municipal services are regarded by the author as a way to meet the needs of the population of a particular territory, and as a way of interaction between local public authorities and the citizens. The issue of the functioning of e-municipalities is studied, as well as the shortcomings in the legal regulation in this field. The problem is discussed of insufficient use of the Internet in the local authorities’ interaction with citizens. The author suggests ways to improve the Federal Law "On the organization of state and municipal services" N 210-FZ of July 2, 2010, regarding the use of the Internet as a means of feedback between the public authorities and the population of a territory. Special attention is paid to normative legal acts, regulating the procedure of municipal services provision, i.e. the administrative regulations of local authorities. The emerging challenges in the legal regulation of the specified institution are identified, the solutions to the identified problems are proposed. Scientific novelty: in 2010, the institution of municipal services has undergone significant modernization, thus, the necessity to its research arose. In this article, municipal services are for the first time examined from the point of view of stimulating the citizens’ activity. Practical value: the provisions and conclusions of the article can be used in the practical activities of local self-government bodies, give impetus to further scientific study of municipal services from the point of view of stimulating the citizens’ activity.

CONSTITUTIONAL LAW

188-196 218
Abstract
Objective: to study the basic laws of the constitutional law functioning of Kazakhstan Republic and the Russian Federation and its subjects in the system of law and legislation as an institutional phenomenon; to study the impact of government form on the constitutional law of the state. Methods: general scientific dialectic approach to cognition (comparative-legal, theoretical, predictive, etc.) and other methods (integral, institutional, situational, systemic-functional, etc.) have been used in combination with the requirements of objectivity, comprehensiveness, historicism, specificity and consistency, generally accepted in the analysis of the state-legal phenomena. Results: on the basis of comparative legal analysis of the Kazakhstan Constitution, the Constitutions and charters of subjects of the Russian Federation, normative legal acts regulating the constitutional-legal relations and research of the views of scientists on this topic, the impact of government form on the constitutional law of a state was examine; a conclusion was made about the significance of the Constitution in shaping the constitutional law. Scientific novelty: for the first time, with the use of the public methods, the role of the Constitution and constitutional legislation of the countries in the development of the modern Russian-Kazakhstan legal discourse was investigated. The impact of government form on constitutional law was analyzed, the concept of constitutional law was proposed. Practical value: the main provisions and conclusions of the article can be used in scientific and pedagogical activity when addressing issues of the role of the Constitution and constitutional law in the development of the legal system and the impact of government form on them.
197-203 204
Abstract
Objective: to study the constitutional-legal framework of official publication of municipal normative legal acts in digital sources. Methods: dialectical, formal-logical, structural-functional methods: comparison, synthesis, analysis, deduction, analogy; interdisciplinary methods: statistical, specifically sociology; specifically legal methods: legal-dogmatic and comparative-legal. Results: the constitutional and legal bases of official publication of municipal normative legal acts in digital sources are desccribed; the historical prerequisites are reviewed, which allowed to create a source of official publication of municipal normative legal acts in the Russian Federation; the scientific approaches are reviewed to the definition of official publication of municipal regulations in a digital source; proposals are made on the mechanism of creation and functioning of digital sources for official publication of municipal legal acts in the Russian Federation. Scientific novelty: for the first time, the article proposes to create a digital resource of the first publication of the municipal normative legal act by combining it with the digital source of official publication of normative acts of the Russian Federation subjects. Practical value: the proposed findings and practical recommendations of this paper can be implemented by the federal bodies of state power, bodies of state power of the Russian Federation subjects, and local self-government bodies.

CIVIL LAW

204-213 254
Abstract
Objective: to study the legal category of sanction. Methods: dialectical, systematic, and logical methods of analysis, synthesis. Results: the study of the legal category of "sanction" has shown that a sanction can be applied on a regulatory or contractual basis (if stipulated by a civil agreement), and as the measures of liability and protection. One of the promising directions of its use is the motivating one - sanctions can provide the legal consequences favorable for those who observe the behavior stipulated by the law. The following is offered as the direction of development of domestic legislation on sanctions: verification of compliance of the sanctions amount and terms with the offences gravity; introduction of previously non-existent sanctions (for example, speculation on food and currency markets); the use of discretionary sanctions as a means of positive legal stimulation of the economy. Scientific novelty: the conclusion is made about the nature of the sanctions; it is proved that the sanction is a legal means, the use of which enables the victim to protect their violated (challenged) rights provided for by the legislation and (or) the agreement, and implies adverse consequences of property and (or) organizational nature for the offender. The sanctions application has its own peculiarities. Their use is aimed at curbing the illegal actions of the offender (debtor), to stimulate them to the proper performance of statutory or contractual duties; often sanctions are aimed at compensating for damage caused to the creditor. A peculiar feature of the sanctions is that they are a necessary component of the legal system. Practical value: the results obtained can be used to conduct economic and legal research relating to the economics and entrepreneurship, in treaty practice, in teaching the disciplines of Civil Law, Business Law, Commercial Law, etc.
214-220 229
Abstract
Objective: by disclosing the legal nature of marriage and determining the conditions of its validity, to investigate the procedure of marriage as the grounds for the emergence of personal non-property rights of the spouses. Methods: historical-legal, comparative legal, formal-logical, systematic and structured, specific sociological. Results: the author’s definition of the concept of marriage is formulated; the necessity is proved of amending the Family Code of the Russian Federation in the Articles on conditions and procedure of marriage. Scientific novelty: the author attempted to present the concept that personal non-property relations between spouses are the basis of marriage, and all other relationships arising between spouses are derived from them. Practical value: the findings and suggestions made in the article can be used: first, in the educational process in the course of Family Law of the Russian Federation, secondl in reforming the Family Law, and third, in law enforcement practice.

CIVIL PROCESS

221-227 232
Abstract
Objective: the relevance of the topic, the insufficient level of its scientific elaboration, predetermined the research objectives, which consist in the analysis of the institution of enforcement proceedings, the identification of key challenges, trends and ways to improve the current system of court decrees enforcement. Methods: the methodological basis of the undertaken research is scientific method of cognition in conjunction with certain specific scientific methods: the laws of formal logic, historical method, comparative legal method, and systematic analysis of theoretical works studied in this work. Results: the emerging trends in the enforcement proceedings reform in the country cannot be considered to be satisfactory in general, although some initiatives seem quite appropriate in case of the proper performance. If you the situation cannot be rectified with the execution of judicial decrees basing on own experience only, it is necessary to pay attention to foreign practices and to provide citizens with the right to an effective judicial protection. Of all approaches to reforming of the enforcement institution analyzed in the article, the preferred for the Russian legal reality is modernization of the existing non-judicial system of enforcement through civil procedural means. Scientific novelty: at present, neither the civil procedure nor the general theory of law has not developed a unified understanding of the civil procedural tools for improving the efficiency of enforcement proceedings. Practical value: the main provisions and conclusions of the article can be used in research and teaching when viewing the issues of the effectiveness of enforcement proceedings.

LAND LAW

228-232 215
Abstract
Objective: to examine the relevant issues concerning the acquisition of land plots in state or municipal ownership, by physical persons and legal entities. Methods: analysis, synthesis, deduction, induction, comparative-legal, dialectic. Results: the form of auction is analyzed, which provides land plots in state or municipal ownership; the right of tenants to purchase land without bidding is explored; proposals are substantiated on improvement of legislation regulating the conduct of the auction for land selling and leasing. Scientific novelty: the study of changes in the Land Code of the Russian Federation and certain legislative acts of the Russian Federation, which came into force on March 1, 2015. Practical value: the main provisions and conclusions of the article can be used for further improvement of the land legislation, and in scientific research.

CRIMINAL LAW AND CRIMINOLOGY

233-239 278
Abstract
Objective: to analyze the disposition of part 1 of Article 173.1 of the Russian Criminal Code and comments to this Article, to identify their shortcomings; to consider problems of practical application of Article 173.1 and to formulate proposals on legislation improvement aimed at increasing the efficiency of counteraction to illegal formation of a juridical person. Methods: a combination of general scientific (induction, deduction, analysis and synthesis) and specific scientific (formal-legal, comparative legal, sociological, content analysis) methods. Results: the paper proposes an analysis of Article 173.1 of the Criminal Code and the current state of law enforcement practice on criminal cases concerning the illegal formation (creation, reorganization) of a juridical person. Basing on empirical material, the authors show the problems in classification of these crimes. The authors conclude that the unsatisfactory results of the struggle against "short-lived" companies result mainly from the imperfection of the existing criminal law, and prove the need for decriminalization of these crimes, simultaneously establishing administrative liability for such acts and excepting Article 173.1 from the Criminal Code or changing its content. Scientific novelty: basing on the existing legal norms, modern scientific literature on the topic, and materials on applying Article 173.1 of the Russian Criminal Code, the article studies the signs of illegal formation (creation, reorganization) of a juridical person, which cause the greatest difficulties in the crime qualification, and sets out the author's proposals on legislation improvement, in particular, an exemplary article of the Administrative Code of the Russian Federation on formation (creation, reorganization) of "short-lived” companies. Practical value: the judgments and conclusions contained in the article can be used in law-making activities (for the development of draft laws on introducing changes and amendments to the criminal and administrative law), in the law-enforcement practice (for the qualification of crimes in the sphere of economic activity), in the scientific research (preparation of theses, monographs, textbooks, scientific articles), in the educational process (teaching the discipline "Criminal law” and special courses on criminal law).
240-247 393
Abstract
Objective: to determine the position of house arrest in the system of preventive measures and to identify the main problems of criminal procedural regulation that prevent its broader use during the preliminary investigation and trial. Methods: dialectical approach to the analysis of social phenomena, allowing to view them in static and dynamic aspect; evolutionary-synergetic paradigm, providing the opportunity to explore the phenomenon under investigation with respect to the system, subordinate and coordinating relationships within the system. Dialectical approach and the evolutionary-synergetic paradigm determined the choice of specific methods of research: historical, comparative law (comparative), formal-legal, statistical. Results: the problems arising with application of house arrest are grouped by author, depending on the structure of the provisions of Article 107 of the Criminal-Procedural Code of the Russian Federation. The first group of problems includes the determination of the location of the accused (suspect) under house arrest and the scope of the legal restrictions imposed. The second group includes the establishment of terms of house arrest and their subsequent renewal, or change of the preventive measure. The third group is the identification of persons to which the house arrest will be the best preventive measure. The results of the study allow to make proposals to change the current wording of Art. 107 of the Criminal-Procedural Code of Russia. Scientific novelty: a comprehensive study of current state of the normative-legal regulation of house arrest in the context of its practical application. Practical value: the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature of preventive measures related to the restraint of personal liberty of the accused.
248-254 224
Abstract
Objective: in the absence in the Russian administrative legislation of the provisions on the procedure and the ways to detect the condition of insanity of a physical person who has committed an administrative wrongful act, there is a variety of law-enforcement acts for the resolution of these issues. In order to further systematize the enforcement acts for the resolution of these issues, we consider it necessary to assess the practical application of the provisions of Article 2.8 "Insanity" of the Administrative Code by the courts in different Russian regions. Methods: the methodological basis of research is the general scientific dialectic method of cognition; the author used methods such as analysis, synthesis, description, explanation. Results: the author has conducted an analysis of practice of application of the provisions of Article 2.8 "Insanity" of the Administrative Code by courts of the Russian Federation. On the basis of this analysis, it is found that courts use different methods of establishing the state of insanity of the person who committed the violation of the legislation on administrative offences. This is due to the fact that the courts base on a variety of actual data when establishing the state of insanity in the resolution of specific cases. These actual data were combined into 4 groups. Each method for establishing the state of insanity was evaluated, which allowed to conclude about the need to organize the actions of individuals, considering the cases on administrative offences, aimed at defining the state of insanity of the offender, and to offer one of the possible options for resolving the identified problems. Scientific novelty: for the first time the analysis of practice of application of Article 2.8 "Insanity" of the Administrative Code was made and the author's assessment of its provisions is given. Practical value: the results of the study can be used for the generalization of judicial practice at the level of the Supreme Court Plenum, which subsequently will ensure the unity and consistency of enforcement actions against persons with mental disorders in the Russian Federation.

CRIMINAL PROCEDURE

255-264 286
Abstract
Objective: to determine the essential characteristics of investigative activities (IA) aimed at undermining the economic foundations of organized criminal structures (OCS); to define the activities; to improve the legislation regulating the investigative activity aimed at undermining the economic foundations of organized criminal structures. Methods: dialectical, formal logic, formal-legal and comparative. Results: basing on the evaluation of opinions of various scholars, foreign and domestic experience, as well as the generally accepted rules of formation of the conceptual apparatus, the authors investigated essential features of investigative activities aimed at undermining the economic foundations of organized criminal structures; the correlation between the studied activities with other areas of combating organized crime are examined. Scientific novelty: for the first time at a scientific level the definition is given of the investigative activities aimed at undermining the economic foundations of organized criminal structures; its place in the system of law enforcement activities is defined; amendments are proposed to the Law "On investigative activity", which allow to legitimise the investigative activities aimed at undermining the economic foundations of organized criminal structures. Practical value: addressing gaps in legislation which might regulate the investigative activity aimed at undermining the economic foundations of organized criminal structures.
265-272 186
Abstract
Objective: basing on the study of appellate procedure for verification of judicial decisions in the Russian criminal process and the legal analysis of the criminal procedure: 1) to research the system of actions and decisions of the court in preparing the case and complaints for checking on appeal, and the problems encountered by legal practitioners at this stage of the criminal proceedings; 2) to develop a series of proposals aimed at improvement of this institution. Methods: the research is based on the universal dialectical method of cognition, the method of comparison, the formal-legal and specific and private law research methods. Results: basing on the analysis of current legislation and practice, the author draws attention to the fact that the law wording, according to which the studied measure of restraint is chosen for the convicted "...until the sentence comes into legal force", leads to uncertainties in the legal status of prisoners. Moreover, the lack of the specific date in the sentence, for which the measure is established, deprives prisoners of the opportunity to put forward the questions of legality and validity of a very long and almost uncontrollable detention. The author insists on returning to the procedure for mandatory discussion of this issue in preparing the case for appeal in a court session, ensuring the rights of all stakeholders. Scientific novelty: it should be noted that in the Russian criminal procedure doctrine and enforcement does not fully take into account the changes in procedural form of the updated appeal inspections introduced by Federal Law No. 217-FZ of 23.07.201315, which clearly indicate strengthening of the public principles the appeal procedure. Therefore, there is a need for more integrated and comprehensive study of both the norms of Chapter 45.1 of the Russian Criminal-Procedural Code16 (CPC), and patterns of the current practice of their application. The results of the study should provide the necessary methodological framework to develop recommendations on improving the legal regulation of this form of judicial protection, a means of optimization of the practical side of the updated appeal proceedings in the Russian criminal procedure. Practical value: the theoretical findings formulated in the study can and should be used in scientific, legislative and practical judicial activities in order to create the optimal form of the new appeal procedure.

INTERNATIONAL PUBLIC LAW

273-279 182
Abstract
Objective: to analyze special measures and safeguards enshrined in the provisions of Art. 7 of the European Social Charter, which provides protection of children and adolescents from the danger of causing physical or psychological harm in the process of their labor, and its implementation in the Labor Law of the Russian Federation, in connection with acceptance of obligations under Art. 7 of the European Social Charter. Methods: comparative legal research method was applied. Results: the comparative legal analysis was carried out of the implementation of measures and warranties, expressed in Art. 7 of the European Social Charter, which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of their employment within the Russian Labor Law; investigation was made of the degree of compliance of norms of the Russian Labor Law with the specified provisions of the Charter and the requirements of European Convention; the necessary measures are listed to fill up the norms and gaps in the Russian Labor Law. Scientific novelty: for the first time, the article presents a comprehensive comparative legal study on the implementation of measures and safeguards embodied in Art. 7 of the Charter, which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of labor activity in the Russian norms of Labor Law; the degree of their compliance with the Charter is determined; practical steps are offered to reform the Russian legislation, with the aim of implementation of the assumed Charter obligations by the Russian Federation. Practical value: the measures for the protection of children, proposed by the author, can be used in scientific, legislative and law-enforcement practice in Russia.

DISCUSSIONS

280-295 208
Abstract
Objective: to analyze the genesis, dynamics, and prospects of destructive processes in the global community of the twenty-first century. Methods: the problem is considered in the form of narrative descript (political philosophy) using scenario-psychological approach, hermeneutic methods of comparative studies and specific analysis of complex self-organizing systems (self-organizing criticality). Results: the pattern was defined of the genesis of quasi-sovereign post-colonial territories as "traumatic inclusions", structurally unable to fit into the global civilization text; the socio-cultural trend was identified towards the "culture of death" and the associated strategic risks were listed. Scientific novelty: we analyzed the secondary process of deconstruction of post-Imperial continental massifs as one of the sources of high risks for civilization when passing the post-industrial barrier; described the probability of extending the range of secular and post-secular destructive ideological alternatives that could serve as an incentive for terrorist activity. Practical value: the findings and provisions of the article are applicable in research and educational practice for the assessment of global risks of civilization, for understanding the genesis and prospects of the current world order, and for development of methods to resist the negative trends and processes associated with new forms of terrorist activities.


ISSN 2782-2923 (Print)