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Russian Journal of Economics and Law

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No 3 (2015)

THEORY OF ECONOMICS

5-16 210
Abstract
Objective: to reveal the correlation between the level of economic system development and the adequacy of economic ideas and conceptions at particular historic periods; to define the role of economic theory in generating economic knowledge, and the degree of its influence on economic subjects' behavior under permanent changes in technology setups and evolutionary development of economic systems. Methods: the research methodology was based on ensuring the uniformity of logical and historical approaches; the research methods were widely used: descriptive, analysis and synthesis, deduction and induction, generalization, observation, prediction, scientific abstraction, statistical analysis, system analysis, and techniques of grouping and classification, methods of comparative historical and interdisciplinary analysis, expert judgment; the combination of these methods allowed to ensure the accuracy of the research and the validity of conclusions. Results: the correlation was revealed between the level of economic system development and the adequacy of economic ideas and concepts at certain historical periods; the significant role of economic theory in shaping the optimal behavior of economic entitieswas identified; the purpose of the economic theory was statedass providing the evolutionary development of our civilization through the process of scientific-theoretical support of business activities of the society. Scientific novelty: the main theoretical and methodological approaches were identified to the formation of economic agents expectations to obtain economic knowledge; the trends are revealed of expansion and qualitative change of the range of issues facing economists-researchers in the development of post-industrial society; the authors’ interpretation is proposed of the notion “economic agents’expectation”, in which public expectations of economic science are viewed as "the formed society need for scientifically grounded economic knowledge"; it justifies the requirement for the formation of economic agentsexpectations, based on the principles of individual and social interestsbalance. Practical significance: conclusions and suggestions can be used by public authorities in the formation and explanation of society's economic policy, as well as representatives of the economic community in conducting applied and fundamental scientific research, and in teaching.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

17-25 125
Abstract
Objective: examination of development of the business environment in the Central and Eastern European Visegrad Group /Czech Republic, Slovak Republic, Poland and Hungary/ in the last ten years, 2004-2014, by determining its influencing factors, and comparison of the results with the experience of the Russian Federation. Methods: approximation of the business environment with the help of five business-entity oriented indicators and analysis of relationship between them and their influencing factors, i.e. areas of competitiveness in the definition of the Heritage Foundation, based on correlation analysis, time series co-integration model and a specific panel co-integration model. Research results: the characteristic feature of the business environment in the Visegrad Group was adapting to integration into regional and global value chains. The main influencing factors of these changes were fiscal, trade and investment freedoms, to a lesser extent - freedom from corruption, as well as membership in the European Union. The development in the Russian Federation was focused on concentration of business activities improving all indicators of the business environment and being caused by third factors. Scientific novelty: first major complex study on the business environment in the Visegrad Group and in Russia, published in the Russian Federation. Practical value: better insight in the development of the business environment in the Central and Eastern European economies and in Russia, which can be used in macroeconomic policies of the Russian Federation
26-37 288
Abstract
Objective: to identify the background and nature of the sanctions imposed against Russia and their impact on the economy. Methods: the methodological basis of the research consists of general scientific methods of cognition, such as: analysis and synthesis, observation, comparison, system approach, expert evaluation, synthesis, contributing to the economic justification of the main conclusions and recommendations proposed in the article. Results: basing on the analysis of the preconditions for the sanctions imposed against Russia, the nature of sanctions is revealed and the definition of this concept is given. The main directions of the impact of sanctions are listed. The damage of the imposed bilateral sanctions to the country’s macroeconomic indicators is assessed. The importance of sanctions is identified and the need for the introduction of counter-sanctions by Russia is determined. The positive and negative consequences from the sanctions imposition are systematized. The factors are determined that can accelerate the economic recovery of Russia under crisis. Scientific novelty: systematization of knowledge about the nature of sanctions; determination of the factors and measures that can accelerate the economic recovery of Russia. Practical significance: the main provisions and conclusions of the article can be used in research and practice when dealing with issues about the nature and trends in economic development and the further development of Russia's anti-crisis program.
38-44 156
Abstract
Objective: to substantiate and develop the stages of the analytical information preparation for negotiations on cost reduction for purchasing activity. Methods: systemic analysis, inductive and deductive methods. Results: basing on the evaluation of the negotiations process for purchasing activity of a large industrial enterprise, the inadvisability is proved of applying the current format of negotiations with suppliers. The article proposes and substantiates the need for analytical work during preparation for the transaction, allowing managers to make economically sound decisions, in the context of negotiations on prices reduction in the process of signing deals with suppliers of raw materials (services). The authors propose a comprehensive method of preparation for negotiations based on the analysis of prices and cost estimates of purchased goods (works, services) and preparation of a report for negotiators and purchasing managers of the enterprise. Scientific novelty: the algorithm of analytical information preparation for negotiations in purchasing of goods (works, services) is elaborated. Practical significance: the possibility to hold and reduce prices in the process of signing economic deals for the purchase of goods (works, services), to improve the quality of negotiations with suppliers.
45-54 210
Abstract
Objective: to identify weaknesses in the anti-crisis plan, approved by the RF government’s resolution No. 98-R dated 27 January 2015, and to propose measures for their elimination. Method: abstract-logical. Results: the author has evaluated the plan of priority measures for the economy sustainable development and social stability for 2015, summarized the experts’ views of the situation in the economy in 2014-2015, and showed the poor reasoning of the anti-crisis measures proposed by the Russian Federation government. The measures to improve this plan were developed: 1) instead of supporting banks, the state should directly subsidize or issue grants to selected small and medium businesses through the relevant departments of the Ministry of Economy; 2) instead of reducing interest rates on loans, to provide organizations with an opportunity to receive subsidies covering a part of the cost of acquired equipment; 3) to encourage the upgrading of the companies’ equipment on terms similar to those of garbage trucks, but with a larger allocation of funds; 4) the government should regulate prices formedicine on the basis of the current market situation for each of them, and not to establish a single percentage for all of them; 5) to temporarily reduce the taxes not accrued in the federal, but not the regional, budget. For example, for 10 years to include organizations, engaged in the import substitution program, in the list of entities that pay VAT at the rate of 10%; 6) to set the range for medium businesses income from 800 million to 20 billion rubles; reduce VAT for small businesses up to 6%, and for medium businesses up to 12%; 7) to extinguish family businesses by setting marginal income of 5 million rubles per year, and the number of employees to 5 people, with two-fold tax cuts; 8) to select measures, implementation of which requires special attention to institutional factors. Scientific novelty: the main issues and options are defined for correction of the plan of priority measures for the economy sustainable development and social stability in 2015. Practical significance: the application of the proposed measures will improve anti-crisis management in the Russian macroeconomy
55-62 127
Abstract
Objective: to determine the role of management in the functioning of enterprises in the poultry industry. Methods: we used general scientific methods of cognition, predetermining the study of socio-economic phenomena, processes and laws in constant development and interaction. While processing the information we used such research methods as statistical-economic, calculating-constructive and economic-mathematical methods. Results: the model of identifying, measuring and assessing of the latent production reserves is proposed, the main areas of operation are recommended that can be used in the practice of labor and intellectual resources management in the companies of the poultry sub-sector of the regional socio-economic system. Scientific novelty: increasing the scientific knowledge in the field of theory and methodology of identifying, measuring and assessing of the latent reserves of poultry development in the region, substantiation of the basic directions of modernization and innovative development of the poultry sub-sector, taking into account the results of the prediction of its main parameters and basic features. Practical significance: the main provisions and conclusions of the article can be used in scientific and industrial activity in the consideration of issues relating to quality management at the enterprise.
63-70 140
Abstract
Objective: to identify the topical issues of forming a region as a social-economic system. Methods: systematic approach, based on general scientific methods of empirical and theoretical research such as observation and comparison, analysis and synthesis, induction and deduction, as well as comparative-historical method, statistical methods, macroeconomic analysis. Results: the major issues of applying a systematic approach to the analysis of the region as a socio-economic system were explored and analyzed. The authors proved the most important features of the system; considered different points of view on the content of the region as a system category; analyzed the basic paradigm of the region functioning; identified specific properties inherent to the region as a system; conducted analysis of the modern Russian and foreign literature, which showed that at present there is no consensus about the structural content of the region as an economic system at meso-level; suggested the authors’ definition of the region category; conclusions were made about the applicability of systematic approach to analyzing a region as a socio-economic system. Scientific novelty:the trends and problems of the region formation as an economic system were specifiedin the form of components of a single social and economic system; the conceptual scheme for the region development as a socio-economic system at meso-level was proposed; the author's definition of the regionwas given. The suggested conceptual framework focuses on regional subsystems, each of which is characterized by resources (capacity), the effective use of which is intended to ensure the sustainable and competitive territory development, while increasing the quality of life of the population under federalism and globalization. Practical significance: conclusions and suggestions can be used by public authorities in the strategic policy development for the effective management of the Russian regions.
71-77 148
Abstract
Objective: to determine the factors of increasing the region competitiveness by defining the industrial potential of its enterprises. Methods: in the research, the systemic, structural, functional, situational, economic analysis was widely used, as well as modelling of the economic entities functioning. The main modeling method used in this work is the model of break-even point widely known and tested in many enterprises. The dependence, proposed by the author, is of analytical character. Results: the article considers different approaches to the definition of competitiveness; the effect of the factors is described. The industrial potential of the enterprises is presented as one of the factors of regional competitiveness. The difference is described between the competitive advantage in commercial and production activities. The author suggests a methodology allowing to evaluate the competitiveness of industrial enterprises through the performance of production capacity, the possibility of making managerial decisions based on the results of its application; the results of the model testing are present. The possibility of applying the model at the regional level is shown. Scientific novelty: the article presents the author’s method allowing to calculate the potential growth of the enterprises competitiveness using the output capacities as the difference between the maximum and actual values of capacity. Practical significance: the use of models in the practice of the company allows to evaluate the enterprise competitiveness, identifying the marginal productivity of the equipment. Once it has been reached, the questions arise: how long the company will remain competitive in achieving 100% capacity utilization; selection of areas of extensive growth due to the fact that the limits of intensive growth have been achieved. Testing of the model was carried out at the Volgograd baking enterprises; it showed a high accuracy of the calculation (the deviation of calculated values from the actual did not exceed 5 %). The author's model is applicable to assess the competitiveness of the region basing on the industrial potential of its enterprises.

ACCOUNTING, STATISTICS

78-83 138
Abstract
Objective: to identify and complement the principles of accounting in autonomous institutions for use in the development of organizational and methodological approaches to accounting in autonomous institutions. Methods: this article uses a dialectical approach to study economic phenomena. Results: analyzing the theoretical, methodological and practical issues of the organization of the autonomous sports institutions under reforming of the public management sector, the author substantiates the accounting principles that meet the objectives of the accounting activities of autonomous institutions; proposes the principle of using the unified methodological tools for the integration of accounting in non-public and public management sectors. Scientific novelty: currently, there is a need to create an accounting system that would meet the requirements of forming the objective and reliable information on the activities of institutions in accordance with the socio-economic tasks for which they are created. To ensure the principles of independence in the commercial activity and control over the targeted and efficient use of budgetary funds, the author systematized and supplemented the accounting principles of autonomous institutions. Practical significance: conclusions and proposals resulting from the study may be used in the practice of autonomous institutions in different sectors.

MATHEMATICAL AND INSTRUMENTAL METHODS IN ECONOMICS

92-101 156
Abstract
Objective: to calculate and justify the probabilistic characteristics of the economic risks of the company selling goods with profit and suffering from the burden of direct taxation. The economic nature and mechanisms of tax risks are described. Methods: probabilistic-dynamic method, based on a few mathematically formulated principles - probability principle, the principle of measurement, etc. The method allows to find the optimal distributions of the phase variables (components of the decisions vector) of the production system, numerical characteristics of which (mathematical expectation, variance, covariance, etc.) bear the necessary information about the optimal properties of the economic actors’behavior. Results: the basic equation of probabilistic-dynamic method - the Schrodinger-Bellman equation - was integrated;the function of state was found; the normal distribution was obtained of the vector of economic decisions in the phase space of the firm. The phase trajectories and the effective areas of the variables dispersion phase were researched. It is shown that at the intersection of the variation areas of normal distributions, corresponding to two different production conditions, there is a possibility of spontaneous transitions between these states, accompanied by losses of capital assets of the company. The transition probabilities and the expression for average losses of working capital were calculated. It is shown that the inclusion of weak field tax perturbation leads to the modulation of the probability curves and average losses obtained earlier in the work by V.A. Slavin and I.N. Urusova "Market dynamics of production-economic system. 2. Transitions between production conditions. Elements of risks theory" for the company in the absence of taxation. The author outlines the nature of modulation of the main characteristics of tax risks related to the fact that the tax field influences the production system by phase trajectories perturbation described by periodic functions of time, their frequency equal to the frequency of technological cycles of the firm production units. The work states a number of correlations between the indicators of production processes and taxation processes. The effect of progressive taxation on the company is described. Scientific novelty: for the first time, the aricle demonstrates the possibility to theoretically describe the economic risks of the taxation company and to establish the economic nature of their essential characteristics. Practical significance: the obtained results allow to form a complex of practical programs, aimed at the optimization of the company performance indicators for the purpose of reducing the probability its assets of loss under taxation.

THEORY AND HISTORY OF LAW AND STATE

102-108 177
Abstract

RETRACTION:
Date of retraction: 13.03.2017
Reason for retraction: Duplicate publication in several editions Additional information about the causes of retraction:

The article "Classification of Possibility in Law", written by Anatoly Vasilyevich Vissarov, Candidate of Law, Mari State University, is a duplicate publication. Information from public databases allowed the editors of the journal "Actual Problems of Economics and Law" to identify a violation of publication ethics. The article of the indicated author, containing essentially the same data and conclusions, was published in another publication with a different title: Opportunity in the Law: Classification // Mariysky Legal Bulletin. 2013. No. 10 (http://elibrary.ru/item.asp?id=25380314)

The article Vissarov A.V. Classification of opportunities in law // Actual problems of economics and law. 2015, No.3 (http://elibrary.ru/item.asp?id=24093441) is retracted with the consent of the author, editor-in-chief and publisher.

The Editorial Board of the Journal, when publishing scientific research materials, bases its performance on the rules of publication ethics observed by the Editorial Board members, reviewers and authors. According to these rules, the author shall guarantee that the article is published for the first time and was not previously published or submitted to another journal. From the side of the editor-in-chief and publisher, the author A.V. Vissarov pointed out the inadmissibility of such actions and decided to withdraw the article from elibrary.ru and the journal's website.

109-119 187
Abstract
Objective: to determine the scientific-methodological foundations of anti-corruption policy. Methods: dialectical approach to cognition of social phenomena allows to explore the combination of objective and subjective factors influencing the formation and implementation of anti-corruption policy. The author's model of anti-corruption policy is based on the wide range of logical methods of information processing: modeling, abstraction, analysis, analogy. Scientific hypothesis and formal legal analysis were also used. Results: basing on comparison of the recent theoretical-legal, criminal-legal and criminological research in the field of legal and anti-corruption policy, the scientific-methodological foundations of anti-corruption policy are disclosed. The authors attempt to systematize the scientific interpretation of anti-corruption policy. The concept of legal policy, its forms, tools, subjects and typesare discussed. As a result, it becomes possible to describe the current anti-corruption policy using terminology from the theory of legal policy. This approach can increase the effectiveness of modern anti-corruption policy, as it allows to clearly see the gaps and shortcomings in law-making and law enforcement during the anti-corruption policy implementation. Scientific novelty: the article makes an attempt to describe the current anti-corruption policy with the use of terminology and models developed in the theoretical and legal research for the characterization of legal policy and its particular directions. Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical work when considering questions about the nature and trends of the modern anti-corruption policy development. The applied approach allows to bring together criminal law, criminology and theoretical-legal research of anti-corruption policy.

CONSTITUTIONAL LAW

120-127 248
Abstract
Objective: to develop a comprehensive scientific conception of the constitutional foundations of the property rights of citizens and organizations for real estate. Methods: general and specific scientific methods, including formal logical methods (hypothesis, analysis, synthesis, deduction, induction). The special methods included historical, legal-technical, interdisciplinary, comparative-legal, systemic and other methods of scientific cognition. Results: first, the Constitution of the Russian Federation does not contain detailed regulation of property relations, as they are regulated by the branches of Civil law. Therefore, as certain property disputes affect substantial property interests of physical and juridical persons which are not under the protection of property rights in the traditional sense, there is a need for a broad interpretation of the relevant provisions of the Russian Constitution. However, the mixing of proprietary and contractual rights in this case does not occur. Second, the Russian Civil Code, reproducing and specifying the constitutional provisions as principles of private law, form a direct normative basis of the whole civil law. However, the constitutional law attributes a broader meaning to the notions of property and property right than the traditional civil law. Third, the possible limitations of the Federal law of the rights of ownership, use and disposition of property, as well as freedom of entrepreneurship and freedom of contract, must meet the requirements of justice, to be adequate, proportionate, be of general and abstract character, be not retroactive and not affect the essence of constitutional rights, i.e. not limit the scope and application of the substantive content of the relevant constitutional norms.The possibility of such limitations and their nature must be determinedby the need to protect the significant values - the foundations of the constitutional system, morality, health, rights and lawful interests of other persons, provision of national defense and state security. Scientific novelty: the article presents the study of the Russian constitutional court and the European court on human rights practices, relatedto the issues of property rights of citizens and organizations on real estate. The author discusses the legal positions of the above judicial bodies in order to identify the legal challenges and gaps in the Russian legislation, as well as to identify the areas for improvement of the civil legislation. Practical significance: the research results can be used for the purposes of law-making to improve the standards of domestic constitutional and civil law. Certain provisions may be usedin judicial practice for the consideration and resolution of cases. Research proposals may also find application in the preparation of curricula, textbooks and teaching courses on "Civil law", "Land law", "Proprietary rights for real estate".
128-133 192
Abstract
Objective: to determine the differences between the legal position and the decision of the constitutional justice authority, to identify the essence of the legal positions of the constitutional control bodies as a complex legal phenomenon and its impact on the legal system of the Russian Federation. Methods: scientific analysis (analysis of theoretical sources); synthesis method; systemic-structural; generalization of materials on the theme studied, structural-functional, historical; specific scientific methods: techno-legal, comparative legal, formal legal. Results: the article defines the concept of the legal position of the Russian constitutional court, the characteristics and essence of the phenomenon; we study the formation of the legal positions of the Russian constitutional court. Scientific novelty: to date in the legal literature there is no consensus on the concept and juridical nature of the legal positions of the Russian constitutional court, their correlation with the decision of the specified authority. The author reveals the essence of the legal positions of the constitutional controlbodies as a complex legal phenomenon and its impact on the Russian legal system, highlights the similarities and differences between the legal position and the decision of the constitutional justice. Practical significance: the theoretical and practical proposals of the author may be used in the improvement of the Russian legislation, as well as in lectures and workshops on the subjects related to the research topic.

CIVIL LAW

134-141 155
Abstract
Objective: to study the legal nature, to reveal the peculiarities of the subject and other essential terms of corporate contracts as a technique and means of legal regulation of corporate relations. Methods: general and specific methods of cognition: dialectical, formal logic (analysis, synthesis, modeling), structural and systemic-functional methods, as well as comparative legal, logical, legal, historical, legal, grammatical methods and systemic interpretation. Results: it is concluded that the object of corporate contracts includes terms about the features of implementation of corporate rights for shares and share in capital assets; conditions (order) of the implementation of corporate rights and approval of other actions related to company management, activity, reorganization and liquidation; the passive duty of corporate organizations to refrain from committing any action (authority), arising from the nature of corporate agreements, as well as the active responsibilities associated with the certain implementation of corporate rights, certified by stocks (shares), rights to stocks (shares). In addition to the subject, the content of corporate contractsincludes other essential (necessary) conditions stipulated by the corporate legislation norms and the agreement of the participants of economic entity. Scientific novelty:for the first time, taking into account modern achievements of civilistic jurisprudence and practice, the authors investigate the relationship between the concepts of a civil contract and corporate contract, give the definition of corporate contract, show the specificity of the subject and other material terms of corporate contracts. Practical significance: the findings can be taken into account in the further research of corporate law issues as sub-branch of civil law, used in law making and enforcement activities, in the educational process as a teaching material in civil law.
142-149 144
Abstract
Objective: to explore the practical issues of changes in the volume and cost of communal resources.Methods: comparative-legal, systemic, legal, logical-theoretical, structural and functional analysis.Results: recommendations have been made on the application of rules on correcting the volume of communal resources; changes and amendments to existing legislation were introduced; some theoretical conclusions can serve as the basis for methodological recommendations and be applied by the personnel of supply companies and regulatory organization (homeowners' associations), as well as regulatory authorities and courts; the research materials can be used in the process of conducting training sessions on civil and housing law.Scientific novelty: the study of the still insufficiently studied civil-legal relations in connection with the adoption of the new rules of communal services, their classification, identifying contradictions, the first comprehensive study of the existing regulation of resources supply and correcting the volumes of communal resources, generalization of judicial practice in this area.Practical significance:the results can be used by lawyers of electricity supply companies and regulatory organization in their professional activity.
150-156 280
Abstract
Objective: basing on the comprehensive study of the content of the category "professional activity", to formulate the author's definition of the researched category as the main feature of assessment activity.Methods: comparative-legal analysis, synthesis, analogy, and logical-systemic methods of generalization.Results: the standardized features of the category "professional activity" are extinguished in relation to any kind of such activity in general, as well as differentiating features of professional assessment activity in particular. The relationship between the concepts of "professional activity" and "business activity" is studied,on the basis of which it is concluded that the professional activity can be both entrepreneurial and non-entrepreneurial; the criteria are proposed to distinguish between these types of professional activity. The author's definition of "professional business" and "non- professional activities" is formulated.The feature of professionalism assessment activity is defined and its criterion is shown. It is concluded that the assessment activity is a professional non-entrepreneurial activity, and therefore it is proposed to consolidate this provision in Article 3 of the Federal law "On valuation activities in the Russian Federation". The author's definition of the category of "professional activity" is developed as the main feature of assessmentactivity.Scientific novelty: in the article for the first time it is proposed to distinguish the types of professional activity from the point of view of compar- ing it with business activity; criteria are established for distinguishing between professional entrepreneurial and non-entrepreneurial activities; definitions of these terms are formulated, as well as the definition of the category of "professional activity". In addition, for the first time the dif- ferentiating features of professional activity, are shown, which are inherent, in particular, to assessment activity.Practical significance: the results of the study can be used to improve legislation on assessment activity, as well as in the legal regulation of other types of professional activity. The proposed conclusions can become the components of the theory of civil rights objects (service rendering) and be used in the educational process in the course of "Civil law (General part)" on "Objects of civil rights."
157-163 230
Abstract
Objective: to analyze the category of "family-legal status of a citizen".Methods: abstracting, formal-logical and comparative methods were used.Results: the article presents the author's conception of the notion and features of the category "family-legal status of a citizen", and discusses the various doctrinal approaches to the problem of the legal status of an individual. The need to make theoretical conclusions about the legal status of acitizen has aggravated. The article for mulates theauthor’s conception of the notion and features of the category of “family-legal status of a citizen”. It also views various doctrinal approaches to the issue of the legal status of a personality. The analysis of the basic legal positions allowed to define the structural elements of family-legal status of a citizen.Scientific novelty: the research revealed the essence and content of the family-legal status of a citizen. The author does not dispute theements of the family-legal status of a citizen proposed by other researchers, but notes that the content of the family-legal status of a citizenshould be disclosed through the system of rights, liberties and duties.Practical significance: the results can be used in scientific research in the area of family law.

LABOR LAW

164-171 234
Abstract

RETRACTION:
Date of retraction: 13.03.2017
Reason for retraction: Duplicate publication in several editions Additional information about the causes of retraction:

The article "Implementation of production function of labor law as a means of achieving the social stability in Russia", written by Tatyana Aleksandrovna Izbienova, Candidate of Law, Mari State University, is a duplicate publication. Information from public databases allowed the editors of the journal "Actual Problems of Economics and Law" to identify a violation of publication ethics. The article of the indicated author, containing essentially the same data and conclusions, was published in another publication with a different title: On the issue of implementing the production function of labor law // Mariyskiy yuridicheskiy vestnik. 2015. No. 2 (13) (http://elibrary.ru/item.asp?id=24072022).

Article by Izbienova T. A. Implementation of production function of labor law as a means of achieving the social stability in Russia // Actual problems of economics and law. 2015. No. 3 (http://elibrary.ru/item.asp?id=24093449) is withdrawn with the consent of the author, editor-in-chief and publisher.

The Editorial Board of the Journal, when publishing scientific research materials, bases its performance on the rules of publication ethics observed by the Editorial Board members, reviewers and authors. According to these rules, the author shall guarantee that the article is published for the first time and was not previously published or submitted to another journal. From the editor-in-chief and publisher, the author T.A. Izbienova pointed out the inadmissibility of such actions and decided to withdraw the article from elibrary.ru and the journal's website.

CRIMINAL LAW AND CRIMINOLOGY; СRIMINAL PROCESS LAW

172-194 172
Abstract
Objective: to determine the place and importance of mediation in the system of measures for combating crime in modern Germany.Research methods: dialectical method of cognition, comparative-legal, legal-historical methods.Results: basing on the analysis of the legislation of Germany and other states, regulating the issues of restorative justice, and of literary sources, the author discloses the content of mediation and its place in restorative justice in Germany, as well as the prospect of using this tool for combating crime. Scientific novelty: for the first time in the Russian scientific literature, the analysis of mediation and its practical application in Germany is presented. Practical significance: the key issues and conclusions of the article can be used in scientific and educational activities in the implementation of comparative legal studies of the mediation institution.
195-201 172
Abstract
Objective: to determine which of the effective methods of corruption prevention implemented by different countries can be used in the modernRussian conditions.Methods: a systemic-structural approach to the analysis of the object of research, comparative legal, comparative-historical, and logical methods. Results: the specifics of the struggle against corruption in Denmark, Germany and Australia is analyzed; the dependence is demonstrated that exists between the territory of the state, its structure, size of the population and areas of greatest concentration of corruption crimes; the conclusion is made about the dependence of the methods of preventing corruption in a particular state not only on its geographical features, population size and density, but also on socio-political and economic stability, customs and traditions, the role of religion; the measures for the corruption prevention are listed, which the authors consider possible to use under the modern Russian conditions.Scientific novelty: for the first time, the article comprehensively examines the different methods of corruption prevention, implemented in dif- ferent countries, and provides practical recommendations on measures for effective corruption prevention in Russia on the basis of national and international experience.Practical significance: basing on the study of the theoretical foundations and practical examples, the authors made suggestions for improving the existing methods of effective corruption prevention in Russia, taking into account national and international experience.
202-209 185
Abstract
Objective: basing on the study of criminal legislation and practice of its application in criminal cases of murder by mother of the newborn child to assess the validity of fixing in Article 106 of the Criminal code of the Russian Federation signs that allow to include the specified offence of a privileged group, as well as the possibility of the release of guilty in connection with reconciliation with the victim.Methods: the basis of research is universal dialectic method of cognition, historical and formal-legal methods, and special and private law research methods, including criminal-statistical method of documents analysis (more than 60 sentences by the Russian courts in 2010-2014).Results: the historical-legal analysis shows that only in the current criminal law homicide of a newborn child by the mother is classed among the privileged crimes. However, the circumstances, determined by the legislator as crime mitigating, arouse discussion and criticism. The study of the law enforcement practice shows that in all mothers found guilty under Article 106 of the Criminal Code, the goal to get rid of the child was formed long before birth-giving, the murder was cold-bloodedly planned and executed with great cynicism. The authors substantiate the conclu- sion that the signs, that reduce the risk of the homicide of a newborn by the mother, should include only traumatic situation and the mother’s state of mental disorder, not excluding sanity. The paper also substantiates the proposal for a legislative ban on the termination of criminal prosecution due to reconciliation with the victim in criminal cases, the consequence of which is death of a person.Scientific novelty: basing on the analysis of judicial practice, the socio-demographic characteristics of women is proposed who were convicted under Article 106 of the Criminal Code, together with aggregate materials on the criminal-legal measures applied to perpetrators. The paper for- mulates proposals and recommendations on improvement of the Article 106 of the Criminal Code, the implementation of which will ensure the criminal-legal protection of the life of babies.Practical significance: the theoretical findings formulated in the study can be used in the research activities on further investigation of the con- sidered crime, and the implementation of proposals aimed at improving the legislation will ensure the inevitability of criminal responsibility of mothers, who deprived their newborn children of their lives, as well as the differentiation of criminal prosecution of women whose goal to get rid of the child was formed long before birth-giving, and the murder was cold-bloodedly planned, and those who deprived the newborn of life, being in a psycho-traumatic situation or in a state of mental disorder, not excluding sanity.
210-215 222
Abstract
Objective: to review and analyse the Russian criminal law in the aspect of forced labor, taking into account theexisting historical practice; to assess the implementation of this type of punishment, to identify the existing problems and to propose certain measures to overcome them.Methods: dialectical, historical-legal, comparative legal, systemic.Results: the research discloses the issues of increasing the efficiency of forced labor in the Russian criminal law, defines and discusses thedisput- able issues that may arise during the use of this type of punishment, proposes specific ways and recommendations for their solution.Scientific novelty: the article analyzes criminal punishment in the form of forced labor, and discusses issues of increasing the efficiency of this punishment and its enforcement.Practical significance: the main provisions and conclusions of the article can be used in scientific, educational and practical activities when considering sentencing in the form of forced labor.
216-223 417
Abstract
Objective: to identify goals, objectives and functions of the expertise of normative legal acts (NLA) and to disclose their contents through the essence of law, which will improve the quality of the expertise.Methods: dialectical, formal-dogmatic, comparative, functional analysis, synthesis.Results: the definition is proposed of the purpose of the normative legal acts expertise as assurance of the law quality, the achievement of which is impossible without performing tasks defined in the article. Accordingly, the two functions of the NLA expertise are determined, which are aimed at identifying of what is the inverse of the quality of law: the legal-technical and social functions. The legal-technical function is aimed at solving the task of establishing formal certainty, clarity, unambiguousness and consistency of the rule of law, namely the rights, duties and prohibitions, conditions of their emergence, change and termination, as well as measures of state protection. The social function is aimed at solving the task of identifying social benefits of participants of the regulated relations, established in the regulatory acts.Scientific novelty: the content of goals, objectives and functions of the expertise of normative legal acts is revealed through the essence of law, which, from the formal-legal side consists in ordering social relations with formally-defined rules of behavior, and from the social side - in finding out in favour of whom the social relations are regulated.Practical significance: accurate determination of the NLA research directions will provide continuity and consistency of NLA expertise and verifiability of the results.
224-229 155
Abstract
Objective: basing on statistical data and generalized empirical material, to study the structure and dynamic properties of the penitentiary crime, which are necessary to elaborate measures to prevent crimes involving the penitentiary system.Methods: comparative-legal, logical-juridical, analysis of documents, survey results, statistics and litigation.Results: basing on the analysis of more than 1,400 convictions for committing crimes by convicts while being imprisoned, as well as statistical indi- cators of crime in penitentiary institutions since 2005, it is proposed to divide all the recorded facts of crime into categories. This will allow to define some categories of crimes committed in penitentiary institutions. Comparing the results of the analysis of judicial practice, the survey of the staff, and the statistical reports suggests that convicts with two or three convictions are most likely to commit crimes in the penitentiary institution. In our view, an effective incentive to forgo crimes and resocialize may be a legal norm regulating sentencing for offences committed during the period of serving the sentence (Article 68 of the Criminal Code of the Russian Federation "Sentencing for the offence during the period of serving the sentence "). Scientific novelty: the conclusion is made about the need to extinguish the risk groups by committing crimes in penitentiary institutions. The proposals are formulated to supplement the criminal law.Practical significance: the materials and conclusions of the article can be used in law-making activity for the development of draft laws on amend- ments and additions to the Criminal Code of the Russian Federation, in scientific work in the preparation of the dissertation research, monographs, textbooks and articles, teaching the courses "Criminal law" and "Criminology", as well as courses for qualification promotion.

CRIMINAL PROCEDURE

230-237 164
Abstract
Objective: to consider the historical and legal aspects of the use of prejudgement in the criminal procedure and to allocate its characteristic fea- tures as of a systemic object; to disclose the key system elements of the mechanism of legal regulation of prejudgement in the criminal procedure. Methods: the basis of the research was historical-legal method and systemic-institutional approach to the analysis of regulatory processes, as well as special and private law research methods, elements of structural-functional approach with formal logical analysis.Results: the evolution is shown of formation and development of the prejudgement institution; the necessity is grounded of systemic-holistic analysis of prejudgement legal regulation in the criminal procedure. According to the author, it is a systematic approach that will allow to create the effec- tively functioning prejudgement institution. The article investigates the content side of the prejudgement institution in the criminal-procedural law. Scientific novelty: for the first time, the article discusses the prejudgement institution as a system of interrelated elements. In this context, the substantial side of this system is characterized.Practical significance: the research results and conclusions can be used in research, legislative and applied activity for the effective application of the principles of prejudgement opportunities in the criminal procedure.
238-243 202
Abstract
Objective: basing on the research of existing doctrinal developments, current legislation and law enforcement practices, to analyze the place and role of procedural liability in the system of legal liability, to develop recommendations on improvement of normative legal regulation of this institution. Methods: the research is based on the dialectical method of cognition, the method of comparison, historical, formal-legal, and special and private law research methods, forecasting method, logic, formalization, and methods of legal and comparative legal analysis.Results: the article contains a comprehensive analysis of liability for procedural law violation. Legislative measures are proposed, which are aimed at improving the efficiency of procedural relations protection.Scientific novelty: on the basis of the conducted research, it is proposed to delete from the current arbitration procedure, civil procedure and criminal procedure the law provisions that impose legal liability for procedural violations, and to stipulate the administrative responsibility through making amendments in Chapter 17 of the Administrative Code.Practical significance: the theoretical findings formulated in the articlecan be used in the implementation of the reform of legal regulation of the legal procedure and in law enforcement, when implementing legal liability in the legal procedure. This will be a powerful stimulus for improving the law regarding the implementation of legal liability in the sphere of procedural relations.

INTERNATIONAL LAW

244-254 170
Abstract
Objective: the present study is carried out to analyse the provisions of the European Council and Parliament Directive 2011/24/EU on the patients' rights protection in cross-border healthcare, the doctrine and practice of the European Court in this area for future comparative legal analysis of the legislation of the European Union (EU) on the rights protection of cross-border patients with the legislation of the Union state (Russia and Belarus), as well as the Eurasian Economic Union.Methods: general and specific scientific methods of research were used, including systematic and structured, problem-theoretical, formal-legal, logical methods, etc.Results: the provisions of the Directive 2011/24/EU were analyzed, regarding the rights of patients who use health services or receive medical emergency aid on the territory of another member state of the EU; the doctrine and practice of the European Court in the field of cross-border healthcare were studied and analyzed.Scientific novelty: for the first time the analysis of the Directive 2011/24/EU was carried out, which synthesized the recent practice of the Euro- pean Court in the field of cross-border healthcare, establishing new regulations to ensure high quality and efficient health service in the territory of another member state of the EU; the assumptions were studied and analyzed that have been the reasons fro codification of patients' rights at the supranational level.Practical significance: the researched provisions could be used in law enforcement, scientific and legislative practice in the implementation of patients' rights in cross-border aspect of the Union states of the Russian Federation and the Republic of Belarus, and with the deepening of the Eurasian integration - by the Eurasian Economic Union.

FINANCIAL LAW

255-265 197
Abstract
Objective: to examine the positive and negative experience of China's joining the World Trade Organization (WTO), that joined it on terms similar to the Russian ones, for the best understanding of the advantages and disadvantages of joining and building the appropriate policy.Methods: the objective of the work has been achieved through the application of both general and specific scientific methods. In particular, the analysis and synthesis allowed to study the social and economic context of the state in the framework of joining the WTO, the consequences of such membership, and to identify the key areas for improvement of this step for Russia. Statistical techniques were used in the process of gather- ing information about the key economic indicators. The fundamental method was comparative-legal, which made it possible to draw parallels in joining the WTO by various states.Results: basing on the measures taken by China, both before and after joining the WTO, as well as evaluation of their implication, the conclu- sion was made about its successful experience. The actions before joining were very effective. In particular, they are applicable to the fields of agriculture, automotive industry, investment policy, etc. The measures of non-address subsidizing, maintaining the socio-economic stability in the country, the export orientation of the economy, along with functioning of special economic zones with joint ventures, are, in the authors' opinion, constructive actions for Russia’s adaptation to the WTO.Scientific novelty: for the first time, the thesis is put forward about the similarity of the Russia and China conditions when joining the WTO. The analysis is made of the complex measures preceding and following the joining. The necessity is grounded of reflecting the China's positive and negative experiences in the Russian policy.Practical significance: the main provisions and conclusions can be used in the research activity, in addressing the issues of Russia’s economic development. Moreover, this work can form the basis for the development of recommendations for improving the actions of Russia in the frame- work of joining the WTO.
266-271 162
Abstract
Objective: to consider the protection of both the state and the taxpayer in order to improve the implementation of laws and decisions of tax bodies, basing on the fact that the central problem of tax legislation is the problem of non-execution of the Taxation Code and judicial acts.Methods: general and specific scientific methods of research were used, including systematic and structured, problem-theoretical, formal-legal, logical methods, etc.Results: the reasons are analyzed of non-execution or improper execution of legislative acts and court decisions by taxpayers. It is concluded that the taxpayer has fewer possibilities to force the tax body to execute the court decision, while these possibilities of the taxpayer are hidden in the Taxation Code. Recommendations are given to increase the opportunities for taxpayers to protect their rights from the arbitrariness of bureaucratic bodies; means of taxpayers’ rights protection are systematized.Scientific novelty: the main problem of non-execution of the laws and decisions of tax bodies is the presence of persons who do not fulfill their responsibilities as taxpayers. In addition, the reasons of non-execution of laws and decisions of tax authorities are not systematized, as well as the issues of combating these trends and the statutory possibilities of the taxpayer’s non-execution of the laws and decisions of tax bodies as a means of protecting their interests. However, the development of the law enforcement system can be achieved by improving the taxpayers’ rights protection. The author proposes specific measures to improve the taxpayer protection, which will increase the citizens awareness and the budget replenishment. Practical significance of the study is to protect the state by improving the protection of every citizen and legal entity. The taxpayer should know that the state is not only a punitive mechanism, but a mechanism that can protect a particular taxpayer.

DISCUSSIONS

272-278 173
Abstract
Objective: to determine the possibility and probability of Balkanization of the Ukrainian-Russian inter-societal relations.Methods: the need to study the main factors affecting the state of the modern Russian-Ukrainian conflict in its ethno-political dimension, with the predominat focus on intersocietal relations, determined the use of the historical-genetic, comparative-historical and typological methods of investigation, integrated with the systemic approach.Results: the main parallels are shown that occur when comparing the ethno-political situation in the Balkans and, above all, the Serbian-Croatian relations, with the current Russian-Ukrainian conflict, mainly at the level of relations of Russians and Ukrainians as ethnic groups. The ethno-social and ethno-political differences of the genesis and current state of both conflicts do not provide a sufficient basis for specific predictions about the inevitable Balkanization of the Russian-Ukrainian conflict.Scientific novelty: the article proves the inconsistency of unambiguous similes of the Russian-Ukrainian conflict and inter-ethnic Serbian-Croatian conflict at inter-societal and associated levels; it shows the significant differences of the conflict situations that do not lead to dogmatic conclusions about the development of the Russian-Ukrainian relations by the Yugoslavia scenario.Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activity in the study of ethnos and ethnicity, in the analysis of ethno-political processes in modern Ukraine and consideration of the status and prospects of the development of Russian-Ukrainian relations.
279-283 139
Abstract
Objective: basing on the analysis of the current situation in Ukraine, to formulate the possible forecast of the country’s future.Methods: the disputable nature of the research determined the use of such methods of cognition as historical method, methods of analysis and synthesis, as well as generalization and observation.Results: the article, based on the personal memories, analysis and subsequent interpretation of the current situation in Ukraine, discusses the genesis and fundamental causes of the current political, economic and socio-cultural problems of the formerly most developed and attractive Republic of the former USSR.Scientific novelty: theoretical comprehension of the historical imperative of occurrence and subsequent development of the crisis in Ukraine and the author's vision of the prospects of solving the situation.Practical significance: is ensured by the presentation of a modern perspective on the genesis of the Ukrainian crisis, based on personal experience, direct observation and analysis of the ongoing political and socio-economic events.


ISSN 2782-2923 (Print)