No 4 (2015)
THE DIALECTICS OF ANTI-CORRUPTION
5-8 234
Abstract
Objective: The purpose of the opinions presented in this paper is to update promising models of implementation of anti-corruption measures and procedures with respect to investment and foreign economic activity that are implemented in regional policy format. The methods that served as the basis for the contents and conclusions presented by the author are contained in the general means of cognition: systemic approach, comparative law analysis, hypotheses testing. The academic novelty of this paper consists in a comprehensive consideration of a specific research subject, that is, prevention of manifestations of corruption using general and specialised prevention means with a view to safeguard the investment attractiveness of regional economy (as illustrated by the example of the Republic of Tatarstan). The practical significance of the paper is determined in its resolution part where scientifically grounded recommendations on the organisation of the prevention of manifestations of corruption based on a package of measures are set forth, among them: ensuring the quality of normative law regulation of the activities of subjects of investment operations, special anti-corruption awareness raising for law enforcement officials from amongst public functionaries, forming and implementing principles of due diligence in interacting with contracting parties which allows to avoid manifestations of corruption and their adverse consequences.
9-15 179
Abstract
Objective: to develop a methodology for identifying the types and subtypes of economic activities at risk of environmental corruption in Russia.Methods of research: the typology of the interaction of meso- and nanoeconomic systems in the context of environmental risk of corruption on the basis of a comparison of the results of correlation and regression analysis of the influence the net financial result of activity of organizations and average monthly nominal accrued wages of employees of organizations on the volume of emissions of pollutants from stationary sources in terms of types and subtypes of economic activity in Russia. Research results: the approach to the organization of countering corruption in the context of the author's concept of the ecological nanoeconomics; developed a method of economic and mathematical analysis of environmental risk of corruption; justified composition of the array of statistical indicators to empirically underpin the author's approach towards the fight against environmental corruption; identified types and subtypes of economic activity, the environmental risk of corruption in Russia; the perspective development of the author's approaches to corruption prevention in Russia and other countries of the world. Scientific novelty: the notion of «nanoeconomics» was first introduced to the scientific and deterministic definition of«environmental nanoeconomics», demonstrated the introduction of the following concepts - «nanoeconomics of enter- prise», «nanoeconomics project», «nanoeconomics of the region», «nanoeconomics of the country»; it defines the essence of corruption in the context of dialectics of interrelation of interests of nanoeconomics with the interests of micro-, meso-, macro- and megaeconomics; the developed approach on the application of economic-mathematical methods for the early diagnosis of environmental corruption.Practical value: approach to application of economic-mathematical methods for the early diagnosis of environmental cor- ruption it is advisable to use within pedagogical, research and analysis, and to develop guidelines for diagnosing the risk of corruption; the approbation of the author's methodology of identification of types and subtypes of economic activity, the environmental risk of corruption in Russia, will allow to improve the quality of anti-corruption measures in the implementa- tion of environmental policy of Russia and other countries of the world.
16-25 199
Abstract
Objective: to determine the reliability and objectivity of information to the population, on the functioning of police in Volgograd oblast. Methods: sociological (absentee polling in the form of a questionnaire); statistical; logical; documentary; graphic; method of systemic analysis. Results: the opinions of the population on police are extremely controversial. It is connected mostly with the sources of information, whichmostly are not reliable and objective.The article shows that, despite the growth of victimization, the level of anxiety of the population about the criminal attacks is gradually reduced, and the sense of security in citizens is strengthened, though often due to their personal efforts (to protect their life, health and property). Only every fifth citizen relies on the participation of law enforcers in ensuring security and public order. The survey revealed that about half of the citizens, who are potentially interested in the reaction of law enforcement officers to the crime, actually agree to leave the offender unpunished due to the mistrust of the police. A third of claimants were unsatisfied with the police action on their application, which does not correlate with the declared numbers.The opinion of Volgograd citizens on the frequency of bribery among police officers remains unchanged, whereas other malfeasances received a significant increase. And, despite this, the attitude of the respondents towards the police in general has improved. Mostly it was the result of media activities that inform the public about successful police work using TV shows, documentaries and feature films. The successful work of the police is also confirmed by statistic that shows the rapid decline in recorded crime.Scientific novelty: for the first time, on the basis of a combination of various methods, the reliability and objectivity of information to the population is investigated, on the police of Volgograd oblast.Practical significance: the main provisions and conclusions of the article can be used in research and teaching in the consideration of people's assessment of the activity of modern police in Russia.
26-35 226
Abstract
Objective: to study the types of corruption. To research sources of corruption and defects of corruption control mechanism. To propose ways of solving the problem of corruption.Methods: methods of analysis, synthesis, analogy and summarizing were used.Result: The reveals the imperfections of the systemic mechanism of corruption counteraction and analyzes its causes. The stages and scope of imperfections are also indentified. The world economical inequality, which determines the lawmakers’ activities, is a big concern of corrup- tion controlling system. Biometric signature may be used as individual identification at all finance-related performance will identify the corrupt personals at all levels.Scientific novelty: As it is stated in the article, many dimensions of corruptions may be eliminated with the help of regulatory devices or a total digital controlling system.Practical significance: introduction of the digital controlling system will allow to identify and control the corrupt officials at all levels and help to efficient struggle against corruption.
36-41 219
Abstract
Objective: scientific and legal evaluation of new corruption counteraction tools in the Russian Federation subjects, stipulated by the Decree of the President of the Russian Federation No. 364 of 15 July 2015, and proposals for their use and improvement.Methods: dialectical, systemic and synergistic methods as general scientific methods of cognition, formal-juridical analysis of documents, expert assessments, linguistic as private scientific methods of cognition.40Диалектика противодействия коррупцииThe dialectics of anti-corruptionАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Results: the authors assess the legal regulation and organization of activity of commissions for the coordination of corruption counteraction in the Russian Federation subjects and their authorities on corruption and other offences prevention, and propose measures for their improvement.Scientific novelty: for the first time after the adoption of the Decree of the President of the Russian Federation No. 364 of 15 July 2015, the main directions to improve the regional subjects of corruption counteraction are defined.Practical significance: the organizational and legal measures are proposed for improving and ensuring the activities of regional subjects of corruption counteraction.
42-49 189
Abstract
Objective: to determine the factors affecting the efficiency of civil society representatives accredited by the Russian Ministry of Justice as independent experts authorized to conduct anti-corruption expertise of normative legal acts and their drafts, as well as the main problems faced by independent experts in conducting the anti-corruption expertise of normative legal acts and their drafts (by the example of Saratov oblast).Methods: general scientific methods of theoretical cognition and sociological method of empirical data collection (in-depth interviews).48Диалектика противодействия коррупцииThe dialectics of anti-corruptionАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Results: the main problems are revealed associated with low efficiency of the institution of independent anti-corruption expertise; compre- hensive proposals are developed for improving its effectiveness; in particular, it is proposed to establish administrative responsibility for failure to give (ignoring) a reasoned answer to the conclusions submitted by independent experts; to stipulate additional requirements for applicants (natural persons) for obtaining the status of an independent expert (other than those currently stipulated: higher professional education and work experience in the specialty not less than 5 years); when developing the next National plan for corruption counteraction in Russia, to include instructions to the Russian Ministry of Justice on the organization of monitoring of the accredited independent experts efficiency, as well as on preparing and periodi- cally publishing the e-Bulletin, dedicated to independent anti-corruption examination; it is necessary to stipulate liability (in the form of depriva- tion of the independent expert status) for deliberately false anti-corruption expertise, and for anti-corruption examination in the case of lobbying.Scientific novelty: it is concluded that the key directions to increase the efficiency of independent anti-corruption expertise of normative legal acts and their drafts are: a more detailed regulation of the status of the independent expert and the interaction of developers of normative legal acts with independent experts, including the regulation of procedures of monitoring of independent experts’ functioning.Practical significance: implementation of the proposals will enhance the work of civil society representatives accredited as independent experts.
50-59 199
Abstract
Objective: to determine the specific forms of corruption and promising methods to counteract corruption in network trade.Methods: the combination of inductive observations, comparisons, generalizations, facts and trends of corruption in network trade with a logical analytical deduction of economic theories and the corruption concept are the basis of the study and provide an opportunity, on the one hand, to assess the level of compliance of theoretical concepts of corruption with the practice and, on the other hand, to determine their applicability to organize opposition and create conditions to prevent its occurrence; to summarize the features of corruption in the form of a kickback, the discourse method was applied in this work.Results: on the basis of theoretical provisions and facts of corruption in trade, it is proved that it has typical characteristics of corruption in commercial and non-profit organizations. The key reasons are identified why corruption occurs in trade. Among them, supply of poor quality goods at inflated prices, leading to bribery in the form of «personal bonus» to administrator of the trading organization when selling goods by57Диалектика противодействия коррупцииThe dialectics of anti-corruptionАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4an unscrupulous supplier, and also supply goods to the trade organizations, which will not buy without kickback. Most of these corrupt deals are carried out by natural monopolies in the form of state and municipal procurement. In some cases, the kickback is the argument, stimulating the decision to introduce new and advanced technologies. The factors that lead to corruption in trade are listed, and reasonable methods to counteract it are grounded, allowing to create conditions for its eradication in other branches of business as well.Scientific novelty: for the first time a generalization has been made about the deficit as the driving force in the mechanism, when the bribe- givers and bribe-takers change places.Practical significance: the main provisions and conclusions of the article can be used in the research of specific forms of corruption and in the developing methods of combating corruption both in trade and in other business areas.
60-67 223
Abstract
Objective: to generate scientifically based knowledge about the possibility of implementing the post-classical methodology to the study of corruption counteraction issues in Russia.Methods: the methodological basis of research is post-classical paradigm of the world outlook in the form of anthropological-legal methodol- ogy, which determined the choice of specific research methods: comparative, hermeneutic, and discursive.Results: corruption counteraction in Russia is largely based on the legal transfer without consideration to national legal traditions. The lack of connection with legal experience reduces the effectiveness of activities in this area. This paper argues that it is impossible to address the issue of fighting corruption without solving the conceptual problems associated with cultural and other self-identification of the Russian society as a traditional one, as well as with the role of unwritten law in regulating social relations.Scientific novelty: for the first time in the Russian legal science, the anti-corruption policies in Russia are analyzed in the anthropological context. Practical significance: the main provisions and conclusions of the article can be used in research and teaching in addressing issues about the nature and content of legal development, practical activities of law-making and law-enforcement authorities in the formation of effective corrup-tion counteraction system in Russia.
68-75 229
Abstract
Objective: to substantiate public necessity, to define the subject, methodological and organizational capabilities of anti-corruption expertise of law enforcement acts.Methods: universal dialectic-materialistic method was used to study the needs in anti-corruption expertise of law enforcement acts in the mechanism of legal regulation; based on it, general scientific and special (formal legal and comparative legal) methods of research used for the definition of subject-matter of the proposed expertise.Results: the value of anti-corruption expertise of law enforcement was shown, corruption factors and corruption indicators enabling legislation were identified, ways of conducting such examinations were proposed.Scientific novelty: the article examines the need and the subject, proposes methods of a new type of anti-corruption expertise.Practical significance: the conditions of corruption are defined, which are created in law enforcement activities, and methods for their detec- tion are proposed.
76-83 251
Abstract
Objective: to identify the disputable issues of criminal-legal regulation and problems of criminal law norms application, establishing liability for mediation in bribery. Basing on the analysis, to propose ways to resolve some of them.Methods: for the accuracy and completeness, general and special methods of scientific cognition were applied. The general methods include historical-legal, logical-legal, comparative legal methods, systemic analysis and synthesis. Special methods are study of documents and content analysis; expert evaluation method.Results: the authors came to a conclusion about the need to reform the law concerning the criminal liability for mediation in bribery. One of the solutions to the problem is to change the disposition of Article 291.1 of the Criminal Code. However, a comprehensive analysis of the problems of application of this regulation and the norms of the General part of the Criminal Code indicates that there is no need to legislatively confirm the criminal liability for mediation in bribery.Scientific novelty: the complex analysis of problems of the application of Article 291.1 of the RF Criminal Code has been made, which serves as the basis to justify the inconsistency of this provision of the criminal law; a proposal is made to make amendments in the norms of the General part of the Criminal Code of the Russian Federation relating to the concept of accomplice of the crime.Practical significance: the results can be used in the reforming of criminal legislation of the Russian Federation, and also at the further research of problems of differentiation of liability for bribery.
84-95 206
Abstract
Objective: to identify the main problems faced by the Chinese justice in anti-corruption prosecution, and to find their solutions.Methods: the method of analysis, theoretical methods of cognition.Results: the article attempts to systemically analyze the lessons of history and legal issues facing in the implementation of anti-corruption prosecution in the Asia-Pacific region in order to ensure its effectiveness in China.Scientific novelty: the research proposes solutions to the problem of corrupt officials escaping from justice and seeks to find a compromise in the issues of international cooperation in this field.Practical significance: the Chinese experience can be used in Russia to improve the legal system in the struggle against corruption and the international cooperation on criminal justice matters.
96-103 235
Abstract
Objective: to analyze the game component in the form of motivation and action, which stimulate the specific corruption form of conduct in the space of social glamorous.Methods: a complex of classical and post-classical research methods, including analytical, phenomenological, and dialectical methods of cognition in relation to game, to gaming motivations and actions, setting a variety of game forms, attesting to its attractiveness, flexibility and plasticity, as well as postmodern paradigm of interpretation of the glamour ideology and a special type of personality - the corrupt official with the characteristics of a trickster.Results: Russian society, being in anomia condition exacerbated by corruption, however, does not give cause for pessimism. Anti-corruption policy, promoting the scientific search of the motivational causes and effects of personality, showing the corrupt behavior and corrupt activity, makes the research results known to a wide audience and introduces them into the practical anti-corruption activity associated with up-bringing, education and promotion of anti-corruption and inclusive way of living that embodies the included state in the mode of “to Be”.102Диалектика противодействия коррупцииThe dialectics of anti-corruptionАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Scientific novelty: the analysis of the game phenomenon can help to detect corruption in the space where the phenomenon presents itself as motivation and action determined by its ontological inclusiveness and gamification of the modern social. The difficulty to identify the game within the context of its epistemological corruption is caused by its gnosiological incomprehensiveness, transformation in the modernity, as well as foggy goals and actions of the corruptionist. The study leads to the identification of a new type of personality - the corruptionist-trickster/ trickster-corruptionist. Knowledge of the gaming motivations and actions of the corruptionist allows to navigate through the complex situations of today, having corrupt motives.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and practical activities in the review and analysis of the state of the modern Russian society, including those relating to corruption and corrupt behavior of an individual.
ECONOMICS AND NATIONAL ECONOMY MANAGEMENT
104-114 211
Abstract
Objective: to describe methods of forming the mechanism of agricultural-industrial complex protection and smoothing the social threats caused by the reduced stability in the food market and the population solvency due to the global crisis.Methods: in this work, we have applied statistical, analytical, economic-mathematical methods, including those based on the analysis of statistical indicators of agricultural-industrial complex (AIC).Results: basing on analytical data and expert estimates, the technique of risk assessment is grounded, which is related to food security and reduced solvency, and the situational behavior of the state is described in the context of the food crisis, depending on the depth of the crisis and market instability sources.Scientific novelty: economic-mathematical methods were applied for risk assessment in the sphere of providing the population with food products, budget expenditures on agriculture support and social protection are compared among the EU countries, the methodology is proposed to coordinate efforts to stabilize the situation in the food market.Practical significance: the methodology of analysis of state bodies and business communities’ efficiency in the area of food security and developing unified policies to promote agricultural-industrial complex and social protection, and recommendations in the sphere of pricing in the AIC products market for the protection of domestic market and entering the foreign commodity markets.
115-122 194
Abstract
Objective: to determine the influence of settlement pattern on the socio-economic development of the territory, and the ability to identify "the problem spots" of the territory for further impact on them.Methods: systemic analysis, data summarizing and grouping, calculation of generalizing indicators, methods of comparison, generalization, economic modeling, statistical analysis package, and methods of logical analysis, theoretical cognition, general logical methods and techniques.121Экономика и управление народным хозяйствомEconomics and economic managementАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Results: basing on the analysis of scientific and economic literature, the author identified the importance of the settlement pattern for the purposes of socio-economic development of the territory, the concepts of the settlement pattern and socio-economic development of the territory; identified the main factors influencing the settlement pattern and the level of socio-economic development of the territory; revealed a close rela- tionship between the settlement pattern and the level of socio-economic development of the territory; gave an example of such mutual influence of the mentioned economic categories based on the data collected in the largest Russian district - the Far East; analyzed statistical information confirming the existence of such influence, and ranked of regions of Far East Federal District (FEFD) in terms of socio-economic development on the basis of these indicators; analyzed the package of regulatory-legal acts aimed at development of the Far East Federal District regions, and identified "the problem spots" to which the program of socio-economic development of the Far East Federal District should be adjusted with a view to its greater efficiency.Scientific novelty: the paper for the first time presents the possibility of estimating the impact of settlement pattern on the socio-economic development of the territory with the logical connections on the basis of understanding the data presented for evaluation.Practical significance: the main provisions and conclusions of the article can be used in research and teaching when considering the impact of the settlement pattern on the level of socio-economic development of the territory; can be used by public authorities and local self-government for the development of strategic programs of the territory socio-economic development; by research organizations in the development of theoretical and methodological approaches to assessing the impact of settlement patterns on the socio-economic development of the territory.
123-130 191
Abstract
Objective: to identify and assess the share of counterfeit products in the total volume of alcohol and tobacco products in the consumer market of Tatarstan Republic, which will allow the inspection bodies to deal more effectively to prevent the spreading of counterfeit products.Methods: the research proposed in this paper used methods of probability theory and mathematical statistics and the method of sampling, analysis of certificates for products, in accordance with applicable laws and regulations of Rosstandart.Results: basing on a sampling of certificates for products directly from retail outlets, analysis of the state alcohol and tobacco consumer mar- ket of Tatarstan was carried out. Improper filling of the form of the certificate for products was identified, violating all existing norms and laws, which are strictly prescribed in technical regulations. On the basis of these violations, the validity of certificates for products was assessed and the conclusion was made about the products quality. The share of counterfeit alcohol and tobacco products in the total sales in the consumer market was assessed. The shortcomings of the inspection authorities to detect counterfeit products were identified.129Экономика и управление народным хозяйствомEconomics and economic managementАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Scientific novelty: the consumer market was researched basing on the method of sampling, using probability theory and mathematical sta- tistics, to estimate the share of counterfeit alcohol and tobacco products in the consumer market of Tatarstan. The error sampling for counterfeit products in the consumer market was defined.Practical significance: the obtained results will allow the inspection authorities to better and more accurately identify counterfeit goods and to restrict the access of counterfeit alcohol and tobacco products to the consumer market of Tatarstan. It is necessary to strengthen the role of state regulation of commercial activities in the consumer market of Russia to stop the flow of counterfeit alcohol and tobacco products to the consumer market.
131-140 225
Abstract
Objective: to analyze competences of a head and develop a methodology of decision making for the effective performance of various manage- rial functions, aimed at improving the activities of the organization.Methods: general scientific methods of theoretical cognition, abstract-logical, method of comparative analysis.Results: the competencies of managers are studied, revealing personality traits; the concepts «competence» and «capability» are defined; models of managerial competencies in public administration and business organizations in some foreign countries are considered; professional, managerial and personal-professional models of competencies of a head are formed.Scientific novelty: the methodology of decision making by the head is formed, which allows to rate the groups of competences and to form criteria and indicators of the head performance at various stages.Practical significance: the main provisions of the article can be used in scientific and pedagogical activity, when considering managerial competence; the use of individual development programs of a head is proposed, focused on strengthening their managerial potential.
141-150 190
Abstract
Objective: to determine the directions of increasing the innovative potential of a region through the development of innovative technologies and competences in the process of preparation and implementation of large investment projects in the Republic of Tatarstan.Methods: methodology of project management, institutional approach.Results: it is proved that the main large-scale directions of innovative potential development in the Republic of Tatarstan as a result of prepara- tion and implementing of Universiade 2013 in Kazan are: knowledge management, information technologies, risk management. It is shown that in the framework of the considered innovative areas, a complete system was formed of competences of employees and managers in the fields of education, trade, hospitality and service.Scientific novelty: the key directions were defined of increasing the innovative potential of a region through the development of innovative technologies and competences in the process of preparation and implementation of large investment projects by the example of the World Summer Student Games in Kazan in 2013.Practical significance: on the basis of specific examples, the authors illustrate the practice-oriented mechanism of innovative potential de- velopment of a region as a result of implementation of large investment projects.
151-160 207
Abstract
Objective: to show the modern state of grain products subcomplex of the Republic of Tatarstan, to assess the prospects of its development with the calculation of the key indicators, the achievement of which is necessary from the point of view of ensuring food security in the region.Methods: mathematical methods were used, as well as comparative analysis, multicriterial optimization, in particular, the ideal point method.159Экономика и управление народным хозяйствомEconomics and economic managementАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Results: analysis of the state of grain products subcomplex of RT shows that at present the Republic not only fully satisfies its needs, but also up to 2.5 million tons of grain and 1.9 million tons of flour can be used to provide other regions. Six zones were identified: Kazan, Buinsk, Saby, Alkeevsky, Mendeleevsk and Almetyevsk, where it is reasonable to develop milling capacities in order to strengthen the food security of the country. The study showed a minimum value of the crop areas and gross harvest of grain and processing capacity in the selected zones.Scientific novelty: a comprehensive review of the status of grain production subcomplex of RT and the forecast of its development till 2030.Practical significance: the practical applications outlined in the recommendations will allow to provide food safety of the Republic in such important categories as bread and pasta.
161-168 167
Abstract
Objective: to identify and systematize the most problematic objects of control in various cafes of Nizhny Novgorod, in the opinion of their leaders, and to offer measures for their improvement.Methods: the study is based on questionnaires, analysis, and logical classification.Results: the results of the respondents’ polling are described; just under a third of respondents indicated that one of the last two inspections is the identification of cases of poisoning in the catering industry; the main object of control, of the most commonly detected defects, is visual inspec- tion. When conducting internal monitoring, the main object with the majority of defects, according to respondents, is the safety analysis. Then, about the same number of respondents indicated the processes such as medical examination of personnel and timely informing of the authorities.The factor causing the greatest concern during the control, according to the managers, is the poor hygiene of the cooks, while the less significant factor, according to respondents, is the violation of the control procedure.Most problems can be solved through the availability of a highly qualified staff, the frequency of violations will be minimized. The result of solving a problem should be the creation of unified program of personnel training/retraining, aimed not only at increasing knowledge, but also at the process of developing such qualities as self-control and self-organization.Scientific novelty: on the basis of the study, it is concluded, in which direction it is necessary to improve the control activity in the sphere of public catering.Practical significance: the main provisions and conclusions of the article can be used in the design and implementation of new standards regulating activities to control the public catering.
169-180 272
Abstract
Objective: to improve the conceptual apparatus and analytical procedures of insolvency risk identification.Methods: general scientific methods of systemic and comparative analysis, economic-statistical and dynamic analysis of economic processes and phenomena.Results: nowadays, managing the insolvency risk is relevant for any company regardless of the economy sector. Instability manifests itself through the uncertainty of the directions of the external environment changes and their high frequency. Analysis of the economic literature showed that currently there is no single approach to systematization of methods for insolvency risk prediction, which means that there is no objective view on tools that can be used to monitor the insolvency risk. In this respect, scientific and practical search of representative indicators for the formalization of the models predicting the insolvency is very important. Therefore, the study has solved the following tasks: defined the nature of the insolvency risk and its identification in the process of financial relations in management system, proved the representativeness of the indicators in the insolvency risk prediction, and formed the model of the risk insolvency prediction.Scientific novelty: grounding the model of risk insolvency prediction.Practical significance: development of a theoretical framework to address issues arising in the diagnosis of insolvent enterprises, and ap- plication of the results obtained in the practice of the bankruptcy institution bodies. The presented model allows to predict the insolvency risk of the enterprise through the general development trend and the fluctuation boundaries of bankruptcy risk; to determine the significance of each indicator-factor, its quantitative impact, and therefore, to avoid the risk of the enterprise insolvency.
181-187 179
Abstract
Objective: to develop the theoretical bases of forming the rent fees for non-residential funds, which constitute the fisc of Ufa municipality, and to identify the opportunities of revenues increase from its use.Methods: abstract-logical, dialectical, comparative, systematic and structural, economic analysis and synthesis.Results: the content is disclosed of the rental fees of non-residential funds constituting the municipal fisc as a cash payment, of compensatory and equivalent character, for the use of the municipality fisc;the necessity is grounded of increasing the budget effectiveness of the municipal non-residential facilities rent, which consists in the proper use of rental fees for maintenance, investments in the renovation and construction of non-residential facilities, the availability of funds for their financing, and the lack of growth in rents above the economically viable threshold;186Экономика и управление народным хозяйствомEconomics and economic managementАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4the factors are analyzed which determine the budget revenues from rent, affecting the fiscal efficiency of non-residential facilities rent in Ufa city;a number of problematic issues were identified, of systemic character: reduction of the number of rent contracts; reduction of the rented space;an excessive amount of the reduced rent; arrears of tenants on rents; insufficient quality of the information management system;ways are propose to improve the budget efficiency and profitability of the non-residential rent, consisting in the transition of non-residential buildings and premises, which are in economic conducting or in operational administration or are unused (unregistered), into the rent regime with the establish- ment of feasible rental fees; expanding the number of premises, the rental fee for the use of which is determined by bidding; reduction of benefits to commercial organizations for the rent payment; providing full and timely transfer of the arrears from tenants to the budget; acceleration of the formation of the automated system for mass valuation of real estate, allowing to automate the forecast of budget revenues from non-residential funds renting.Scientific novelty: the necessity is grounded to increase the budget effectiveness of the municipal non-residential facilities rent, the definition is formulated of the non-residential facilities rent of the municipal fisc and factors of its growth.Practical significance: the findings and conclusions of the article can be used in the budget efficiency management of the non-residential facilities rent, as well as in research and teaching activities.
WORLD ECONOMY
188-197 219
Abstract
Objective: to analyze the contradictions of international industrial cooperation as a driving force for its development.Methods: identification and analysis of contradictions in international cooperation were carried out using systematic approach based on general scientific methods of theoretical and empirical research: analysis, synthesis, scientific observation, measurement and comparison. On the basis of generalization and analysis of the information contained in the statistical system of the Organization for economic cooperation and development and the global competitiveness reports of the world economic forum, the author presents assessment of the level of technological and knowledge- intensity of the economies of certain developed and developing (transition) countries, investment efficiency in science and research, their influence on the technological level of production and the degree of technological sovereignty of the mentioned countries.Results: the study of the industrialized countries’ experience has shown that the production of high-tech products is impossible without integration into a global cooperative network of industrial companies and research institutes. However, being included into the global production chains and attracting advanced technologies of production, marketing and management, the national companies inevitably fall into dependence on foreign (import) supply.An economic axiom is formulated: modern high-tech production requires a dramatic expansion of international production cooperation.The main ontological contradiction of international industrial cooperation is revealed, characterized by the impact on the improvement of the technological level of production and innovativeness of the national economy, on the one hand, and simultaneous strengthening of its dependence on foreign partners, on the other hand.Scientific novelty: on the basis of systematic approach, the article reveals contradictions in international cooperation in the context of innova- tive development and economic security of the country; the basic contradiction of international industrial cooperation is formulated; it is proved that the resolution/mitigation of the main contradiction is due to the development of the national innovation system.Practical significance: the main provisions and conclusions of the article can be used in the development of recommendations to reduce the level of contradictions in international cooperation, and to weaken the dependence of the Russian industry from imports.
TAX LAW
198-203 224
Abstract
Objective: to justify the necessity to use mediation in tax disputes.Methods: the research is based on the dialectic method of cognition of mediation institution as a socio-legal phenomenon in development. The methodology of the research is general scientific methods (induction and deduction, hypothesis, generalization, abstraction, formalization,analogy, historical approach, system approach, system analysis, modeling, logical-linguistic method, etc.).Results: the benefits of mediation in tax disputes for both parties (the state and the taxpayer) were determined; it is concluded that the use of mediation in tax disputes settlement is an effective means to prevent the increase of the number of court cases and, as a consequence, contributes to the quality of justice. For greater efficiency of settling cases arising from tax legal relations, specific recommendations are proposed for the introduction of mediation; the necessity is grounded to prepare its due normative-legal regulation.Scientific novelty: the article considers the features of mediation institution functioning in the Russian Federation, and new trends in the development of this institution.Practical significance: the main provisions and conclusions of the article can be used in research and teaching in addressing issues of mediation.
THEORY AND HISTORY OF LAW AND STATE
204-213 257
Abstract
Objective: to establish the essential properties of the mechanism of charitable activities and to formulate the concept of "mechanism of charitable activity".Methods: the objective of the study is achieved using the complex of methods, which are based on the interaction of dialectical and metaphysi- cal analysis, the epistemological properties of which allowed to reveal various aspects of the charitable activities mechanism functioning, taking into account the principles of comprehensiveness, complexity, specificity and objectivity of the research.212Теория и история права и государстваTheory and history of law and stateАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Results: the rules are stated of using the term "mechanism" to characterize actions of state and law; the essence of the charity mechanism is defined, the definition of "the mechanism of charitable activity " is formulated.Scientific novelty: for the first time at theoretical level in legal science the definition of "the mechanism of charitable activity" is formulated and its essential properties are set.Practical significance: the research will contribute to improving the legal regulation in the field of philanthropy, as well as to improving the efficiency and quality of charitable activity in the Russian Federation.
214-218 267
Abstract
Objective: to determine the concept and features of deviations from declarative normes.Methods: the concept and features of deviations from the principles of law are disclosed on the basis of scientific methods: analysis, synthesis, induction and deduction, etc.Results: in this article we have for the first time concluded that it is necessary to distinguish deviations from the declarative and constitutive norms (norms-principles): the constitutive norms include principles, while the essence of declarative norms is to describe and report certain le- gally significant information, in opposition to the ban, the recommendation, the requirement of the act. In addition, we identified that in isolation from specific legal relations arising on the basis of the regulatory norms, there are no deviations from the declarative norms. However, in case of violation of regulatory norms, the information contained in the declarative norm can be refuted. Consequently, deviations from the latter take place during the violation of regulatory norms.217Теория и история права и государстваTheory and history of law and stateАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Scientific novelty: for the first time in the theory of law, the deviations from the declarative norms are considered as a kind of deviant legally significant behavior. In this paper we defined the concept and features of deviations from the declarative norms.Practical significance: the main provisions and conclusions of the article can be used in research and teaching activity when considering questions about the essence and features of deviations from the declarative norms.
219-227 294
Abstract
Objective: basing on the research and analysis of the legislation, historical legal sources and other materials, to study the process of formation and development of the institution of legal representation in Russia before 1917.Methods: the theoretical basis of research is the works of Russian scientists on various aspects of formation, development and functioning of the institution of legal representation in Russia from ancient times till 1917. The methodological basis of the research is general scientific methods (historical, formal-logical system), and general logical methods (analysis, synthesis, induction and deduction, synthesis, analogy, abstraction). Historical-legal, formal-legal, logical-legal, comparative legal methods were applied in the study. The author used the retrospective approach to the study of the issues of legal representation in Russia.Results: basing on analysis of normative legal acts, regulating relations in the sphere of judicial representation, and various doctrinal sources, the author has examined the process of the formation and development of the legal representation institution in Russia before 1917, raised the question of providing legal assistance in pre-revolutionary Russia. An analogy is drawn between the pre-revolutionary legal regulation of the legal representation institution, and the modern legislation regulating this legal institution. The conclusion is made about the inadequacy of pre- revolutionary legislation regulating relations in the sphere of judicial representation, as well as the modern legal regulation of relations in this sphere. It is established that the judicial reform of 1864 improved regulation in this sphere, but still did not solve all the problems in this area.226Теория и история права и государстваTheory and history of law and stateАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4The relevance of the study is due to the topicality and the constitutional importance of legal representation for the entire Russian society, the need to examine the origins of this legal phenomenon, as well as the fact that the institution of legal representation has a constitutional-guaranteeing value not only in relation to the judicial protection of individual rights and freedoms of a person and citizen, but also from the point of view of ensuring the effective exercise of justice. In this respect, the legal representation institution is a means of guaranteeing the constitutional principles of justice and a means of providing the adversarial character of the court trial.Scientific novelty: the article considers the origin and development of the legal representation institution in Russia, the development of this institution before 1917. The conclusion is made about the imperfection of the 1864 judicial reform in terms of reforming the legal representation institution. For the first time, using retrospective approach, a parallel is drawn between the legal representation institution that existed in Russia before 1917, and the modern judicial representation.Practical significance: the main provisions and conclusions of the article can be used in research and teaching in addressing issues about the formation and development of the legal representation institution in Russia.
228-235 193
Abstract
Objective: to carry out a comprehensive analysis of the institution of losses under the Vienna Convention of 1980 and its implementation in comparison with the regulation of the institution of losses in the law of England.Methods: universal dialectic method of cognition, as well as general scientific and private research methods based on it.Results: the article analyses legal regulation of the institution of losses under the Vienna Convention of 1980 and reviews the practice of its application by the courts of various states, as well as presents a comparative legal analysis of the institution of losses under the Vienna Convention of 1980 and the law of England.Scientific novelty: the article suggests practical recommendations on using the provisions of the Vienna Convention 1980 on losses and international practices in contracting.Practical significance: the findings of this paper can be used in scientific, legislative and law enforcement activities, and in the educational process of higher education institutions.
ENTREPRENEURSHIP LAW
236-244 206
Abstract
Objective: to determine the place of banks on the securities market at the present stage.Methods: general scientific and specific scientific methods of cognition were used - dialectical, historical, comprehensive, comparative legal. Results: analysis of the legislation of the Anglo-Saxon legal system and Russian legislation on banks allowed to draw a conclusion about the existence of problems associated with the development of investment activity of Russian banks on securities market. The concept of «securities market» is associated with such term as «stock market». In the present study, comparative characterization of these two concepts is made. Measuresto improve the Russian banking legislation are proposed.Scientific novelty: the article for the first time, the concepts of «stock market banking operations» and «banking operations with securities»are delineated. A number of proposals are made for amending some provisions of the legislation on banks and banking activity.Practical significance: conclusions and recommendations contained in this paper can be used to improve the conceptual apparatus of busi- ness law science.
LABOR LAW
245-252 195
Abstract
Objective: to prove that the development of the legislation quality theory in labor law is of great practical importance.Methods: the methodological basis of research is universal dialectic method of cognition, as well as other general theoretical methods. Taking into account the impossibility to research and solve problems through the use of exclusively legal matter, the specific scientific methods were also widely used: formal-logical, comparative-legal, etc.Results: basing on the analysis of scientific works on the topic, it is concluded that the integral characteristics of the labour standards quality requires consideration of not only legal, but also social, political and moral points of view. With this approach, it is logical to allocate not only legal, but also socio-political and moral quality of the labour law. It is recognized that the existing theoretical legal works on the problem of labor laws quality do not allow to speak about creation of the quality concept, development of the research methodology of labour quality standards. It is concluded that the quality of the regulatory impact of labour legislation in Russia is not always at the proper level. Moreover, among the main reasons for the imperfection of the normative base regulating social-labour relations, it is necessary to allocate objective and subjective reasons, and their "symbiosis".Scientific novelty: it was found that the definition of the quality of the law, regulating socio-labour relations, should have an indication of properties of their components, the content of legal norms which allow to establish whether a particular law is a quality one.Practical significance: the theoretical principles formulated in the article can be used in scientific, legislative and law enforcement activity, educational process of higher vocational education institutions of the legal profile, to improve the skills of practitioners and scientific-pedagogical staff in the field of jurisprudence.
CRIMINAL LAW AND CRIMINOLOGY
253-260 319
Abstract
Objective: to present the author's concept of the victimological aspect of corruption crime.Methods: dialectical method of cognition, mainly the systemic approach (analysis).Results: the article discusses the concept of corruption deal as an unlawful act, statutory offence (bribery and subornation), law abuse by the authorized entity. The illegal (most common), and manipulative types of corruption deals and their mechanisms are defined, as well as the ways of their implementation, which include mutually beneficial, bilateral trade, extortion and initiative, active bribery. The diverse negative effects of corruption on the legal relationships are proved. The danger of the crime deal is shown as the factor of corrupt behavior, and active means of formation of corruption networks, which increases victimogenity of corruption acts, doing harm not only to physical but also legal entities. In accordance with this, the point of view supported and proved that it is necessary to expand the notion of victim of corruption offences to legal persons. The conclusion is made about the feasibility of a legal assessment of corruption deals as a qualifying feature of a criminal offense.Scientific novelty: the article justifies the author's position in relation to an assessment of corruption victimization of the deal; victimological characteristic of a corrupt deals victim are given; critical analysis of basic victimological concepts is made to identify the potential corrupt deals victims and ensure victim safety.Practical significance: the idea is expressed of reorienting public consciousness, views on corruption as a way of solving problems; of changing tolerance to corruption, due to which the legal subjects become victims of corrupt deals; of amending the anti-corruption policies towards more careful attention to the protection of the legal relations subjects against the corruption threat.
261-272 223
Abstract
Objective: to identify the diversity of cohesion forms in confinement institutions.Methods: qualitative analyses based on in-depth semi-structured interviews.Results: the study included adaptation of Western methodologies of the cohesion phenomenon analysis to the Russian reality, and operational- ization of the moral bases of group cohesion. This served as the bases for designing a guide for in-depth semi-structured interviews; 10 interviews were conducted with people recently released from general and strict regime colonies. Content analysis of the interviews revealed a number of structural sections that demonstrate the diversity of cohesion forms, alongside with one that is most meaningful to the prisoners and therefore the most well perceived and articulated by respondents. Analysis of the latter allowed to identify a set of groups showing different degree and nature1 This work was supported by the Russian Scientific Foundation under Grant № 14-18-03784.271Уголовное право и криминологияCriminal law and criminologyАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4of cohesion. By the degree of cohesion one can identify the poorly cohesive groups ("louts"), moderately cohesive ("reds", "thieves") and highly cohesive ("fighters"). By the nature of cohesion in the prisoners’ community, there are both groups united on the basis of social morality ("reds", "thieves") and groups demonstrating a high degree of cohesion based on the social justice morality ("fighters"). A detailed analysis of the latter group also showed that the cohesion can have both traits of morality, social justice, and features of social order moral.Scientific novelty: using the socio-psychological theory of the moral motives in determining the bases of cohesion.Practical significance: the research results can be applied for the development of socio-psychological techniques for the penal system reform.
CRIMINAL PROCEDURE
273-278 183
Abstract
Objective: to determine the features of the subject of cassation court the proceedings in relation to criminal cases considered by the first instance court in a special order of judicial proceedings, and on this basis to define the ways of forming the effective mechanism of judicial protection of the rights and freedoms of participants in criminal proceedings whose interests are affected by adjudication in a special order.277Уголовный процессCriminal procedureАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Methods: general scientific dialectical method and specific scientific methods of cognition: systemic, structural functional, formal logical methods (analysis, synthesis, concretization, analogy, simulation).Results: basing on the analysis of the criminal procedure law norms and practice, the author concludes that the available procedural tools allow to correct the errors of lower courts only by assessing the violations as violations of the law. It is concluded that the rule of law cannot be considered the sole subject of litigation in the court of cassation. Voluntary refusal of the accused from the full-fledged trial procedure and court procedure for establishing the facts of the case cannot determine the absence of a mechanism to eliminate judicial error in such categories of cases. The need to protect the rights and freedoms of the individual regardless of the procedural form of the proceedings and other circumstances implies the existence of effective procedural means.Scientific novelty: for the first time in the article it is concluded that in cases reviewed in special judicial proceedings, the need for parity of judicial protection ideas, which allows to correct errors made during the resolution of the criminal case, and for the principle of finality of judg- ments (res judicata), is not obvious.Practical significance: the main provisions and conclusions of the article can be used to improve the norms of the criminal procedural law, in research activities, in teaching and studying of criminal procedural law.
RATINGS AND REVIEWS
279-288 221
Abstract
The article analyzes the problem of legislation imperfection in the sphere of normative legal acts adoption, as it is studied in the reviewed monograph. The imperfection consists of ignoring the state and legal regularities. The author's position is discussed that the normative-legal acts should meet not the legislators’ ambitions but the legitimate interests of citizens and the state. The author emphasizes the practical benefit of those legal measures that are proposed to stabilize the economy. The idea is developed of creating a general theory of crime and the author's attitude to modern criminology. The author's attempt is assessed to adjust the criminal law for the strategic challenges facing Russia in different spheres of life.
ISSN 2782-2923 (Print)