Vol 10, No 3 (2016)
ECONOMICS AND NATIONAL ECONOMY MANAGEMENT
5-27 275
Abstract
Objective: to assess the anti-crisis plan of the RF Government of January 27, 2015, to project them onto the anti-crisis plan of the RF Government dated March 1, 2016, to identify its problems and suggest measures for their solution.Methods: abstract-logical.Results: the modern Russian economy is facing severe challenges posed by the crisis in the economy, Western sanctions and foreign policy of the country. The government, aware of these problems, for the second year in a row adopts and implements a program of anti-crisis measures. Analysis of scientific literature, reports of the government and supervisory bodies allowed to formulate conclusions on the low efficiency of the anti-crisis plan of 27 January 2015. Most of the indicators have not been achieved, in many areas the objectives and their implementation have been haphazard, with immeasurable results and lack of accountability for results.Манушин Д. В. Оценка антикризисных планов Правительства РФ в 2015 и 2016 годах и совершенствование плана Правительства РФ ... Manushin D. V. Estimation and improvement of the RF Government plan for providing the stable social-economic development of Russia in 201624Экономика и управление народным хозяйствомEconomics and economic managementАктуальные проблемы экономики и права. 2016. Т. 10, № 3Actual Problems of Economics and Law, 2016, vol. 10, No. 3 ISSN 1993-047Х (Print) / ISSN 2410-0390 (Online) Analysis of the structure of anti-crisis measures of the Russian government for 2016 demonstrated the persistence of old problems and the emer- gence of new ones. The number of indicators increased, while simultaneously funding reduced, as well as the number of specialists engaged in substantive anti-crisis measures. Inefficient structure of the anti-crisis measures is identified, where priority is given to inappropriate support of the regions and the domestic auto industry to the detriment of the social component, as well as other problems.As a result, the measures are proposed to address the identified problems in the anti-crisis plans of the Russian Government dated 27.01.2015 and 01.03.2016.Scientific novelty: the following basic steps are formulated to address the identified challenges: to modernize the work of the crisis staff; to specify the anti-crisis measures, developing a detailed mechanism for their implementation and indicators for assessing the effectiveness; to increase the motivation of civil servants; to increase the minimum wage to the subsistence minimum; to grant interest-free loans for initial setting of personal farms for the citizens who have received free land from the state; to intensify the work in the field of infrastructure projects implementation; to solve organizational problems of state management of society and the economy, etc.Practical significance: implementation of the proposed measures will improve the crisis management in the Russian macroeconomics.
28-38 249
Abstract
Objective: to substantiate the need for economic integration of agricultural enterprises.Methods: abstract-logical, monographic.Results: economic integration in agriculture is needed due to the destruction of economic relations in the period of economy liberalization and decrease in efficiency and productivity in agriculture. The solution to the problems of financing, pricing and marketing of agricultural products lies in the sphere of forming integrative relations between enterprises producing, processing and marketing agricultural products.Basing on the analysis of theoretical provisions, the main forms of enterprises integration is identified, such as contractual relationship withoutcreating new legal entities, formation of associations, unions, holding companies, financial-industrial groups. It was found that the most ef- fective are those forms of associations that form a complete closed cycle of production and sales, i.e. holdings and financial-industrial groups. Basing on the analysis of the economic integration principles, the necessity was determined of implementing the principle of stability of economic relations, which will allow to overcome the crisis in the agrarian sector. In addition, the author has formulated principles for the implementing the economic mechanism in integrated groups, based on equality, freedom and integrity of such groups. The key components of economic relations in terms of integration were identified - organizational unity of the technological process, as well as the transformation of the interests of technologically related actors towards a common result.Scientific novelty: the principle of stability of economic links during integration of agricultural enterprises was formulated. The necessity was proved of integrating the enterprises, providing comparable levels of capacity utilization and the possibility of complete product sales, as well as the necessity of forming integration relations as a single object of ownership.Practical significance: the main results of the research can be used in the establishment and operation of integrated units of agricultural-industrialbusiness and applied in the educational process of agricultural universities.
39-54 240
Abstract
Objective: to determine the content and structure of the concept of "manual control"; to analyze the motives, legal framework, legitimacy, forms and methods of "manual procedures" in management of state-municipal authorities of the Russian Federation; to determine the ratio of the "system" and "manual" methods in the Russian managerial practice, and to assess the impact of these methods on the socio-economic life of the modern Russian society.Methods: the common research methods were used: descriptive method, analysis and synthesis, deduction and induction, generalization, observa- tion, forecasting, scientific abstraction, statistical analysis, system analysis, and methods of grouping and classification, methods of comparative historical and interdisciplinary analysis, expert judgment. The combination of these methods allowed the authors to ensure the accuracy of the conducted research and the validity of its conclusions.Results: the authors formulated their own version of the "manual control" concept; revealed the reasons, conditions and motives of its application by the Russian bodies of state-municipal power; described the most common methods of its application, as well as the factors of the increased number of refusal to use the system procedures in contemporary practice of public management. The proposed conclusions are based on the analysis of the existing practice of the use of "manual control" by the federal public authorities, public authorities of the Republic of Tatarstan and Moscow in the resolving the problems of the deceived shareholders and in regulating the processes of reconstruction and development of Kazan and Moscow in 2015-2016.Scientific novelty: considering the practice of the Russian state and municipal governance, the authors focus on the applied methods and proce- dures for its implementation, such as the creation of parallel management structures, the transition to the direct guidance regime, etc. Basing on the analysis of practical activities of bodies of the Russian Federation subjects, the authors revealed the ratio of the "manual” and “system” procedures in the administrative process, formulates the definition of "manual control", described the conditions and motives of its application, and concluded that the main reason for using and increasing the practice of "manual control" is the imperfection and inconsistency of the existing Russian legis- lation, which, on the one hand, does not fully reflect fundamental socio-economic changes what took place in Russia over the past decade and is not always able to adequately regulate the newly established relations between the subject and the object in the practice of public administration. Practical significance: as a result of their research, the authors predict the possible consequences of the emerging trend of increasing the practice of "manual control" of state-municipal authorities both medium- and long-term.
FINANCE, MONERTARY CIRCULATION AND CREDIT
55-68 178
Abstract
Objective: to determine and classify the institutional traps in financing the hospitality industry in Russia.Methods: abstract-logical, generalization and observation.Results: basing on the analysis of statistics and regional program of tourism development in Krasnodar region, the challenges and obstacles were identified to the development and improvement of tourist services quality. The research result is the identification and systematization of institutional traps in the financing of tourism, expressed in the increased public support of the sector. In particular, a significant proportion of tourist-recreational sector funding is still taken from the budget, though the specific weight of profitable health resort organizations amounted to60 % over the past three years. In the process of research, the author formulated a general concept of the institutional structure of the hospitality industry in Russia and the model of the sector financing through a system of incentives and benefits for vacationers, forming the tourist clusters, and forming a mechanism of dialogue between the authorities and representatives of tourist business.Scientific novelty: the institutional traps are defined and systematized, which are formed in the system of tourism financing; measures to over-come them are proposed.Practical significance: the proposed recommendations can be used by the entities of the hospitality industry to enhance business activities, and by authorities to implement tasks outlined in the state programs.
MATHEMATICAL AND INSTRUMENTAL METHODS IN ECONOMICS
69-82 241
Abstract
Objective: to prove the existence and conditions of appearance of a plane wave during the investing into the renewable factors of production.Methods: abstraction, economic-mathematical modeling.Results: the cyclical nature of the economy is studied and proved in many studies, but most of them are based on the empirical data without analytical proof. The author of the article proves the existence of plane waves, which occur as a result of updates of the renewable factors of production. The identified factors include physical capital, the amount of labor resources and human capital.Basing on the vector analysis, it is proved that the plane wave arises in case of potential investments and fulfillment of the following condition: the speed of investment in renewable factors of production must be proportional to the velocities of the factors of production. It was determined that in case of changes in the rate of funding of any of the factors, the development of other factors of production will change, i.e., a vortex will appear. The formulated system of equations of the changing velocity of production factors in a vector form was solved by a plane wave under the condition of parallelism of any two vectors. On the basis of the proven allegations, it was concluded that the cyclic character is a natural way of the economy development.Scientific novelty: on the basis of vector analysis, the existence of a plane wave in the production factors development is proved.Practical significance: knowing the dynamics of the plane wave, its length and amplitude, we can determine the moments of time tightening and loosening of taxation and fiscal policy to regulate investment in the factors of production.
WORLD ECONOMY
83-100 246
Abstract
Objective: to review the current situation in production and distribution of unmanned aerial vehicles (further - UAVs) in developed countries, as well as the legal regulation issues.Methods: abstract-logic, summarizing and observation, comparative analysis.Results: The analysis of international trade in UAVs revealed the leading countries dominating the market: Israel, the USA and Canada. The leading importers are India, UK and France. China and Russian Federation are important producers but are just marginally involved in international trade, having rather protectionist trade policies. The characters of national regulatory frame- works vary significantly from country to country, while the Czech Republic belongs to the rather liberal group of EU members. Scientific novelty: So far, the journal publications in regard of UAVs have addressed uniquely technical issues and economic issues have been unattended. This paper clarifies the terminology mess, analyses trade policy issues, trade and production statistics and regulatory concerns linked to this steeply growing segment that is subject to double-use items regulations. Practical value: Given a lack of relevant publications focused on international trade in UAVs in particular, the paper provides a complex overview of current state of play in terms of this promising yet very controversial subject.
THEORY AND HISTORY OF LAW AND STATE
101-107 224
Abstract
Objective: to develop a legal model of state coercion against individuals with mental disorders.Methods: dialectical method, analysis, synthesis, description, explanation.Results: identifying features of the semantic and meaningful understanding of state coercion against persons with mental disorders allowed to designate state coercion in respect of special category of persons as an independent state coercion, which has an interdisciplinary and multidis- ciplinary character.Scientific novelty: for the first time the article investigated the place and role of state coercion in relation to special categories of persons in the system of legal policy means; state coercion against a particular category of persons is considered as an independent form of state coercion. The classification of actors is proposed, who are involved in the application of state coercion against persons with mental disorders, as well as the structure of state coercion, consisting of preventive measures; suppressive measures; measures to ensure proceedings in criminal, civil cases, cases of administrative offenses; punishment; other enforcement measures.Practical significance: the research results can be used to improve the system of state coercion in the Russian Federation.
108-115 297
Abstract
Objective: to identify characteristics of the nature, content and functioning of prohibition in the legal reality of Russia.Methods: the methodological basis of research is the dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, as well as a postmodern paradigm, giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods: comparative, hermeneutic, discursive.Results: the paper proposes a definition of prohibition as a state- (socio-) volitional constraining (limiting) means that under the threat of legal liability is intended to prevent the wrongful act of the subject (physical or legal entity) and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations, and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty: for the first time, the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of law-making and law enforcement, but legal behavior as well.Practical significance: the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature, content and functioning of prohibitions.
CONSTITUTIONAL LAW
116-122 264
Abstract
Objective: to analyze the current state of the institution of representative offices of the Russian Federation subjects and their interaction with the federal state power bodies (by the example of Tatarstan Republic).Methods: systematic and structural-functional methods.Results: gaps and contradictions are identified in the legal regulation of representative offices of the Russian Federation subjects; proposals are formulated for improving the federal legislation and the legislation of the Russian Federation subjects in the specified sphere.Scientific novelty: the conception is grounded of the need to preserve the institution of representative offices of the Russian Federation subjects; the order of their formation and interaction with public authorities is studied; the functions of the offices are identified and classified. The functions of the offices are divided into two groups: external and internal. The external functions of the offices are: executive; coordinating; organizational; analytical; information; performance; control. The internal functions include the organization of work of their own offices.Practical significance: conclusions and suggestions can be used in the practical activity of the legislative and executive state power bodies ofthe Russian Federation and its subjects.
CIVIL LAW
123-150 294
Abstract
Objective: comparative analysis of exceptions to the principle of autonomy of documentary letters of credit.Methods: dialectical method, systemic method, analysis, synthesis, comparison.Results: it is proved that documentary letters of credit are among the most popular methods of payment in international trade which facilitate the process of transaction by replacing risk of payment by applicant buyer with the guarantee of bank. It is proved that operation of documentary letters of credit (LC) is subjected to two globally recognized principles of autonomy (independence) and strict compliance. A rule is identified, according to which courts in different countries started to recognize exceptions to the principle of autonomy in international LC transaction despite their reluctance in interfering in function of autonomy principle. Scientific novelty: the article views the principle of autonomy and recognized exceptions to it in comparative aspect, proves the to recognize exceptions to the principle of autonomy in international LC transaction among common law jurisdictions, lists the exceptions recognized by courts and analyzes the attitude of the courts in other common law jurisdictions. Practical significance: the paper is addressed to researchers and educators, practicing lawyers, graduate and post-graduate students, and everyone interested in the principle of autonomy of documentary letters of credit.
151-160 304
Abstract
Objective: to study the state of legal support of the cluster strategies implementation; to identify the problems and possible directions for improv-ing the legal support of cluster development in the regions.Methods: systemic, structural-functional, induction and deduction, analysis and synthesis, formal legal.Results: the paper formulates the definition of cluster as a form of cooperative interaction of organizations interacting in some economic sphere due to functional dependence, complementing each other and reinforcing the competitive advantages of individual companies. The hypothesis is proposed that the organizational and management structure of clusters should be unified and obtain normative fixation so that the same type of bodies (including executive bodies) and the structure of the different clusters (deliberative, specialized organizations, organization-coordinator, etc.) had similar competence and position in the management hierarchy.Scientific novelty: following the most general conception of a cluster as interacting institutions in a specific area, one can see that the lack of clarity in the legal support of the clusters functioning does not allow to determine the status of authoritative and non-authoritative subjects of economic activities, their organizational-legal forms and the procedure of their interaction.Practical significance: the identified problems of legal support of the cluster strategies implementation can help in the improvement of stateregulation of cluster relations in the regions and their implementation.
CRIMINAL LAW AND CRIMINOLOGY
161-174 233
Abstract
Objective: to analysis the fear of crime factors according to the research carried out in 2009 in Ljubljana (Slovenia).Methods: dialectic, systemic, comparison, observation.Results: the analysis shows that the level of fear of crime has not changed significantly over the last two decades. The latest survey from 2009 implies that the influence of perceived probability of victimization in an emotional reaction is strongest among those who believe that consequences of victimization can be severe, and their own ability to defend from an assailant is low. Analyses have shown that the fear of crime is strongest in women and the elderly. Personal experiences with crime do not result in an increase in perceived probability of victimization, or influence fear of crime, nor do they affect the anticipation of seriousness of the potential consequences of victimization. The article contributes to reflections on fear of crime based on a literature and research review as well as utilization of new models of testing fear of crime factors.Scientific novelty: the research shows that the used model of fear of crime explains more variance ( R 2 = .54) than other models used prior to this study (Slovenia, 2001, R ² = .43; Croatia, 2002, R ² = .43; Bosnia and Herzegovina, 2002, R ² = .45) and imply some new findings and confirm findings from the previous surveys. The findings imply that the respondents in Ljubljana relate fear of crime to the impacts of different crimes on their lives. However, research did not confirm that the level of fear of individual crimes is proportional to their severity. It was found out that respondents feel the most threatened by robbery followed by assault. Practical significance: the article provides insight for crime control and prevention and will be useful for scientific and educational staff, policy makers, graduate and post-graduate students and all those interested in crime control and prevention.
175-186 266
Abstract
Objective: basing on the data from empirical sociological study, to identify the level of latency and victimization of the population ofNizhny Novgorod region.Methods: general scientific (analysis, systemic-structural approach to the analysis of object of research, comparative-legal) as well as logical methods and specific scientific method (survey - questionnaires and interviews).Results: qualitative and quantitative analysis is performed of the overall situation referring to unrecorded crime (latent crime), committed on the territory of Nizhny Novgorod city and Nizhny Novgorod oblast, as well as comparative analysis of the level of latent crime in the city and region by the types and trends of criminal activities; the main reasons are identified for refusal the victims to appeal to police in Nizhny Novgorod and Nizhny Novgorod oblast; recommendations and proposals are elaborated of the work of territorial bodies of the Ministry of Domestic Affairs to the aim of reducing the level of latent crime.Scientific novelty: for the first time on the basis of data obtained during a sociological survey, the crime situation on the territory of Nizhny Novgorod region is discussed, revealing the actual level of latent delinquency, and proposals and practical recommendations are formulated for the adjustment of the work of territorial bodies of the Ministry of Domestic Affairs to the aim of reducing the level of latent crime. Practical significance: basing on the research, the recommendations are to improve the work of territorial bodies of the Ministry of Domestic Affairs to the aim of reducing the level of latent crime.
187-206 232
Abstract
Objective: to identify and systematize the anti-corruption functions of the bodies of the Russian Federation subjects in the sphere of prevention of corruption and other offences on the basis of the analysis of federal and regional normative legal acts on organization of activities of these bodies. Methods: the methodological basis of the conducted research is the dialectical materialism based on scientific methods of cognition: analysis, synthesis, comparison, and other methods used in the legal sciences.Results: the analysis is carried out of federal and regional normative legal acts regulating activities of bodies of the Russian Federation subjects on prevention of corruption and other offences; the basic and advanced functions of the regional anti-corruption authorities to prevent corruption and other offences are identified, classified, systematized, described and explained. Measures are proposed for improvement of legal regulation of activity of bodies of the Russian Federation subjects on prevention of corruption and other offences.Scientific novelty: for the first time in the Russian juridical science, the list is composed of the main (organizational-executive and organizational- provisional) and additional anti-corruption functions of the bodies of the Russian subjects for prevention of corruption and other offences. Practical significance: the research results allow to improve the normative legal acts for organization of the activity of the bodies of the Russian subjects for prevention of corruption and other offences.
207-215 364
Abstract
Objective: to summarize criminological, social and economic indicators of development of the Russian Federation subjects; to identify and assess the hidden system dependencies between social indicators and levels of corruption; to define the links between individual indicators and to develop the methodology of anti-corruption ranking of the regions.Methods: comparison, analysis, synthesis, mathematical modeling, correlation comparisons and extrapolation.Results: in the work the author describes the methodology of the complex analysis of corruption in the Russian Federation subjects and elaboratesforecasts for its development short term and medium term.Scientific novelty: for the first time in domestic criminology, the algorithm is proposed of studying and forecasting regional corruption on the basis of polyfactorial analysis of criminological, social and political indicators. For profound and comprehensive study of the regional aspects of corruption, a model was developed to monitor and forecast on the basis of measuring the polyfactorial corruption index (PCI). PCI consists of two groups of parameters: corruption potential of the region of the country (CPR) and corruption risk in the region (CRR).Practical significance: the research results can be used in the process of developing regional strategies of corruption counteraction, as well as in adjustment of the existing methods of corruption prevention.
INTERNATIONAL LAW
216-226 297
Abstract
Objective: to research the features of maritime insurance from the viewpoint of fighting piracy at international level and to define the ways toimprove the legal norms in this sphere.Methods: dialectic method of cognition and private scientific research methods (formal-legal, systemic-structural, social-legal, comparative-legal, statistical). Results: basing on the analysis of normative legal acts, regulating the relations in the sphere of maritime insurance as one of the ways to struggle against piracy, the insufficiency of unified insurance norms at international-legal level is revealed; features of modern piracy are identified, as well as the dependence of the insurance cost on the pirates’ activity; the state of legal protection of the ship-owner’s interests in case of pirates’ attacks at international routes; a conclusion is made that the difficulties with the “piracy” notion do not hinder its full-fledged research in international law; the drawbacks of the piracy concept in international law are reflected; the insurance legal norms are studied as well as the drawbacks in insufficient unification and stronger protection of ship-owners in case of ransom payments, especially in RF.Scientific novelty: for the first time in the article the international-legal features of maritime piracy are viewed as one of the measures of struggleagainst piracy.Practical significance: the main provisions and conclusions of the article can be used in practical, scientific and educational activity when dealing with the issues of maritime insurance of piracy risks.
TRANSLATED ARTICLES
227-251 460
Abstract
Objective: to formulate a new definition of the word “criminology”.Methods: dialectic, systemic, analysis, synthesis, comparison.Results: the paper presents the history and etymology of the word “criminology”. Basing on the analysis, the author’s definition of criminology is formulated as the systematic study of crime, criminals, criminal law, criminal justice and criminalization.Scientific novelty: the author proves that criminology is usually but not necessarily academic and scientific, which means that criminology can be public and/or humanistic. This concept is proved by presenting some early English instances of the word “ criminology” which predate the attempt to theorize a field of criminology in Italy and France in the 1880s, and offers some new readings of those Italian and French texts. The philological analyses then come into conversation with some twentieth-century attempts to define the field and some twenty-first-century innovations in an effort to generate a definition of criminology that is responsive to the diversity of criminology in both its original formation and its ongoing transformations. Practical significance: one advantages of the new interpretation of criminology is its inclusiveness: it introduces all non-orthodox research into scientific sphere, which allows new possibilities for the development of new directions, views on the problem of crime, theories and methods of crime prevention and reaction.
252-270 763
Abstract
Objective: to prove the necessity to take into account the influence of emotions on decision making; to describe a combined model of the decision making process which unites rational and irrational components of choice in crime commitment.Methods: dialectic, systemic, historical-legal, formal-juridical methods, summarization.Results: the paper gives a complex analysis of the criminal decision-making process, and reveals the factors increasing the probability of anti- social actions. The value of the combined cognitive-emotive model is that emotions can give more significant information to the decision-maker, than reasoning.Scientific novelty: the author proposes a theory of decision making which says that a person chooses to act or not to act under hedonistic or moral emotions, while the irrelevant emotions are increased and the relevant ones are suppressed by cognitive and situational factors serving as a basis for criminal decision making.Practical significance: studying the role of emotions in the criminal and non-criminal decision making will significantly contribute to the development of criminology. The research results will be useful for researchers and law-enforcement bodies, as well as for all those who are interested in the issues of crime control and prevention.
ISSN 2782-2923 (Print)