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Russian Journal of Economics and Law

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Vol 11, No 1 (2017)

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

5-17 224
Abstract
Objective: to identify the peculiarities of innovative development of meso-systems basing on the systematization of practical experience of Tatarstan Republic and to conduct the economic-mathematical modeling.Methods: systemic analysis, description and generalization, component and factor analysis.Results: the author substantiates the necessity of development and modernization of petrochemical plants as one of the most important sectors of Russian industry. It is stated that the development of petrochemical wastes’ processing technologies, flexible production technologies, as well as the creation of energy efficient and ecologically safe technologies of oil refining, requires substantial revision of approaches to innovations implementation and financing. The article shows that, despite the large number of high-tech industries, Russia ranks only 20 among developed countries by the level of spending on research and development. The analysis, carried out on the basis of statistical data for the Republic of Tatarstan, showed that the petrochemical complex occupies the leading position in the regional economy, while demonstrating higher efficiency compared to other industries. The main institutions for the petrochemical industry development in the Republic have been defined, including Tekhnopolis "Khimgrad", "Regional center of engineering in the sphere of chemical technologies" JSC and others.To assess the development of the national innovation system, the innovation diffusion factors were studied and systematized. 16 indicators of research and innovation activities in the Republic of Tatarstan for 2010-2014 were selected, which were then grouped into four integrated categories: intellectual activity, research and development, innovation activity of small businesses and innovation outcomes. Factor analysis determined their contribution to the process of the innovations diffusion at the level of 86 %. Scientific novelty: the model of innovation diffusion at the meso-level was substantiated, reflecting the influence of such integral parameters as "Intellectual activity", "R&D", "Innovation activity of small businesses", "Outcomes of intellectual activity", which allows to create balanced chains for creation and commercialization of innovative products at all stages of the scientific and technological results life cycle and their transfer into industry. Practical significance: the main provisions and conclusions of the article can be used in scientific and scientific-educational activities when considering the conceptual issues of innovative development of meso-systems. The materials of the article are of practical importance for the development of models of management of innovation development institutions and in the development strategy of the state innovation policy at the regional level.
18-33 330
Abstract
Objective: to develop the economic-mathematical model of the dependence of revenue on other balance sheet items, taking into account the sectoral affiliation of the companies.Methods: using comparative analysis, the article studies the existing approaches to the construction of the company management models. Applying the regression analysis and the least squares method, which is widely used for financial management of enterprises in Russia and abroad, the author builds a model of the dependence of revenue on other balance sheet items, taking into account the sectoral affiliation of the companies, which can be used in the financial analysis and prediction of small enterprises’ performance.Results: the article states the need to identify factors affecting the financial management efficiency. The author analyzed scientific research and revealed the lack of comprehensive studies on the methodology for assessing the small enterprises’ management, while the methods used for large companies are not always suitable for the task. The systematized approaches of various authors to the formation of regression models describe the influence of certain factors on the company activity. It is revealed that the resulting indicators in the studies were revenue, profit, or the company relative profitability. The main drawback of most models is the mathematical, not economic approach to the definition of the dependent and independent variables. Basing on the analysis, it was determined that the most correct is the model of dependence between revenues and total assets of the company using the decimal logarithm. The model was built using data on the activities of the 507 small businesses operating in three spheres of economic activity. Using the presented model, it was proved that there is direct dependence between the sales proceeds and the main items of the asset balance, as well as differences in the degree of this effect depending on the economic activity of small enterprises.Scientific novelty: the article presents a regression model of dependence of revenues on the major categories of assets for small businesses based on the principles of economic expediency, not of mathematically correct dependencies.Practical significance: the main findings of this paper can be useful in the practical management of small businesses, for financial analysis and forecasting, in particular in the benchmarking of companies in certain sectors. In addition, the results of this research can be used in scientific and teaching activities in covering the issues of financial management of small businesses.
34-46 220
Abstract

Objective: to substantiate the functional directions of activities of the enterprises of dealer chain of an automotive company aimed at ensuring the quality of logistics servicing of automobiles.Methods: the study is based on the use of general scientific methods (comparison, scientific generalization, logical analysis, analogy) and specific scientific methods (systemic, functional, simulation).Results: the article states that one of the key criteria of consumer behavior of car buyers is the availability of pre-sales and after-sales service. The current research works in the sphere of logistics services are analyzed which refer to the approaches to its definition, as well as selecting the criteria for its functional quality. It is established that the increase of interest in the activities of logistics centers of car service is due to several reasons such as the growing complexity of their construction and the increased competition in this area.The critical review of the scientific literature was conducted, as well as the analysis of the scientific problem of determining the functional areas of logistics service of an automobile company with a view to ensuring quality and enhancing the satisfaction of end users of automobiles. The key areas of corporate logistics services were systematized and classified, detailing for each of these areas was made. Different approaches were described to defining the range of services at different stages of the life cycle of technical means.Basing on the studied viewpoints, four components of the functional activities of service centers were formulated: pre-sales service, car sales, after-sales maintenance and disposal of vehicles. Basing on these components, a model of brand service of a car company was formed, taking into account the functional characteristics of each component.Scientific novelty: a functional model was developed of the system of service vehicles in a brand service-sales chain automotive company, allowing to provide high quality customer service of automobile dealers by increasing the customer satisfaction by increasing the comprehensiveness of services at all stages of the life cycle of the vehicle.Practical significance: the research findings and the developed functional model of a car service system can be used to improve the logistics service quality of an automotive company, which is implemented by the enterprises of brand service-sales chain. The article can be used in research activities, covering the issues of logistics services and quality management in the dealer chain of an automotive company.

47-66 220
Abstract
Objective: to analyze the world experience of forming the paradigm of political ecology in the aspect of environmental safety.Methods: dialectical method of cognition, detailing, logical generalization.Results: the article formulates conclusions about the topicality of the environmental security issues, confirming in particular by the nature of the changes in consumer demand and environmentally responsible behavior of a certain part of the population. The global trends are identified in the formation and development of international institutions in the field of political ecology, scientific institutes and laboratories working in this field. The analysis of world experience of forming the paradigm of political ecology has shown that currently an attempt is made to introduce nature into the economic relationship as one of their subjects, emphasizing the ambiguous attitude of scientists to ecosystem services.It is revealed that in Russia and abroad the issues of environmental security are studied by a significant number of scientific, educational and public organizations. The most important trends are the shift in emphasis from the natural environment to humans and the systematization and expansion of the list of threats to environmental security.The article also analyzes the main parameters of ecological safety of Russia and formulates conclusions about the poor state of most ecosystems and "ecophobic" industrial infrastructure. Also, the problems of interregional cooperation in the environmental field are defined, as well as the negative impact of transnational corporations on environmental safety. The main tasks of political ecology in the framework of the national program of socio-economic development of Russia are defined. The conclusion is made about the necessity to formulate the problem and describe the principles of a comprehensive program of environmental safety, taking into account the geological security within the national security structure, which, in turn, should be included in a more general program of socio-economic development of Russia.Scientific novelty: the state list of threats to ecological security of Russia is expanded (external threats are studied), and recommendations for improving environmental policies as a component of national security are made.Practical significance: the main provisions and conclusions of the research can be used to determine the main directions of development of the national environmental strategy as a component of socio-economic policy of the country.
67-78 260
Abstract
Objective: to assess the effectiveness and role of state financial support of export activities of small and medium enterprises.Methods: regression analysis, abstract-logical method, method of comparison.Results: the need is identified to evaluate the impact of state programs of export support on the results of export operations, as a mechanism for assessing the efficiency of public spending in this area. The institutions are analyzed of state support of export of small and medium businesses production in the USA and India. It is revealed that in the US the main tool of support are export credits and guarantees, while in India the emphasis is on the promotion of products to the world markets.To assess the effectiveness of public expenditure on export support, the data were collected and systematized on the total volume of export and the costs of its support in the United States and India. The project revealed the presence of a time lag between these indices. When building a regression model, the method of least squares was applied, on the basis of which three hypotheses were investigated, namely those taking into account and not taking into account the presence of the time lag between variables. As a result of constructing the model, it was found that in the U.S. the increase in budget spending on export support to $1mln leads to an increase in export volume to $2mln. In India the corresponding figure was $10mln.The analysis of the Russian practice of the state support of export of the small and medium businesses production showed a lack of systematic approach and poor development of the small business sector compared to the studied countries.Scientific novelty: the positive relationship was revealed between the costs of exports support and export sales in the United States and India. The necessity was grounded of state the financial support of export activities of small and medium enterprises in Russia, as well as product promotion through sectoral cooperation, insurance and export credits.Practical significance: the results of the study can be used by government institutions to support small and medium enterprises in the formation of policy on the provision of financial assistance to small and medium enterprises and on stimulation of their export activities.

CONSTITUTIONAL LAW

79-88 203
Abstract
Objective: to identify the features of law implementation in the banking sector when fulfilling the compliance procedures, as well as specificity of the identification of clients by credit institutions in the implementation of the law provisions on controlled foreign companies.Methods: dialectic approach to cognition of legal phenomena, allowing to analyze them in their development and functioning in the context of objective and subjective factors. Comparative method, formal-logical method, method of deduction.Results: in the article the necessity is proved to introduce the compliance procedures as a mechanism for internal control systems in the banking sector and for impeding the development of the shadow economy, corruption and extremist manifestations. It is determined that the application of the compliance system allows to solve the problem of the effectiveness of anti-corruption policy.The approaches are analyzed to the problem of offshorization of the Russian economy and measures for its resolution, including by creating mechanisms of taxation of controlled foreign companies. The aims and approaches are viewed to defining the controlled foreign companies and the impact of Russian reforms on the legal systems of foreign countries. In particular, we consider changes in Swiss law aimed at tightening controls over financial transactions in the banking sector with the aim of combating money laundering, as well as compliance with Russian anti-offshore legislation.It is stated that the change in the legal field in Russia will contribute to the protection of fiscal interests of the state and modernization of the banking systems of internal control.Scientific novelty: basing on the use of complex scientific methods, for the first time the study is carried out of the compliance procedure in the banking sector from the point of view of checking the observance of the legislation on controlled foreign companies.Practical significance: the main provisions and conclusions of the article can be used in scientific and practical activities. The results of the analytical work can be applied in pedagogical activities.
89-97 262
Abstract
Objective: to study the principle of social justice in the constitutional law of Russia and foreign countries.Methods: 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, that determined the choice of the following research methods: systematic-structural, formal-legal, comparative-legal.Results: the article proves that today, due to the requirements of the population and the socialization of constitutional law, the universal principle of justice increasingly acquires the constitutional formulation of social justice. Particular individual, group, and universal manifestations of this principle in constitutional law are discussed in comparative-legal aspect, as well as its importance for the sustainable development of the society. Scientific novelty: basing on the analysis of the constitutional law of the European countries, the author concludes about the necessity to improve the Russian legislation, the correlation of legal indicators of the subsistence minimum and minimum wage, and their rapprochement.Practical significance: the main provisions and conclusions of the article can be used in research and law enforcement activities in addressing issues related to socio-economic development of Russia.

CIVIL LAW

98-107 358
Abstract
Objective: comprehensive analysis of the doctrine of the frustration of contracts, signed in compliance with law of England, and the practice of its application for the Russian companies.Methods: 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 that determined the choice of the following research methods: systematic-structural, formal-legal, comparative-legal, legal modeling method.Results: due to the introduction of the EU sanctions, there is the risk of foreign counterparties’ refusal to execute contracts with Russian companies on the legal basis of frustration of treaties. The essence of the frustration doctrine is that the contract obligations may be terminated if, after their signing, such events occur, which make their fulfillment impossible or unlawful. When signing international agreements under English law, the lawyers of Russian companies should include provisions governing the relationships of the parties in case of impossibility of the contract execution due to the occurrence of an event that caused the treaty frustration, in particular, the imposition of sanctions. It is recommended to specify in the contract how the losses, arising from the inability to execute the contract, will be distributed between the parties.Scientific novelty: for the first time, basing on court practice review, the definition of the frustration of contracts according to the law of England is formulated, the legal implications of the recognition of the contract frustrated are discussed, and the legal conditions are proposed that should be provided for in the text of a contract to avoid the problem of uncertainty in the allocation of losses of the parties in case of occurrence of external events, including sanctions.Practical significance: the main provisions and conclusions of the article can be used in scientific and law-enforcement activity, when dealing with the doctrine of the frustration of contracts in compliance with the law of England, and the practice of its application in relation to Russian companies.
108-116 223
Abstract
Objective: to identify characteristics and prospects of predicting the business activity.Methods: historical, sociological, logical, systematic-structural, formal-legal, comparative-legal, legal modeling method.Results: in article suggests the legal definition of prediction of business activity as a scientific and practical study aimed at the determination of the future state and prospects of development of business activity, consisting of the evaluation of legal regulation and analysis of the prospects of further socio-economic development, which aims to select the optimal solution for the further development of entrepreneurship through legal regulators. The work proves the necessity of achieving a balanced legal regulation of social relations by changing the legislation in the field of business agreements, investment and innovation.Scientific novelty: the article for the first time formulates the concept, characteristics and features of legal prediction of business activity, substantiates the impact of predicting on the development of legal regulation of social relations.Practical significance: the main provisions and conclusions of the article can be used in research and teaching while considering the issues of predicting both the socio-economic processes in general and business activity in particular.

CRIMINAL LAW AND CRIMINOLOGY

117-128 247
Abstract
Objective: to identify the relationship and correlation of corruption with other social phenomena and, basing on the analysis of the above phenomena, to develop the new legal measures on anti-corruption.Methods: 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 that determined the choice of the following research methods: formal-logical, comparative-legal. Results: basing on the analysis of scientific literature and legislation on combating corruption, it was revealed that financial corruption is the major point of contention of the world’s smooth development, and non-monetary corruptions are directly or indirectly relevant of it. International as well as national corrupt monetary flows are as bold and resourceful as the legal finance. The corrupt world of individuals or groups is far away from legal hand of punishment. Effective anti-corruption measures are invisible from the activities of global powers. Struggle against corruption requires joint efforts of mass involvement and global unified action without any bias. The peoples of China and India like countries are so important in number concern. The awareness among such big populations of developing countries plays a vital role to force the respective governments in favour of this long fight as these peoples are suffering most in daily-life from corruption. Besides, the low standard of living in many countries of the world is actually resulting from corruption.Scientific novelty: for the first time the article considers characteristic features of corruption in the world, and identifies the relationship of corruption with other social phenomena in different countries.Practical significance: the main provisions and conclusions of the article can be used in research, enlightenment and educational activities in addressing the issues related to combating corruption.
129-151 227
Abstract
Objective: to identify the level of engagement of schoolchildren in the process of distribution of narcotic drugs, psychotropic substances or their analogues via information and telecommunication networks of common use.Methods: 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 that determined the choice of the following research methods: systematic-structural, comparative-legal, sociological.Results: the analysis was made of the involvement of schoolchildren in the process of distribution of narcotic drugs, psychotropic substances or their analogues through information-telecommunication network on the territory of the Russian Federation (by the example of Nizhny Novgorod region). The study revealed the existence of two groups of students: a group with psychological protection against harmful habits and a risk group. Each group has its own characteristics depending on sex, age, relationship to the use of narcotic drugs and psychotropic substances, social contacts of students, frequency of using the information-telecommunication networks of common use.Scientific novelty: for the first time on the basis of data obtained as a result of the socio-legal studies, the situation was reviewed concerning the distribution of narcotic drugs, psychotropic substances or their analogues via information and telecommunication networks of common use among secondary schools students. The social characteristics of a group with psychological protection against harmful habits and a risk group were identified. The proposal was made aimed at reducing the level of engagement of schoolchildren in the process of distribution of narcotic drugs, psychotropic substances or their analogues.Practical significance: the main provisions and conclusions of the article can be used in scientific and teaching activities in addressing issues related to combating illicit trafficking of narcotic drugs, psychotropic substances or their analogues.
152-159 301
Abstract
Objective: to determine the stages of the mechanism of pre-trial adoption of indictment, to identify the main mistakes made when making an indictment, and offer ways of their elimination.Methods: logical, comparative-legal, normative-logical and statistical, as well as the method of complex study of phenomena and processes of legal reality.Results: within the framework of the proposed mechanism of pre-judicial indictment adoption, and basing on the analysis of 45 indictments and their receipts in various categories of cases, the common errors were identified of the subjects of criminal procedural law involved in the mechanism of indictment preparation and adoption. These include: the presence of smudges, underlined places and erasures in the text of the indictment; the discrepancy between the indictment and the charges set out in the resolution on impleading of a defendant; confusion referred to the approval of the indictment by the head of the investigative body, etc. Therefore, it is proposed to supplement Part 1 of Article 39 of the Russian Criminal-Procedural Code with paragraph 9.1. "To agree on the indictment after its signing by the investigator", to extend the term of preliminary investigation and to assign additional days for the indictment approval, to put into practice the meeting of all actors of the criminal process involved in the mechanism of the indictment adoption, in order to analyze the quality and completeness of the investigation, typical investigation errors and violations of criminal-procedural legislation.Scientific novelty: as a result of the study, frequent errors arising from the adoption of the indictment were identified, occurring since the end of the preliminary investigation with indictment till the adoption of the criminal case with the indictment by the court; suggestions on avoiding them were formulated.Practical significance: the main provisions and conclusions of the article can be used in scientific and teaching activities, in addressing the issues related to the mechanism of the indictment preparation and adoption.
160-169 406
Abstract
Objective: to study the norms on crimes against sexual inviolability of minors in the Russian Criminal Code and the laws of some foreign countries.Methods: comparative-legal, systemic-structural, sociological.Results: the article analyzes the norms of the Russian criminal legislation and legislations of some foreign countries on crimes against sexual inviolability of minors, and formulates conclusions and recommendations for further improvement of the Russian criminal legislation in this sphere. Scientific novelty: basing on the study of the criminal law of foreign countries in the sphere of combating crimes against sexual inviolability of minors, the author formulates suggestions to further improve the criminal legislation of the Russian Federation regarding the protection of minors against sexual abuse. In particular, the necessity is proved to formulate a number of independent standards on sexual crimes against minors taking into account the characteristics of a victim, to register the qualifying circumstance - the sexual act aimed at a minor committed by a relative, legal representative or other person on whom the minor is dependent, and also to provide the increased criminal liability for incest involving a minor. Practical significance: the main provisions and conclusions of the article can be used in research and teaching when considering the comparative characteristics of the regulations on crimes against sexual inviolability of minors in the Russian legislation and that of foreign countries, as well as when further reforming the Russian legislation in the sphere of sexual freedom and sexual inviolability of an individual.

COURT POWER; PROSECUTOR’S ACTIVITY

170-179 194
Abstract
Objective: to study corruption prevention as administrative activity of state and municipal authorities.Methods: dialectical, systematic, formal-legal analysis, synthesis, statistical and specific sociological methods.Results: basing on the study of counter-corruption legislation, its implementation, and acts of prosecutorial response, the definition of the concept "corruption prevention" was formulated, which refers to administrative activities of state and municipal bodies and their officials aimed at the implementation of legislation on combating corruption. The feature of the preventive component of counter-corruption legislation is that it brings together the complex of binding, prohibitive and restrictive rules established for the prevention of corruption. Corruption prevention is implemented through a specific type of managerial (administrative) activity. The legality of this activity is provided by means of prosecutorial supervision over implementation of laws on corruption prevention.Scientific novelty: for the first time in the article corruption prevention is viewed not as a criminological category but as an institution of administrative law, characterized by the essential features of the state (municipal) control.Practical significance: the main provisions and conclusions of the article can be used in research and law-enforcement activities in addressing issues related to combating corruption.

CIVIL PROCESS

180-188 548
Abstract
Objective: to explore the possibilities of mediation as a method of conflict resolution at the stage of enforcement proceedings in the Russian Federation taking into account foreign experience.Methods: comparative legal method as the main method, also used formal-legal, systemic-structural methods, method of interpretation of legal norms.Results: analysis of the use of mediation at the stage of enforcement proceedings in foreign countries held. The possibility of mediation at the stage of enforcement proceedings in Russia is confirmed. Conditions for effective use of mediation in the field of enforcement proceedings are listed. Proposals for legal regulation of the use of mediation at the stage of enforcement proceedings in Russia are formulated.Scientific novelty: comprehensive study of foreign experience of mediation at the stage of enforcement proceedings on the example of member States of the European Union and the member States of the Eurasian Economic Union, as well as analysis of Russian legislation allow to assess the prospects of mediation in the stage of enforcement proceedings and to identify risks of its use in Russia.Practical significance: the main provisions and conclusions of the article can be used by experts to formulate proposals for the further revision of the State program of the Russian Federation "Justice", approved by Resolution of the Government of the Russian Federation, 15 April 2014 No. 312.

TRANSLATED ARTICLES

189-207 396
Abstract
Objective: to study the decision-making process in high-risk-for-violence situations.Methods: formal-legal, sociological, method of hierarchical generalized linear modeling.Results: criminological research has favored the rational choice perspective in studying offender decision making. However, this theoretical approach does not take into account the complex interplay of situational, cognitive, emotional, and person factors that likely influence criminal decision making. To that end, the current study examines decision making in high-risk-for-violence situations focusing on social information processing and emotional state variables. The current study utilizes a sample of 236 newly incarcerated jailed inmates who provide personal level data and situational reports of violent and avoided violence situations (n = 466).Scientific novelty: the findings for the first time show that several situational, social information processing, and emotion variables, such as intent interpretation, goal, and response generation, are significant predictors of the escalation of violence, hence increasing the probability of committing a crime.Practical significance: the main provisions and conclusions of the article can be used in scientific and law-enforcement activities when considering the issues of identifying and eliminating the reasons and conditions of crime committing, as well as with influencing the individuals in order to prevent crimes or anti-social behavior.
208-224 319
Abstract
Objective: to examine the boom-crime relationship in resource-based boom counties, and to propose socio-economic and legal measures to reduce the boomtown effect.Methods: 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 that determined the choice of the following research methods: formal-logical, comparative-legal, survey, interview, focus groups, generalized least squares method.Results: The expansion in natural resource development in rural communities has led to a number of social problems in these places. The media, community stakeholders, as well as law enforcement and human service personnel have reported that the rapid growth in these communities leads to increased crime and other social ills. In order to better understand the boom-crime relationship, index crimes in oil and natural gas producing counties in Montana and North Dakota were examined. Comparison of 2012 crime rates in a matched sample of counties revealed that crime rates were higher in oil-impacted counties. A pre-post analysis found that violent crime in boom counties increased 18.5% between 2006 and 2012 while decreasing25.6% in a matched sample of counties that had no oil or gas production. Inconsistent with the media portrayal of these communities as a new "wild west" we did not find a significant association between oil or natural gas production and property or violent crime in a series of OLS regression models. Scientific novelty: for the first time the article uses index crimes in oil and natural gas producing counties in Montana and North Dakota to reveal the association between the rapid growth of towns and the crime rates.Practical significance: the main provisions and conclusions of the article can be used in research and educational activity, as well as for predicting the social-economic development of boomtowns.


ISSN 2782-2923 (Print)