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Russian Journal of Economics and Law

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Vol 11, No 2 (2017)

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

5-18 263
Abstract
Objective: Discussing the gap between the ISO 9001 requirements and the trend of modern management development.Methods: abstract-logical, correlation analysis. Results: the authors analyzed the practice of quality management systems certification according to the requirements of the ISO 9001. The analysis has shown that this standard is not consistent with the trends of management in the 21 century, because it lacks orientation to person, systemic approach and understanding of variability. In addition, one of the key problems of the ISO 9001 is a considerable bureaucracy in the quality management systems certification. To substantiate the inconsistency of the standard to contemporary reality, the authors make an attempt to evaluate the impact of certification on the development indicators of countries and to determine the need for such certification.To conduct the assessment, we analyze the dynamics of the number of the issued certificates in terms of countries and industries. Basing on the analysis, we come to the conclusion about the permanent reduction in the growth rate of the number of certificates. Then we make the correlation analysis between the number of the issued certificates and the number of indicators of socio-economic development in the same countries, such as GDP, education level index, corruption perception index, etc. The result was the conclusion about the absence of a significant relationship between these indicators; thus, we consider it inappropriate to continue the certification of quality management systems to comply with the ISO 9001 requirements. In conclusion we set out proposals for the way out of the situation.Scientific novelty: the use of economic-mathematical methods to justify the rejection of further certification according to ISO 9001. Practical significance: the conclusions formulated by the authors can be used in practical activities of organizations when deciding about the need for certification in accordance with ISO 9001 or rejection of such certification.
19-38 219
Abstract
Objective: to estimate the efficiency of limit for legionaries as a tool for regulating the Russian transfer market. Methods: formal methods of the labor market supply and demand model, combinatory analysis, statistical methods. Results: the article views the order of regulation of the labor relations with foreign legionaries in sports. It is defined that in most countries regulation implies limitation of the number of legionaries who can be claimed for the season or be on the field. The article analyzes the approaches to the transfer market regulation methods, as well as the arguments for and against limiting the number of legionaries. Basing on the analysis of literature, the author estimates the efficiency of transfer market regulating from the economics viewpoint, as well as the results of sports events.The author checks the hypothesis about the inefficiency of the limit as a tool for increasing the quality of the Russian players’ performance, based on a number of indicators, such as the inefficiency of the national team’s performance, number of legionaries, their performance, etc. The estimation was carried out on the basis of a number of theoretical models: 1) model of increasing the footballers’ salaries; 2) model of free selection of players by the coach and 3) model of quality players’ selection. Basing on these models, the hypothesis was disproved of the rapid “victory effect” from the limit - the first significant results of the regulation appeared in Russia not earlier than after 10 years. It is supposed that the limit can be explained by G. Akerlof’s model: by controlling the number of legionaries, it is possible to attract more qualified foreign players into the national league. Analysis of the Russian teams’ experience showed that the limit has not resulted in: 1) the increase of the legionaries’ quality of performance; 2) the increase of the playing time of the Russian players on the field in the national championship; 3) the increase of competitiveness of the Russian national team in international tournaments; 4) the increase of investments into youth football, but has caused the increase of both Russian and foreign footballers’ salaries.Scientific novelty: applying the economic approach to the transfer market analysis allowed to obtain scientific conclusions about the influence of the limit and to substantiate the main argumentative reasons used in the public discussion.Practical significance: the main conclusions of the article can be used in making decisions about correcting the limit for legionaries on the eve of hosting the World Cup in Russia.
39-47 190
Abstract
Objective: to analyze the impact of economic crisis in Russia on the enterprises’ access to productive resources, as well as on the level of their competencies.Methods: historical, abstract-logical.Results: the article states that, despite the influence of external factors, the main activities of the company are internal capabilities and resources of the firm. It is shown that under crisis a company must adapt to the limited resources, i.e. change the competences of using them. Under modern conditions the competitive advantage can be based on two components - access to resources and internal ability of the company to use them. Therefore, under the resource constraints such competencies should be generated as: 1) ability to use a smaller amount of resources; 2) more efficient use of available resources; 3) search for the new resources, development of own resources.The study determined that the acquisition of new competencies by the company will be associated with the use and improvement of its cognitive capabilities, which are a function of organizational and individual knowledge possessed by the enterprise, i.e. its intellectual capital.The article analyses the experience of development of new competencies under crisis by the example of reorganization of "Prompribor" plant and activities of "Galogen" JSC. Analysis of the experience of these companies, which not only survived during the crisis, but also acquired new competences and skills, have led to the conclusion that the key role in this process was played by working with the main part of a company's intellectual capital, i.e. human capital. Thus, a conclusion is made about the value of people and their common interests during the transformations within the enterprise.Scientific novelty: for the first time the cognitive aspects of the enterprises’ modernization system are considered from the viewpoint of the new resource and competence theory of the enterprise.Practical significance: the main provisions and conclusions of the article can be used in the development or adjustment of the enterprises’ modernization strategy under economic crisis.
48-66 256
Abstract
Objective: to analyze and evaluate the regional disparities of socio-economic development of the Russian regions in terms of income differentiation adjusted for the level of inflation.Methods: indicator by which to measure the level of regional growth heterogeneity is Gini coefficient, allowing to determine the degree of the Russian regions’ deviation from absolute equality. The unique feature of the author’s approach is the calculation and analysis of the Gini coefficient not only in current prices but also in comparable prices of 1991. Thus, the comparison of the Gini coefficient in terms of "per capita income" in the period from 1991 to 2013 in comparable and current prices allows to estimate the impact of changes in the prices level on the dynamics of regional development.Results: the article states that the regions differentiation by the level of economic development determines the necessity of considering this factor in economic policy areas. In these circumstances, the analysis of income differentiation of the Russian regions has to take the impact of inflation into account.The article reviews the Russian and foreign research in the sphere of the income differentiation. Significant scientific interest to the problem of regional inequality is obvious over the past several decades. Approaches and methods of assessing the level of regional disparities are systematized, as well as its key performance indicators.To assess the level of differentiation of Russian regions, we used the Gini coefficient, which was calculated not only by current, but also by comparable prices. The calculation was carried out basing on the recalculation of the per capita income using the consumer price index. In the framework of the analysis, the calculated Gini coefficient for per capita income by current and integrated prices allowed to observe the differential behavior of this indicator. In terms of "per capita income" by current prices, there is a strong tendency of divergence between the regions. This dynamics can be explained by the differences in the level of prices in different Russian regions. The analysis of this indicator in comparable prices showed the opposite dynamics - the dynamics of convergence of the regions since 1999. During this period - the period of rising prices - we see the process of budgetary funds redistribution, which increases the income of the population employed in public-sector organizations. The income growth leads to convergence between the regions and to the reduced disparity.Scientific novelty: the article analyzes the dynamics of regional differences of the Russian regions in terms of "per capita incomes" in current and comparable prices, which allowed to assess the impact of inflation on this indicator in the period since 1991. Practical significance: the main provisions and conclusions of the article can be used in scientific and practical activities in addressing the issues of interregional differentiation. The results of the Gini index calculations by comparable prices of1991 are presented in a table and can be used in the analysis of interaction of macroeconomic indicators in the Russian regions and Russia as a whole.
67-82 361
Abstract
Objective: to assess the effectiveness of the mechanisms supporting “green” projects’ funding in developed countries and in Russia.Methods: comparative analysis, regression analysis.Results: the article substantiates the necessity of mainstreaming the environmental protection issues under modern conditionsof the world economy development. It is emphasized that, despite the advantages of the development of “green” economyfor society as a whole, the market highlights a variety of hindering factors. In this context, it is increasingly important tostudy the experience of countries in implementing projects on “green” economy formation.We analyze the experience of Great Britain in creating special institutions to support “green” investment, raising funds mainly through the use of credit and warranty programs. The UK also demonstrates the experience of applying environmental taxes and a wide range of environmental financial products. Analysis of the experience of South Korea showed the country's strategy for “green” growth and the functioning of a framework law providing financial support to “green” companies and private investment in this area. The experience of Canada province of Ontario shows that in the field of “green” economy such support mechanisms are applied as “green” bonds, preferential tariff programs, etc. Germany also demonstrates progress in addressing environmental problems by imposing requirements for the population in this area, as well as the creation of preferential programs of financing “green” projects.The analysis showed that, in contrast to the studied countries, in Russia there is no comprehensive mechanism of state support for environmental projects. The existing mechanisms are associated with the implementation of state programs in the sphere of high-tech industries.Basing on regression analysis, we estimated the influence of state support measures for “green” funding on the volume of environmental investment from the private sector in the studied countries. The analysis has demonstrated the effectiveness of measures to support environmental projects in all countries except Russia.Scientific novelty: the article systematizes the experience of countries in the use of support mechanisms of funding “green”projects and assesses their effectiveness for attracting private capital into “green” projects.Practical significance: the studied mechanisms to support funding for "green" projects that are applied in foreign countries can be used by the authorities to increase the amount of “green” investment from the private sector in Russia; the presented model will help to assess the effectiveness of budget spending in this area.
83-99 211
Abstract
Objective: to analyze the procurements of the executive authority of the Republic of Crimea in the transition period and to evaluate their effectiveness.Methods: the study used the methods of grouping, vertical and horizontal analysis, economic-mathematical modeling. Results: after the Republic of Crimea disconnection from the Ukraine and subsequent accession to the Russian Federation, the state customers in the region were in a difficult situation due to the adaptation of the existing procurement system to the Russian legislation norms. Basing on the data of the Republic of Crimea Ministry of Justice, the authors analyzed the state procurement across all stages of changing the legal field for the customers of the Republic. On the basis of the study, it is concluded that under the Ukrainian legislation the bulk of procurements was carried out without competitive procedures, while the remaining purchases showed the low level of savings. We also revealed the increase of procurement procedures complexity after the Republic accession to the Russian Federation, while during the transition period the customers made procurements according to a simplified procedure. The analysis of the procurement effectiveness for the customer showed that, as a result of legislative changes, the number and value of competitive procurements significantly increased, as well as the saving rate of tenders and auctions. On the basis of correlation-regression model the authors have proved the hypothesis that number of the procurement participants has an effect on the savings rate. As a result, the necessity of increasing the number of competitive procurements was substantiated, since the number of participants directly affects the savings rate in the course of bidding. Scientific novelty: on the basis of the analysis, the authors showed a positive economic effect from the changes in the legal framework of public procurement for a particular customer - the Republic of Crimea, which was manifested in the growth of savings rate and the number of competitive procedures. With economic-mathematical methods the authors proved the hypothesis that the saving rate increased following the results of procurement procedures, if the number of participants of the auctions and tenders increased. According to the results of the analysis, proposals for improving the contract procurement system are formulated. Practical significance: the proposed recommendations can be used by state customers and public authorities in procurement procedures and changes in laws and regulations in the field of public procurement with the aim of improving the efficiency of the contract system.

THEORY AND HISTORY OF LAW AND STATE

100-113 188
Abstract
Objective: to obtain dimensionless criteria - economic indices characterizing the national economy and not depending on its size.Methods: mathematical modeling, theory of dimensions, processing statistical data.Results: basing on differential equations describing the national economy with the account of economical environment resistance, two dimensionless criteria are obtained, which allow to compare economies regardless of their sizes. With the theory of dimensions we show that the obtained indices are not accidental. We demonstrate the implementation of the obtained dimensionless criteria for the analysis of behavior of certain countries’ economies.Scientific novelty: the dimensionless criteria are obtained - economic indices which allow to compare economies regardless of their sizes and to analyze the dynamic changes in the economies with time.Practical significance: the obtained results can be used for dynamic and comparative analysis of different countries’ econo-mies regardless of their sizes.
114-121 243
Abstract
Objective: to identify the political, socio-economic and legal risks on the way of Russia and the Slavonic world towards sustainable development.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 and structural, formal-legal and comparative-legal.Results: the article views the system of risks on the way of Russia and the Slavonic world towards sustainable development, which includes political, socio-economic, legal and civilizational risks. Scientific recommendations are formulated for the identification, analysis and elimination of risks. The main tendencies of the world order are identified: changes in the structure of the states’ national interests; strengthening the role of non-state actors; promotion of democratic values and ideals; the increasing role of international and interstate cooperation.Scientific novelty: the article proposes a classification of risks that stand in the way of Russia and the Slavonic world towards sustainable development, the necessity of their complex, including constitutional, overcoming, and identifies the causes and conditions contributing to the emergence of the risks.Practical significance: the main provisions and conclusions of the article can be used in scientific and educational activities in addressing the issues of planning and predicting the state and legal phenomena and processes.

CIVIL LAW

122-130 196
Abstract
Objective: to identify the basic principles of the notion “association”, to define and substantiate the principles of associative cooperation.Methods: studying of the normative documentation of associative forms of cooperation of the legal subjects; analysis and summarizing of the scientific literature in the studied area.Results: the essential features of the notion “association” are identified and substantiated; the principles of associative cooperation of the legal subjects are described and systematized, i.e. lawfulness, non-profit character of the objectives, preserving autonomy and rights of the members of associations, and others.Scientific novelty: the features of the inter-sectoral notion of “association” are substantiated and revealed, which is interpreted as association of the legal subjects and/or citizens, based on voluntary or, in cases stipulated by law, obligatory membership and created for in order to represent and protect the common, including professional, interests, to achieve the publicly beneficial goals, and other legal and non-profitable goals. The main features of an association are formulated: association of the legal subjects and/or citizens; voluntary or, in cases stipulated by law, obligatory membership; representation and protection the common, including professional, interests; achieving the publicly beneficial and other legal goals; non-profitable character of the goals. The classification of associative cooperation principles is formulated and substantiated, depending on the object of its direction: substantive principles, regulating the content of the association activity (principles of lawfulness; non-profitable character of the goals; preserving the autonomy and rights of the association members, etc.); organizational principles, regulating the organizational aspects of the association activity (principles of combining voluntariness and obligatoriness; obligatoriness of managerial decisions; guarantee of the right for the freedom of associations, etc.).Practical significance: the conclusions can be used in the activity of municipal authorities, other forms of associative co-operation of the legal subjects, and in teaching the courses of constitutional law and municipal law.

CRIMINAL PROCEDURE

131-144 218
Abstract
Objective: Consideration of the computer program model for making a lawful and well-grounded judicial act in order to reduce the times for making the court decision.Methods: universal dialectic-materialistic method, which removes the contradictions of the professional training of judges and procedural controls; the formal legal method for transferring the requirements of the law and jurisprudence for the law-enforcement activity into programs for judges and case participants; the object-oriented modeling; object-oriented programming methodology. Results: a computer program was created that allows to adjudicate in a civil case if the claim is recognized by the defendant. The program does not resolve the judge from the decision-making process, but creates conditions to move along the stages of law-enforcement procedure and legal reasoning in accordance with the requirements of the law and of legal science. Therefore, filling forms manually in the trial should be simultaneous with writing the decision (judgment, sentence, assessment). The program includes the following sections: preparation of forms common to certain types of proceedings, certain categories of cases, courts; in the above forms, determination of the order to establish the actual circumstances, the burden of proof distribution, types of evidence, methods of law interpretation, characteristics of collisions and gaps in legislation and ways to overcome them; the standard wording in the judicial act templates and in the forms; mandatory and optional information in the form. Based on the above, the article concludes that, by analogy with the presented program, it is possible to create software for making a lawful, well-grounded and fair judicial act for other categories of cases and, as a consequence, to reduce the period of making judicial decisions. Scientific novelty: the first computer program is created for rendering and production of judicial decisions.Practical significance: the model is made to create a mass tool of judicial activity, to eliminate errors and clearly unjust ruling in the court proceedings, as well as to reduce the production time of the judgement.

INTERNATIONAL LAW

145-153 219
Abstract

Objective: to identify and analyze the changes in the legal regulation of financial markets in the EU, which occurred as a result of continuous reforms, one of the key steps of which was the adoption of Directive 2014/65/EC “On financial tools markets”. This document defines the framework for transactions with derivative financial instruments.Methods: formal-legal, comparative, historical, analytical methods of scientific cognition.Results: it was found that Regulation No. 600/2014/EU of the European Parliament and of the EU Council “On the financial tools markets” introduced the trading obligation to transactions with derivative financial instruments, that is, the rules on signing contracts on a certain type of regulated platforms. These platforms include regulated markets, multilateral and organized trading platforms, as well as similar platforms registered in the third states. The delegated regulations of the European Commission define the criteria for the diffusion of trading obligations onto various types of financial derivatives. At the moment it is impossible to fully evaluate the innovations results, as most of the provisions and secondary legal acts have not yet come into force or have not been adopted. However, it is clear that the reform of 2014 will not leave the derivatives market in its previous state. Directive No. 2014/65/EU and Regulation No. 600/2014/EU “On financial tools markets” produced a revolution for them. The trading obligation imposed by these documents has forced the parties, involved into transactions with derivative financial instruments, to adopt a new perspective on their activities. As a result of the innovation, a huge part of transactions with them has to be transferred onto regulated platforms and the OTC contracts for many will become illegal.Scientific novelty: the article for the first time analyses and studies the reform of the derivatives market in the EuropeanUnion, as well as peculiarities of functioning of regulated platforms.Practical significance: the findings and provisions of the article can be used for the preparation of normative legal acts in the sphere of financial law of the Eurasian Economic Union, as well as for the improvement of the legislation of the Russian Federation.

154-169 403
Abstract
Objective: to analyze the notion of “diaspora diplomacy” and the main concepts connected with it.Methods: dialectic approach to cognition of the social phenomena, allowing to analyze them in their historical development and functioning in the context of the integrity of objective and subjective factors, which determined the choice of the following research methods: systemic-structural, formal-juridical, comparative.Results: it is proved in the article, that a diaspora is a part of a nation or a community located in different parts of the world outside the country of origin. In some states diasporas may develop strong ties with the leaders of their present countries, thus influencing their internal and external policy. This phenomenon is known in Americal science as “diaspora diplomacy”. In the recent period it has become increasingly important to analyze the objective and subjective factors of forming the external policy of some countries and the role of diaspora in this process. However, basing on the analyzed sources, we can conclude that the notion “Diaspora diplomacy” is still being formed, as it is being interpreted as various political realities. The studied scientific literature contains several approaches towards the notion of “Diaspora diplomacy”: a) a branch of political sociology of international relations; b) the basic tool for determining various types of external policy, c) diplomatic strategy. Scientific novelty: the article analyzes the notion of "Diaspora diplomacy", as well as the related basic concepts; describes the features of development dynamics of foreign relations between different countries and the role of diaspora in them. Practical significance: the main provisions and conclusions of the article can be used in research and teaching when addressing the issues of the nature of diaspora diplomacy and related concepts.

TRANSLATED ARTICLES

170-198 260
Abstract
Objective: to elaborate the conceptual theoretical-legal provisions and scientific recommendations for the substantiating the inefficiency of mandated disclosure.Methods: general dialectic method of cognition, as well as the general scientific and specific legal methods of research, based on it.Results: the article explores the spectacular prevalence, and failure, of the single most common technique for protecting personal autonomy in modern society: mandated disclosure. The article has four parts: (1) a comprehensive summary of the recurring use of mandated disclosures, in many forms and circumstances, in the areas of consumer and borrower protection, patient informed consent, contract formation, and constitutional rights; (2) a survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions; (3) an account of the multitude of reasons mandated disclosures fail, focusing on the political dynamics underlying the enactments of these mandates, the incentives of disclosers to carry them out, and, most importantly, on the ability of disclosees to use them; and (4) an argument that mandated disclosure not only fails to achieve its stated goal but also leads to unintended consequences that often harm the very people it intends to serve.Scientific novelty: the article elaborates and introduces into academic sphere the substantiation of the efficiency of mandated disclosure, proves the failure of the mandated disclosure regime in informing people and in improving their decisions, and reveals the unintended consequences that often harm the very people it intends to serve.Practical significance: the provisions ad conclusions of the article can be used in scientific, law-making and law-enforcement activities, and in the educational process of institutions of higher education.
199-219 206
Abstract
Objective: to revisit the debate about rational choice theory from the legal, cultural and historical perspectives.Methods: dialectic approach to the cognition of social phenomena, allowing to analyze them in their historical development and functioning in the context of the integrity of subjective and objective factors; this determines the choice of the research methods: systemic-structural, formal-legal, and comparative.Results: The first part of this chapter will explain the way in which people in societies different from our own were subject to other motivations in situations where self-interest would tend to dominate in our society. The reasoning is based on three examples, one drawn from the history of Ancient Rome, one from the High Middle Ages of the European society, and one from a contemporary non-Western culture. The second part of the chapter analyzes the reason why material self-interest maximizing became a dominant motivation in the modern Western society. The works on historical sociology attribute this development to Calvinism, but this hypothesis suffers from some serious defects. In the article we prove that the modern sensibility resulted from much longer-acting trends, specifically secularization, urbanization and commercialization. The final section of the chapter explores the relationship between the West’s prevailing norm of self-interest maximization and the particular norms that have been discussed in microeconomic theory. It argues that some of these norms are internal to the prevailing one, and are thus explicable in terms of material self-interest, but that others reflect additional norms in the general society that exist alongside, and sometimes in competition with, the prevailing norm of self-interest maximization. The historically-based view that self-interest maximizing is a prevailing norm, rather than a human universal, allows these other norms to be acknowledged in a plausible and realistic manner, rather than being explained away by a Procrustean, and ultimately unconvincing effort to fit them into a unitary model of human motivation.Scientific novelty: the article proves that material self-interest maximizing is a prevailing norm in our society, determining a good deal of observed behavior. However, because it is a norm, and not a human universal, it can be readily altered or alloyed by other norms when circumstances render those considerations operative. Thus, behavior that cannot be explained as rational choice should not be regarded as enigmatic lapses into irrationality. Rather, it represents the natural interplay of varying attitudes that any complex society displays, the range of behavior resources that individuals within such a society will naturally draw upon in daily life. Each particular motive may require explanation, but the fact that they are mixed together does not. Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering the issues of the legal behavior of the humans.


ISSN 2782-2923 (Print)