Vol 11, No 3 (2017)
ECONOMICS AND NATIONAL ECONOMY MANAGEMENT
5-15 299
Abstract
Objective: to study the organizational principles of institutional mechanisms in innovation sphere which are capable of maintaining and developing the interaction of science, state and business.Methods: general scientific principles of economic phenomena cognition, such as dialectical, structural, historical approaches, which allowed us to evaluate the institutional structures and mechanisms, to reveal their inherent qualities and structure, and to identify trends in their historical and future development. The specificity of the institutions, which characterizes the individual companies, was considered on the basis of comparative institutional analysis, drawing on the institutional concept of the X- and Y-economies. Justification of the practical conclusions was made on the basis of theoretical analysis and generalization of the actual historical examples of innovative breakthroughs, both in Russia and abroad.Results: institutional characteristics of interaction between science, state and business in Russia, USA and China were analyzed. Investigation of the projects associated with innovation breakthroughs: innovation center "Skolkovo" (Russia), Silicon Valley (USA) and Technopark "Zhongguancun" (China), revealed the specificity and established cause-and-effect relations in the formation of institutional mechanisms that are present in their implementation. As a result, it was determined that the effectiveness of institutional mechanisms for the innovative projects implementation is connected with such combination of the implemented institutions, which reflects the dominant position of the institutional matrix of the society in which these projects are implemented. Scientific novelty: for the first time on the basis of the institutional concepts of the X- and Y-economies, the cause-and-effect relations in the formation of institutional mechanisms for innovative areas in different countries were investigated. Practical significance: the results and conclusions of the article can be used in scientific and teaching activities in terms of issues concerning the essence and principles of innovative projects formation, as well as by specialists of public agencies for the development of innovative strategy of the country.
16-29 256
Abstract
Objective: to determine, study and systematize methods of forming and maintaining an attractive brand of a Humanities research organizations under the present conditions in Russia.Methods: abstract-logical.Results: the article analyzes the value of information on scientific research results and the mechanisms of its propagation under the conditions of reducing the financing of scientific organizations. The problem is establishing relationships of Humanities research organizations with potential users. It is shown that the solution to this problem may be found in the formation of a positive image of a research organization in the form of a brand that can ensure effective dissemination of information about the achievements of the research organizations and possible ways of their commercial applications in the practical work of production and educational institutions.The article studies the approaches to definition of a research organization brand, including the notions of authority and reputation; based on them, the author’s approach to this term is formulated. It is shown that a significant role in the formation of the brand is played by infocommunicational environment, which is a necessary condition for the formation of the positive image of a research organization. The concept of target audience of a research organization is defined; its segmentation is carried out into several groups according to types of interaction, types of cooperation and the expected results of partnership. The ways are identified to attract attention of the target audience, as well as the principles of interaction with other research organizations and potential consumers of research results. Recommendations on brand development of a research organization are formulated, on the basis of temporal and spatial approach.Scientific novelty: the paper for the first time presents the structure of the target audience of the brand of a research organization in sociological and humanitarian sphere; modern tools are considered aimed at positioning research organizations in the scientific, business, and other environments.Practical significance: the obtained results can be applied in the practical work of research organizations functioning under the conditions of significant reduction of state support, for the search of additional sources of research funding in the long term.
FINANCE, MONERTARY CIRCULATION AND CREDIT
CORPORATE DEBTS AD CREDIT PERFORMANCE UNDER THE NEW MECHANISM OF REORGANIZATION OF THE RUSSIAN BANKS
30-42 207
Abstract
Objective: to explore the dynamics and factors of formation of corporate debts, the characteristics of low credit activity of the Russian banks and regulation of liquidity deficit of enterprises under the new reorganization mechanism in the Russian banking sector.Methods: systematic approach to the cognition of economic phenomena, which allows to study them in their dynamic development, taking into account the influence of various environmental factors. The systematic approach determined selection of specific research methods: empirical, logical, comparative and statistical.Results: the article is devoted to the problems of declining credit activity of commercial banks under the conditions of economic activity revival, as well as to assessing the impact of the new reorganization mechanism on this process. It is shown that in the recent years the non-financial sector faces the trend of optimizing the corporate debts and the liquidity deficit, which reduced the demand for loans and, as a consequence, decreased the banks’ credit activity.To analyze the dynamics of deficit/surplus of liquidity in the corporate sector, a new classification of liquidity deficit/surplus levels was introduced. Based on the proposed classification, the risk factors were identified that influenced the dynamics of indebtedness in the corporate sector.The article also analyses the modern monetary mechanism of money supply in the economy and its transformation. It was determined that the main limitation of credit issuance by commercial banks is their capital, not the reserve multiplier. The new mechanism of credit institutions’ financial recovery and its impact on the banks’ credit activity was estimated. The conditions of liquidity deficiency reduction in the Russian companies were analyzed in the medium term.Scientific novelty: for the first time, on the basis of system analysis methods, the growth factors of the corporate debt load were identified, the peculiarities of low credit activity in the banking sector were investigated, as well as and the possibility to regulate the liquidity of Russian enterprises under the conditions of a new mechanism of the Russian banks’ reorganization. Practical significance: the main provisions and conclusions of the article can be used to modernize and clarify the target mandates, instruments, channels and mechanisms of the Bank of Russia monetary policy, which enable to increase the Russian banks’ credit activity and to reduce the corporate debts of enterprises to the maximum permissible level.
MATHEMATICAL AND INSTRUMENTAL METHODS IN ECONOMICS
43-55 221
Abstract
Objective: to elaborate a mathematical model of economic growth, taking into account the cyclical nature of macroeconomic dynamics, with the model parameters based on the Russian economy statistics.Methods: economic and mathematical modeling, system analysis, regression factor analysis, econometric time series analysis. Results: the article states that, under unstable economic growth in Russia, forecasting of strategic prospects of the Russian economy is one of the topical directions of scientific studies. Furthermore, construction of predictive models should be based on multiple factors, taking into account such basic concepts as the neo-Keynesian Harrod-Domar model, Ramsey - Cass - Koopmans model, S. V. Dubovskiy’s concept, as well as the neoclassical growth model by R. Solow. They served as the basis for developing a multi-factor differential economic growth model, which is a modification of the neoclassical growth model by R. Solow, taking into account the labor-saving and capital-saving forms of scientific-technical progress and the Keynesian concept of investment. The model parameters are determined based on the dynamics of actual GDP, employment, fixed assets and investments in fixed assets for 1965-2016 in Russia, on the basis of official statistics. The generalized model showed the presence of long-wave fluctuations that are not detected during the individual periods modeling. The cyclical nature of macroeconomic dynamics with a period of 54 years was found, which corresponds to the parameters of long waves by N. D. Kondratiev. Basing on the model, the macroeconomic growth forecast was generated, which shows that after 2020, the increase of scientific-technical progress will be negative.Scientific novelty: a model is proposed of the scientific-technical progress indicator showing the growth rate of the capital productivity ratio to the saving rate; a differential model of macroeconomic growth is obtained, which endogenously takes cyclicity into account.Practical significance: the differential growth model can be used to predict the macroeconomic dynamics, including economic crises, for the strategic regulation of the economy and elaboration of state programs of economic development.
CRIMINAL LAW AND CRIMINOLOGY
56-80 336
Abstract
Objective: on the basis of sociological research, to determine the level of confidence in police among the population of Nizhny Novgorod region and to measure the subjective assessment by citizens of the degree of protection from criminal attacks. Methods: general scientific (analysis, systemic-structural approach to the analysis of research object, comparative-legal), as well as logical methods and the special scientific method (questionnaire method - questioning of residents of Nizhny Novgorod region).Results: the characteristics of the process of actual interaction between citizens and police are identified and classified; the attitude to police and the level of trust in police in general and in certain areas of their work in various categories of the population are identified; the typology of population groups depending on their concepts about police functioning is carried out. Scientific novelty: for the first time, the article discusses public opinion of the Nizhny Novgorod region residents about police officers; the actual characteristics and interaction between citizens and police are revealed; proposals and practical recommendations were formulated for adjustment of the work of territorial bodies of the Ministry of Interior with the aim of increasing the level of their credibility with the population. Among them are: a) to improve the efficiency of propaganda of the police work results in mass media, including the work with citizens’ claims, disclosure and investigation of crimes, especially those which caused a broad public resonance; b) to inform citizens and police officers about the social importance of the activities of Internal Affairs bodies and internal troops for ensuring public order, prevention, suppression, disclosure of crimes and offences; c) to expand the number of journalists specializing in law-enforcement issues; d) to simplify the procedure for receiving claims from citizens about small and medium crimes with the use of modern technologies (the possibility of electronic claims through specialized portals or applications); d) to continue explaining to citizens the advantages and possibilities of use the “Safe city” application for crime prevention in public places and increasing the effectiveness of police officers for suppression, disclosure and investigation of crimes in hot pursuit.Practical significance: the results of the study reveal the essential characteristics of public opinion about the police officers’ image. These characteristics can be used as a tool for shaping the image of law-enforcement officers. The guidelines are developed for improving the analytical support of activity of divisions of the Russian Ministry of Internal Affairs in Nizhny Novgorod region and territorial bodies of the Russian Ministry of Internal Affairs deployed in the region, to increase the level of credibility among the population.
81-93 381
Abstract
Objective: to implement a comprehensive theoretical analysis of the existing approaches to the definition of concept of crimes against military service, their nature, characteristics, classifications and types. 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, formal-legal, analysis, synthesis, comparison.Results: on the basis of analysis of the norms of the Russian Criminal Code related to crimes against military service and the provisions of criminal and military criminal law doctrine, the author has developed and proposed a new classification of crimes against military service, depending on the object of crime.Scientific novelty: the article substantiates the fact that the classification of crimes against military service is conducted exclusively within the doctrine of criminal and military criminal law on the basis of various criteria: the direct object of crime, the victim, the objective aspect of crime, the subject of crime, the subjective aspect of crime, etc. At the same time, the author’s classification of crimes against military service is proposed, depending on the object of crimes under study: 1) crimes against the established order of statutory relations between servicepersons (Articles 332-336 of the Russian Criminal Code); 2) crimes against the established order of the general organization of military service (Articles 337-339 of the criminal code); 3) crimes against the established order of carrying out special services stipulated by military regulations (Articles340-344 of the Russian Criminal Code); 4) crimes against the established procedure for the treatment of military property (Articles 345-348 of the Russian Criminal Code); 5) crimes against the established procedure for the treatment of combat or potentially dangerous military equipment (Articles 349-352 of the Russian Criminal Code).Practical significance: the main provisions and conclusions of the article can be used in scientific, educational, legislative and law-enforcement activities.
94-117 222
Abstract
Objective: to improve the system of bodies for prevention of family violence against the under-aged in South-Siberian region. Methods: an integrity of general scientific (analysis, synthesis, systemic analysis, comparative method, generalization) and special scientific (statistics and documents study) methods. Results: the article views the issues arising and existing in the activity of bodies of the system for prevention family violence against the under-aged. The author states that there are gaps in the normative regulation of these bodies’ functioning and problems of information interaction between them; the absence of personified databank of children and families, where violence occurs, as it is stipulated by law; the lack of a unified approach to the recognition of families and children as being in socially dangerous situation; the lack of a unified approach to processing of these solutions; formalism in the work; the insufficiency of personnel. The article attempts to determine the directions of improving the functioning of prevention bodies to overcome the problems identified. Based on this analysis, the author also offers the mechanism to coordinate the interaction of these bodies. Scientific novelty: though the problem of family violence against the under-aged is acute, researchers had not paid sufficient attention to the study of individual aspects of the issue. Inadequate knowledge of the problem entails the lack of a true understanding of the causes and conditions that determine family violence; as a consequence, there are drawbacks in the organization of effective prevention system of this category of crimes.The imperfection of the prevention bodies functioning is, in fact, one of the conditions contributing to the occurrence of family violence against the under-aged. This problem was not raised by the researchers, who mainly dwell on the organization of these bodies’ functioning. In addition, the study of the question indicated in the title, as well as the problems of family violence in general, has never been conducted by the evidence of Southern Siberia. However, this particular region has its own peculiarities, due not only to its geographical position, but also the national characteristics of the population living on its territory. All this allows to speak of the scientific novelty of the issue.Practical significance: the conclusions stated in the article can be used in scientific, law enforcement and educational processes.
118-133 243
Abstract
Objective: to determine the content of the legal category of “victim”, the victimological terms derived from it and related categories used in the Soviet legislation and sub-normative legal acts of the first half of the 20th century. 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: analysis, synthesis, comparison, systematic, formal-legal, comparative-legal methods.Results: the content of the legal category of “victim” has been researchhed, as wellas the related and derived legal definitions of the Soviet legislation, which can significantly broaden the boundaries of the modern subject of the Russian victimology. Based on the analysis of the Soviet legislation, the author proposed scientific classification of victims into separate types. The territorial boundaries of the study completely cover the USSR territory. The temporal boundaries of the study are defined as the period from 1917 to 1950. In some cases, for completeness of research, the author refers to the normative legal acts of other time periods and other countries. The empirical base of the study consisted of 168 existing and invalid regulatory legal acts of the RSFSR and the USSR, and political-legal documents of senior officials of the RSFSR and the USSR.Scientific novelty: for the first time in the Russian victimological science, the content of the basic category of “victim” was studied, which was used in normative legal acts of the Soviet state in the first half of the 20th century, i.e. before the formation of the domestic (Soviet) victimology. The author, for the first time in domestic victimology, offered to recognize as a victim not only physical and legal persons, social groups, and public formations, but also a social institution - a family.Practical significance: the main provisions and conclusions of the article can be used in scientific, educational, legislative and enforcement activities.
INTERNATIONAL LAW
134-146 231
Abstract
Objective: to study the international political phenomena, which in the twentieth century were defined by certain scientific communities and governments of the world as “moral diplomacy”.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, systemic.Results: the concept of “moral diplomacy” is considered from different points of view. The sources of information analyzed in this work ascertain that there is a relationship between the concept of «moral diplomacy» and the two main approaches to its consideration. Despite the small amount of information on the subject, we managed to gather a sufficient number of documents in which the term “moral diplomacy” is applied to both certain types of foreign policy and some diplomatic strategies. We attempted to provide actual historical facts and identify the main scientific conceptions on the matter, as well as to form new ideas and concepts that would help to distinguish between different modern political scenarios. One of these concepts is “Contemporary moral diplomacy” that the U.S. government used as a diversion in an attempt to strengthen and extend their domination over Latin America.Scientific novelty: the information presented in the article helps to understand one of the types of modern diplomatic strategies used in the activities of the United States aimed to retain control in Latin American countries, and the possible actions that countries can take to defend themselves from this strategy.Practical significance: the main provisions and conclusions of the article can be used in research and teaching for the consideration of various contemporary political scenarios. In particular, the understanding of moral and immoral diplomatic strategies may be useful in the interpretation of international political movements in some countries such as the United States.
INFORMATION
147-160 379
Abstract
Objective: to familiarize a wide range of interested persons with the results of the 2nd Siberian Anti-corruption Forum with international participation “Topical issues of anti-corruption enlightenment and anti-corruption education” held on 15-16September 2016 at the Siberian Federal University (Krasnoyarsk).Methods: in the preparation of their presentations, the forum participants used the scientific method of dialectical cognition, and a number of specific scientific methods: historical-legal, systemic-structural, comparative legal, formal logic (deduction, induction, definition and division of concepts), etc.Results: elaboration of proposals on improvement of anti-corruption enlightenment and anti-corruption education. In the forum took part the Vice-rector for social Affairs of SFU, Doctor of Economics, Professor S. I. Mutovin, Director of the Law Institute of SFU, Doctor of Law, Professor I. V. Shishko and Head of Research and Development Department of International Institute for Educational Planning, UNESCO (France), PhD in Education M. Poisson, Head of the Department of Delictology and Criminology of the Law Institute of SFU, Doctor of Law, Professor N. V. Shchedrin, Director of the Center for anti-corruption technologies (Tomsk), PhD in Law S. M. Budatarov, Head of the Center for the Russian Law Studies, Professor of the Heilongjiang University of Harbin (China), PhD in Law Pan Dunmay, Director of the Center for combating corruption and legal expertise of SFU, Associate Professor of the Deparment of Delictology and Criminology of the Law Institute of SFU, PhD in Law I. A. Damm, as well as representatives of public authorities, local governments, civil society institutions, and mass media.Scientific novelty: the forum held interdisciplinary scientific-practical discussion of the key issues of formation of public intolerance towards corruption behavior by means of anti-corruption enlightenment and anti-corruption education. Practical significance: in the ensued scientific discussion, the forum participants put forward a number of proposals for improvement of legal regulation and organization of anti-corruption enlightenment and anti-corruption education in the light of the accumulated experience, including in foreign countries.
RATINGS AND REVIEWS
161-166 214
Abstract
Objective: to carry out a comprehensive analysis of a monograph by V.Yu. Lukyanova, devoted to one of the main elements of the legal institution of technical regulation - the technical norm.Methods: dialectic approach to the cognition of social phenomena, which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors; it determined the choice of the following research methods: formal-legal, comparative legal, etc. Results: the main approaches of the reviewed monograph were assessed which refer to the nature of technical norm, its position in the legislation on technical regulation. The reviewed monograph consists of an introduction, two sections, conclusion and bibliography. The introduction describes technical regulation at the modern stage of development, substantiates the topicality of the research, and briefly describes its structure. The first section is devoted to the legal nature of technical regulation. It explores such issues as: the development of concepts about the acts stipulating the mandatory requirements to products; the content of technical regulation; the forms of adopting technical regulations and their juridical force. The work also analyzes the role of technical regulation in the legislation system of the Russian Federation. In conclusion, the author proposes a systematic-parametric model of technical regulation in the Russian Federation.Scientific novelty: for the first time, the assessment is given to the provisions of the reviewed monograph, which refer to the nature of technical norm, limitations of its action both in time and space and by the circle of persons, the position in the modern Russian legislation. The conclusion is made that the monograph by V.Yu. Lukyanova should be published. Practical significance: the reviewer concludes that the monograph by V.Yu. Lukyanova can be used by specialists in the sphere of technical regulation and standardization, research workers, judicial authorities, students and post-graduate students.
TRANSLATED ARTICLES
167-207 244
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.
208-226 215
Abstract
Objective: to study the notion and essence of legal judgments calibration, the possibilities of using it in the law-enforcement activity; to explore the expenses and advantages of using it.Methods: dialectic approach to the cognition of social phenomena, which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors; it determined the choice of the following research methods: formal-legal, comparative legal, sociological, methods of cognitive psychology and philosophy.Results: In ordinary life, people who assess other people›s judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary, because it facilitates calibration by providing access to a rater›s previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes, or instead from someone who is incessantly hard to please. And even when less systematized, as in assessing a letter of recommendation or college transcript, calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration, the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing, nor do judges in reviewing legislative or administrative decisions, magistrates in evaluating search warrant representations, or jurors in assessing witness perception. In most legal domains, calibration by reference to the prior decisions of the reviewee is invisible, either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty: for the first time, the work substantiates that law is reluctant to take account of the past decisions of the individuals and institutions they are reviewing. By looking only at the particular decision under review, and not calibrating the posture of review on the basis of a history of decisions, reviewing courts and other reviewing institutions embody the particularism that is a large part of the American legal tradition.Practical significance: the main provisions and conclusions of the article can be used in scientific and educational activity when viewing the issues of legal judgments calibration.
ISSN 2782-2923 (Print)