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Russian Journal of Economics and Law

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Vol 12, No 1 (2018)

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

5-18 273
Abstract
Objective: to assess the impact of policy change scenarios in the sphere of public procurements on the development of science cities.Methods: simulation modeling, agent-oriented modeling.Results: depressive trends of single-industry towns’ development are one of the key problems in the development of Russia. At the same time, the procedure for identifying suppliers, proposed by the system of public procurements, does not imply mechanisms that would favor the development of science cities. The article analyzes the approaches to estimate the effectiveness of the public procurements system. It is determined that the agent-oriented approach is one of the most promising methods of public procurements management. Through simulation modeling, in particular agent-oriented approach, the article presents the results of scenario experiments. It is established that public procurements can act not only as an instrument of effective expenditure of budgetary funds, but also as a mechanism of economic development of territories. Although the presented experiments showed a decrease in the level of savings as a result of competitive procedures, additional socio-economic effects were achieved, due to the localization of procurements participants in the science cities’ territory. Among other things, the scenarios suggest reduction of transportation costs and, consequently, the traffic flow between Moscow and science cities, which would help to reduce the load on the transport networks of megacities. Scientific novelty: for the first time it was shown that the tool of public procurements can serve for stimulation and maintenance of the development of science cities and single-industry towns and become a key factor in their development. The agent-oriented model of the public procurements system functioning by the example of Zhukovskiy science city was developed, which allows quantitative estimation of the consequences of introducing various mechanisms for improving the procurements activities. The effective method of supporting the procurements participants on a regional basis was experimentally identified and substantiated. Practical significance: the proposed assessment scenarios should be taken into account when forming the normative-regulatory basis in the field of public procurements. The elaborated model allows experimental estimation of invariant scenarios of improving the contract procurement elements, in order to increase the efficiency of the state functions and services, including the efficiency of the budget expenses in the procurements of goods, works, services for providing the state and public needs. The program can be adapted to analyze the functioning of the public procurements system both in other cities and all over Russia.
19-32 524
Abstract
Objective: to study the impact of economic sanctions on the key indicators of the liquidity and financial condition of the sanctioned banks of the Russian Federation, by comparing them to the indicators of non-sanctioned credit institutions. Methods: logical method, method of comparative analysis, statistical methods, method of graphic images.Results: the article examines the impact of economic sanctions on the Russian banking system. The sanctions affecting the Russian banking system are presented in chronological order. It is stated that the negative impact of the Western sanctions on the banking system is not denied. The authors analyze scientific works devoted to the effect of sanctions on Russian banks. The analysis revealed the absence of comprehensive studies of the effect of sanctions on the liquidity and financial condition of the sanctioned banks. For this assessment, the authors analyzed the performance indicators of six sanctioned and six non-sanctioned Russian banks with the largest assets. It is proved that economic sanctions led to deterioration of the financial results of the sanctioned banks, increased their dependence on the domestic interbank market and the funds from Bank of Russia. Other changes were mainly due to the overall economic situation, internal policies of banks and the policy of the Bank of Russia, not the sanctions. Scientific novelty: the article, for the first time, basing on the comparative analysis of the main performance indicators of the sanctioned and non-sanctioned banks, proved the impact of economic sanctions on the Russian banking system. However, despite the banking sector adaptation to the existing conditions through their reorientation to the domestic market, it should be noted that a certain tension ensuring the long-term liquidity is still preserved. The cost of the available long-term resources to be attracted remains relatively high, which influences the financial results of the banking sector. Therefore, without making cardinal decisions in this sphere, against the background of maintaining the effect of sanctions from the United States and the European Union, and perhaps their aggravation after the Russian banks entering the Crimean market, it would not be possible to achieve the long-term effect. In this regard, it is necessary to develop additional mechanisms to strengthen the banking sector by optimizing its internal costs, developing new markets available for long-term borrowing (China, India, Brazil, etc.), and using additional measures by the Central Bank of the Russian Federation to support the sanctioned credit institutions. Practical significance: the main provisions and conclusions of the article can be used in the formation of the development strategy for credit organizations, which bear the risks of the deterioration of the financial situation of borrowers due to the general economic situation, the restricted access of the sanctioned banks to cheap Western long resources; by the Central Bank of the Russian Federation when forming the monetary policy; by economists, financiers for the expansion and deepening the subject areas of scientific research. The study of the effect of economic sanctions on the banking sector allows predicting the further development of the situation and outline the steps necessary to mitigate the negative external influences within the constraints, and to form the patterns of stabilization and development with the aim of increasing bank stability.
33-48 238
Abstract
Objective: to assess the impact of indicators of intellectual capital derivatives on universities’ competitiveness.Methods: methods for studying the relationship of socio-economic phenomena, in particular the quantitative method for determining the closeness and direction of relationship between the sample variables (correlation analysis); regression analysis. Results: basing on the ranking data of the Russian Ministry of Education and RAEX ranking, a correlation analysis was performed of the degree of influence of intellectual capital derivatives on universities’ competitiveness. Taking into account the factors having the highest correlation with the ranking index, and using the multistage regression analysis, a regression model was found, describing the impact of factors on the ranking. The identified factors, that have a confirmed impact on the ranking functional, include: the number of higher education programs implemented in cooperation with foreign universities; the number of articles prepared jointly with foreign organizations; the number of foreign leading professors, lecturers and researchers. The group of these factors can be characterized as factors of internationalization of education and research activities of a university, and the model results not only confirm the positive impact, but also evaluate the impact of each indicator on the ranking functional value. Scientific novelty: by the sample of the most competitive Russian universities, the degree of the impact of internationalization factors on the ranking index was measured.Practical significance: the main provisions and conclusions of the article can be used in the scientific and educational activities of a university, in forecasting the future position of the university in the ranking depending on the factors of intellectual capital derivatives, as well as for forming the personnel, scientific and educational strategies and policies of the university, including taking into account the trend of internationalization of education.
49-64 210
Abstract
Objective: to analyze the current state of mortgage coverage of bonds issued by “VTB 24” PJSC and to identify the factors influencing the credit risk level of these securities.Methods: the analysis is based on the inductive and logical methods of cognition of economic phenomena, which made it possible to identify certain indicators of the quality of mortgage loans and their impact on the credit risk level of the entire pool of securitized assets. Graphic method and method of scientific abstraction were used for visual demonstration of the revealed interrelations. Results: the article deals with approaches to estimation of mortgage-backed securities. It is shown that the main mechanism of mortgage coverage is the transfer of assets into the pool of mortgage loans, which is the source of mortgage-backed bonds. It is emphasized that, due to the lack of methodology to discover the reliability of such bonds, there are risks of default on bonds for investors. The article analyzes the indicators characterizing the increase in the credit risk of mortgage loans under economic stagnation; the conclusion is made that there is a connection between the income of the population, the housing market and the level of mortgage rates. The credit pools of VTB-24 were studied on the basis of publicly available information contained in the register of mortgage coverage of bonds. As a result, it was determined that the loans issued during2013-2014 proved to be more risky; accordingly, the level of mortgage bonds for the second pool is also higher. Also the assessment of credits on the territorial basis was made; the districts were revealed, in which the share of default credits is higher; the factors influencing such situation were revealed.Scientific novelty: the article proposes a new approach to the assessment of credit risk of mortgage-backed bonds, based on the analysis of the influence of various factors on the behavior of securitized mortgage loans borrowers.Practical significance: the identified current trends in securitized loan pools are of practical importance for originators, and should be taken into account in the formation of future pools. On the other hand, the performed analysis is of practical importance for investors wishing to place their funds in such securities. The proposed study of the mortgage loan pool makes it possible to correlate the current risk level with the expected yield and to replenish the investment portfolio with the necessary assets.
65-76 221
Abstract
Objective: to identify and analyze the discrepancies between the level of educational services and the needs of the labor market in Kyrgyz Republic.Methods: empirical analysis is based on questionnaire data collected by International Labour Organization in 2013 to analyze the problem of transition of the youth in Kyrgyz Republic from educational system to the labour market. A Probit model with multiple alternatives was used to assess the factors of misalignment between education and employment.Results: the article is devoted to the analysis of the problem of imbalance of supply and demand in the labor market, namely the misalignment between the socio-professional skills of a young specialist and the company needs. The article emphasizes the need for an empirical approach to assessing this problem in developing countries, such as Kyrgyz Republic. The analysis of labor resources in the Republic showed that in the recent years the number of higher education institutions offering educational services mainly of humanitarian profile has increased sharply, while the most demanded professions are represented to a much lesser extent. At the same time, there is a fairly high level of unemployment among young professionals as a result of oversaturation of the market by representatives of certain professions. The article emphasizes that the current situation is associated largely with the presence of excess education, which, in turn, is caused by a number of factors, such as the lack of comprehensive assessment and forecasts of the labor market needs, the reluctance of universities to adjust educational programs to the market needs, etc.The article analyzes the data of the ILO survey which revealed that the correspondence of the education of the position largely varies in subjective and objective assessments. The prevalence of insufficiently educated and over-educated specialists in various industries was also revealed. The empirical multi-variant model, presented in the article, which establishesthe relationship between gender, level of education, experience, economic sectors and other factors, enabled to conclude that age significantly affects the opportunity to occupy a position corresponding to the level of education, while age and place of residence largely determine the probability of “excess” education. Scientific novelty: for the first time, the article examines the factors of mismatch between the education level and the labor market in Kyrgyz Republic case using empirical methods. Practical significance: the main conclusions of the article can be used in scientific research and analytical studies of the mismatch between the educational services and the labor market. In addition, the study results can serve as a basis for the development of employment policies by the relevant authorities.

THEORY AND HISTORY OF LAW AND STATE

77-88 516
Abstract

Objective: to comprehensively study the borrowings of law as a means of improving the national legal system. Great attention is paid to the classification of legal borrowings and the specifics of these processes in modern Russia.Methods: the methodological basis of the research is the synthesis of classical and post-classical ideological paradigms, which determined the choice of specific research methods: formal-legal, comparative, method of legal modeling, hermeneutic, discursive.Results: the article studies the legal category of “borrowings of law”. Based on the study of content, focus and methods of law borrowings, their classification (reception of law, legal dialogue, legal acculturation, legal transfer, legal expansion) is proposed. The author’s interpretation of these concepts and their role in improving the national legal system is given. Special attention is paid to the nature and significance of law borrowings in Russia. The conclusion is made that the effective legal system development is possible only under the combination of legal borrowings and national legal values. Scientific novelty: for the first time, the article analyzes the essence and content of law borrowings from post-classical viewpoint, their classification is given, defines their role in the legal development of modern Russia.Practical significance: the main provisions and conclusions of the article can be used in scientific and educational activities when considering the essence and content of legal development.

CRIMINAL LAW AND CRIMINOLOGY

89-100 353
Abstract
Objective: to evaluate the methodology of corruption analysis based on the corruption perception index.Methods: the author used such sociological method as non-participant (simple) observation, methods of expert assessments and analysis of documents, grouping and summarizing; calculation of generalizing indicators; analysis; economic-mathematical and statistical techniques.Results: the corruption perception index, like any other method of studying corruption available in science, cannot be recognized as a universal indicator of its measurement. It does not meet the requirements of measurement reliability: the number of data sources and countries included in the index changed; new surveys emerged and some studies were discontinued; changes to the calculation methodology were made. Therefore, the only reliable technique is to compare the data on a particular state from the same specific source over a period of time. However, the author believes that the monitoring of changes of this indicator in a particular state may be important for assessing the achievement of the state’s tasks aimed at improving the investment climate.Scientific novelty: despite numerous studies of certain aspects of anti-corruption, the search for a universal method for evaluating the effectiveness of this struggle continues. Basing on the data studied by the author, a quantitative sociological-statistical assessment of the effectiveness of anti-corruption measures in the Republic of Belarus and neighboring countries is given. The article also substantiates the proposal to develop the anti-corruption index for the countries which are similar in the standards of doing business and a common understanding of national interests and methods of achieving them, namely the Customs Union, CIS, BRICS and SCO countries.Practical significance: the provisions and conclusions of the research can be used by the state authorities and public organizations for the formation and implementation of the state anti-corruption policy, as well as in scientific and educational activities for the study of methods of struggling against corruption.
101-111 331
Abstract
Objective: to identify contradictions and inconsistencies between the normative-legal provisions referring to liability for crimes against property, as well as the facts of inconsistent and unfair changes in investigative-judicial practice due to ungrounded modification of criminal law and practice of its application.Methods: dialectical, historical, documentary, dogmatic, practical, systematic, complex, analytical, comparative-legal, statistical.Results: contradictions and inconsistencies were revealed between the normative-legal provisions on liability for crimes against property, as well as the facts of inconsistent and unfair changes in investigative-judicial practice, which arose as a result of unjustified modification of criminal legislation and practice of its application.Scientific novelty: the carried out critical analysis of the transformation of the Russian criminal legislation and the practice of its application allowed making conclusions aimed at improving the legislative activity of the Russian Federal Assembly and the interpretation practice of the Supreme Court of the Russian Federation. In particular, the article substantiates the following provisions: a) on the artificial creation of competition between the qualified and specially qualified corpus delicti of theft; b) on the inclination of the Russian lawmaking towards the Anglo-American legal family; c) on the incorrect unification of the general and special provisions in Art. 159 of the Russian Criminal Code; d) on the elimination of fraud as a form of theft with the characteristic criminal behavior, by the contents of Art. 1596 of the Russian Criminal Code; e) on the ungrounded change of law-enforcement in Russia unless it is connected with social-economic and (or) political-legal transformations in Russia.The research results show that the Supreme Court decisions contain: a) substitution of the concept of the “acquisitive goal” by the concept of “acquisitive motive” of property theft; b) ambiguous provisions on assessment of the crime under paragraph “g” of part 2 of Article 158 of the Russian Criminal Code; c) contradictory definition of the moment of completion (of corpus delicti) of administrative-legal acquisition of property by theft and the moment of completion (of corpus delicti) of the criminal-legal secret acquisition of property; d) provisions that prevent delimitation of the criminal-legal embezzlement of property from the minor waste of property and bringing the perpetrator to criminal or administrative liability; e) questionable advice to law-enforcers on the classification of theft that involves threatening life/health of the victim; f) contradictory explanation of the judicial practice of application of Article 163 of the Russian Criminal Code.Practical significance: the main provisions and conclusions should be used to improve the law-making activity and judicial interpretive practice.

TRANSLATED ARTICLES

112-131 207
Abstract
Objective: to investigate the impact of delinquency conduct on adult criminal career (by the example of delinquent boys in the 1958 Philadelphia Birth Cohort).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, predetermined the following research methods: formal-logical, comparative-legal, and sociological.Results: by the example of delinquent boys in the 1958 Philadelphia Birth Cohort, the authors investigate the nature of delinquency conduct, offense-by-offense, and its relationship to adult crime status. Although it is convenient to think of an offender's delinquency career as a whole, such a career actually consists of one or more specific offenses, and offense conduct can be worth studying in its own right. Thus, it is necessary to determine whether the timing, type, severity, court disposition, and so on of these juvenile offenses can be used to predict adult career pathways. An extensive review of the literature revealed that investigations of early offense conduct and its connection to adult crime are exceedingly scarce. Scientific novelty: for the first time, the research proves that the facility disposition appears to have a criminogenic effect. The juvenile court dispositions are significantly predictive of the adult paths-the less severe the disposition, the less adult crime. At the time of the second offense, age is found significant in that the younger the individual is at the time of the second offense, the greater the chances are that the individual will receive a higher score in the adult path variable. The younger the individual is at the time of the third offense, the more likely he is to score higher in the adult paths. Thus, to decrease the adult crime rates, it is necessary to work with delinquent criminals before they commit their third crime. Besides, it is substantiated that the strongest predictor of adult crime status was juvenile court dispositions. Practical significance: the main provisions and conclusions of the article can be used in research and teaching for the consideration of the issues related to the influence of juvenile offenses on the adult criminal career.
132-148 502
Abstract
Objective: to analyze the history, occurrence and development of the problem of prison violence from the viewpoint of the intersectionality of race/ethnicity and gender factors.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, predetermined the following research methods: formal-logical, comparative-legal, and sociological.Results: Minority men and women are significantly impacted by mass incarceration. Mass incarceration has also resulted in a growth in prison violence, and previous studies in this area have focused on individuals and not their interconnected statuses. This study specifically considers the role of intersectional criminology and the commitment of prison violence in a large western state on female inmates. Intersectional criminology is a theoretical approach that enables a critical look at the impact of individuals' interconnected statuses in relation to crime. The authors do not hypothesize about the reasons for the dependences between race/ethnicity and gender factors and the level of prison violence, but state that minority females commit more violent infractions in prison than White women. Intersectionality allows coming closer to solving the problem of identifying the incarcerated females as members of criminal groups and study the potential impact of this factor on the violence level.Scientific novelty: for the first time, the research proves that intersectionality allows receiving more reliable statistical results when estimating the level of prison violence. It has been proved that minority females commit more violent infractions in prison than White women. Thus, this study builds upon previous arguments that intersectionality should be more widely used in future research, and discusses implications for the findings.Practical significance: the main provisions and conclusions of the article can be used in research and teaching for the consideration of the issues related to prison violence and the intersectionality of race/ethnicity and gender factors.

RATINGS AND REVIEWS

161-170 253
Abstract
Objective: comprehensive and objective evaluation of a work by P. A. Kabanov and R. R. Magizov “Modern criminology as a science and educational discipline”, published in Kazan in 2017.Methods: dialectical approach to cognition of social phenomena using general scientific methods of cognition based on it:analysis, synthesis, comparison, etc.Results: the authors’ concept of modern criminology as a science and educational discipline is analyzed, as well as its structure, relationships with other sciences, main trends in criminology and prospects for its development. Much attention is paid to the unconditional usefulness of the publication, first of all, for those who study criminal law, because, as the authors rightly point out, modern criminological science is an extremely dynamic and multidimensional branch of knowledge, in respect of which a unified approach in understanding its main categories has not yet been developed.In the first chapter of P. A. Kabanov and R. R. Magizov’s work, the Russian image of criminology as a scientific branch and an educational discipline is presented. The second chapter describes the structure of modern criminology, which, according to the authors, was undergoing changes at the turn of the 1990s in the Russian model (theoretical and applied) of criminological science. Chapter 3 is devoted to the theory and practice of specific-sociological research as a universal method of criminological cognition and a form of teaching criminology. In the fourth chapter, the indisputable provisions on interrelations of modern criminology with social and natural sciences are systematized. The fifth chapter discusses trends and promising areas of criminology.The authors present critical estimations of some conventional views on criminology as a science with an ambiguous status that separates it from jurisprudence and, accordingly, draws it closer to sociology. The views of the reviewer on the status, structure, object, and function of criminology as a general theoretical, or normative, science are presented.Scientific novelty: for the first time, an assessment of the reviewed work is given, its main advantages and provisions requiring additional scientific study are revealed.Practical significance: the work determines the current state of Russian criminology and its prospects for conceptual development.
171-179 211
Abstract
Objective: to conduct a comprehensive analysis of a monograph by L. I. Broslavskiy devoted to the study of technical regulation and standardization of quality and safety of products and the environment in the Russian Federation, the United States and the European Union.Methods: dialectical approach to cognition of social phenomena, which allows analyzing them in historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal-legal, comparative-legal, etc.Results: the main approaches presented in the reviewed monograph are evaluated, concerning the legal nature of technical regulation and standardization, the system of documentation on standardization, the practice of technical regulation and standardization in the Russian Federation, the United States of America and the European Union.Scientific novelty: for the first time, the provisions, presented in the monograph, were estimated, namely: the provisions on the legal nature of standardization; on the coordination of technical regulation and standardization, normative acts and law-enforcement practice in the sphere of technical regulation and standardization of Russia, the United States of America and the European Union; the author’s proposals aimed at improvement of the Russian Law No. 184-FZ “On technical regulation” of 27.12.2002 and No. 162-FZ “On standardization in the Russian Federation” of 29.06.2015. The conclusion is made about the essential contribution of L. I. Broslavskiy’s monograph to the development of the Russian legal doctrine on technical regulation and standardization.Practical significance: the reviewer concludes that the monographic research by L. I. Broslavskiy can be used by scientists, professors of law and economics at universities and faculties, practicing lawyers, employees of industrial enterprises, representatives of the judiciary system and of the federal and regional state bodies, employees of certification bodies and testing laboratories (centers), undergraduate and post-graduate students.

DISCUSSIONS

149-160 292
Abstract

Objective: to analyze the effects of the post-perestroika period of the 1990s on the existing national innovation system ofRussia and to assess it the present stage of development.Methods: the study used traditional methods of analysis, synthesis, description, analogy, systematization, and historical approach, and institutional analysis based on the categorical apparatus of institutional matrices theory.Results: the article is an attempt to understand the problems of the modern national innovation system through the prism of the 1990s, which became the cause of its imperfections. It is emphasized that the systemic problems of the economy in that period made innovative development impossible, which led to the loss of intellectual capital of the country. The abrupt transition from a planned to a market economy without a smooth adjustment, accompanied by the reduction in public spending on research, led to the paralysis of innovation in the real sector of the economy, and reduction of high-tech industries. The negative influence was also produced by privatization, destruction of production chains due to the collapse of the Soviet Union, as well as domestic structural adjustment of the post-Soviet economies. In this regard, the authors investigated the peculiarities of the Russian innovation system from the standpoint of institutional approach, including the problems of staff and investment resources deficit, and the historical dominance of the state in the organization of scientific research. Activity of the state is studied on the basis of the Russian venture capital analysis. The conclusions are formulated about the centralization of the institutional structure of scientific research and development. The possible directions of the national innovation system improvement with a view to achieve more effective results are specified.Scientific novelty: the diagnostics of the problems of modern national innovation system is made in the context of institutional transformation of the Russian economy in the post-perestroika period. Practical significance: the main provisions and conclusions of the research can be used in scientific and teaching activities in terms of the issues concerning the essence and principles of the national innovation system formation, as well as by specialists of state structures for elaborating the strategies of innovative development of the country.



ISSN 2782-2923 (Print)