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Russian Journal of Economics and Law

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Vol 12, No 3 (2018)
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ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

453-467 315
Abstract
Objective: to identify the factors influencing the level of infrastructure development created in the framework of public-private partnership projects in the regions of the Russian Federation.Methods: general scientific methods of cognition were used in the process of research; methods of system analysis, which make it possible to comprehend the patterns of infrastructure development, the optimal ways and methods of managing partner projects; statistical and structural-functional analysis, enabling to identify the dependence on internal and external factors; methods of generalization and grouping.Results: public-private partnership is one of the mechanisms that have proven useful for the development of infrastructure of regions and municipalities. The article emphasizes the importance of PPP projects in the Russian practice, as well as the need for further research to improve its effectiveness. On the basis of the regions’ ranking by the level of public-private partnership development, presented by the “PPP Development Center” Association, the analysis of various factors was carried out that allow determining the place of a region in this ranking. Also, the analysis results are presented, which show the implementation of projects to create an innovative PPP infrastructure in the Republic of Tatarstan, as a result of which the thesis about the impact of the selected factors on the development of PPP was confirmed. The main activities contributing to the development of PPP in the Republic of Tatarstan are identified, and recommendations to improve its efficiency are formulated.Scientific novelty: based on the data of the ranking of the Russian Federation subjects, a regression model was made, describing the relationship between the level of public-private partnership development in the region and such factors as the proximity of the Russian Federation subject to the capital, the unemployment rate in the region and the number of large profitable enterprises in its territory - potential subjects of public-private partnership. The conditions of effective development of regional projects in the sphere of public-private partnership are revealed and systematized.Practical significance: the results can be used as recommendations for the development of regional infrastructure in the framework of public-private partnership projects.
468-480 247
Abstract

Objective: comparative analysis of reflexive and non-reflexive strategies of market agents’ behavior in accordance withStackelberg equilibrium.Methods: game theory, economic and mathematical modeling.Results: modeling of information equilibria of the Russian telecommunications market is carried out. In the game of three oligopolists on arbitrary ranks of strategic reflection of two of them, the possible variants of equilibria are analyzed; the solution of all available variants of equilibria on arbitrary ranks of reflection at linear functions of demand and expenses is received. Modeling of information equilibria of the Russian telecommunications market showed possible strategies to improve the agents’ market positions.Scientific novelty: the equilibrium in the market of oligopoly with three agents is considered, two of which reflect, and the third acts in accordance with their ideas. The reflexive behavior of the oligopoly market agents leads to a significant shift in the market equilibrium in comparison with non-reflexive behavior, while the strategy of the non-reflexive agent is ineffective in all cases, since its market share decreases with an increase in the reflection rank.Practical significance: the obtained informational equilibria can be used for comparison with the structure of the Russian telecommunications market to determine the type of the companies’ reflexive behavior.

481-501 228
Abstract
Objective: to substantiate the directions of development of the spatial organization of higher education in Russia on the basis of foreign experience of a country with similar territorial conditions, trends and problems of development of a university network.Methods: general scientific methods of cognition - abstract-logical and theoretical-empirical methods, methods of systemic, comparative, and structural analysis.Results: under the conditions of Russian economic policy orientation to innovative and breakthrough development, higher education becomes one of the key factors of regional economic growth. The article emphasizes the need to change the approaches of universities to the development of educational programs that take into account the trends and development strategies of a particular region, that is, the need for the formation of the so-called regional universities. As a result of the analysis of scientific researches devoted to the problems of organization of higher education system, it is determined that the key factor of territorial development is its assimilation with the economic system and business environment.It is established that one of the mechanisms for solving the problems of the Russian universities is using the foreign experience of spatial organization of higher education. Territorial conditions determining similar features of the spatial organization, tendencies and problems of development of system of the higher education of France and Russia are revealed. It is determined that the orientation of higher education in France on the interests of the regions determined its high rating in the system of indicators of higher education quality in the world. The high efficiency of this model for Russia is justified. The recommendation to implement the principle of uniformity in the spatial distribution of a university network in the economy of the Russian regions is substantiated. Scientific novelty: the developed theoretical and methodological provisions of the spatial organization of higher education, based on the experience of the country with similar territorial conditions, trends and problems of higher education, with a university network capable of providing strategic priorities for regional growth.Practical significance: the recommendations can be used in designing the targeted development programs of the Russian Federation subjects within the Volga Federal district; in substantiating the projects of cluster initiatives; in developing the educational policy of the region in the field of vocational education; in programming the development of vocational education, taking into account the features of the Russian Federation subjects.
502-522 256
Abstract
Objective: to forecast the structure and volume of world imports by commodity groups.Methods: statistical processing of global trade data with Big Data methods, regression and correlation analysis.Results: the Russian economy needs to restructure exports. To solve this problem, it is important to assess and forecast the global demand for certain goods. The article presents the results of the analysis of the main trends and forecasts of the development of individual industries, as well as their place in the global trade. It is shown that in accordance with the forecasts of analysts, there are significant prospects in the coming years in the fields of pharmaceutics, automotive industry, aircraft production, telecommunications, etc.UNCTAD data with a sample of product groups for each country were used to model the forecast demand for product groups. As a result of the trends modeling, the article identifies the main product categories that will have the greatest growth in the global trade. It is established that the constructed forecasts correspond to the data of economic research and forecasts of analytical companies. The article also determines the relationship between imports of goods by country and various indicators. The indicators that are characterized by the highest level of correlation with the studied product categories are revealed. On the basis of the obtained results, the conclusions are formulated about the most promising sectors for Russian exports in order to transit to a non-resource economy.Scientific novelty: the technique is developed, which enables to make long-term forecasts of trade dynamics of large volumes of data.Practical significance: the results of the forecast should be used to determine the priorities of Russia’s industrial policy aimed at accelerated transition to a non-resource economy.
523-537 409
Abstract
Objective: to summarize the works of the leading Russian and foreign researchers related to characteristics of various climate impacts on agriculture and forestry development.Methods: comparative analysis of predicted risks and opportunities of global climate change for forestry and agriculture. Results: the paper gives a general description of the socio-economic effects of climate change, with an important emphasis on considering the effects in the sectors of the economy most susceptible to global warming, such as forestry and agriculture. It is shown that climate change is accompanied by both favorable and adverse effects on the economy of these industries. On the one hand, the increase of the average temperatures and carbon concentration in the atmosphere promotes productivity of trees and crop yields. However, the likelihood of a prolonged drought - the most common cause of fires, disease outbreaks and growing pest populations - is increasing. An additional risk is the increase of natural disasters, which cause significant economic damage to forests and agriculture. It is revealed that in the territories of low geographical latitudes, represented mainly by developing countries, for which agriculture is the main source of economic growth, the industry will incur significant losses, which will cause even greater social tension and exacerbate the problems of hunger and poverty among the population. Further warming in the future could widen the gap between rich and poor countries unless all necessary measures are taken to adapt the economy to changing climatic conditions.Scientific novelty: the article provides a detailed description of the main consequences of global climate change for the economy of agriculture and forestry, including in the context of individual countries and regions.Practical significance: the results presented in this paper can serve as a basis for further research in assessment of risk and magnitude of the socio-economic damage caused by global warming. The findings can be used to develop mechanisms for adaptation to climate change.

SOCIAL CAPITAL AS A PHENOMENON

538-552 275
Abstract
Objective: to substantiate the increasing role of social capital in the development of modern clusters.Method: abstract-logical. Based on comparative analysis, the role of social capital in the functioning of clusters in different countries is studied, including by the example of leather industry.Results: the article determines that the success of cluster programs in different regions and countries depends on the role of social capital. Scientific researches are analyzed, on the basis of which it is revealed that advantages of a cluster lie in its network structure, level of trust, and interaction, which are the main components of the social capital.The theoretical studies of social characteristics of clusters are reviewed; the specificity of regional and sectoral clusters in different countries is studied. The channels of creating social capital of a cluster are illustrated within the triple helix model. The role of social capital of a cluster is proposed to be considered on the basis of cost approach.In general, the study and its results allowed drawing the following conclusion: integrated management of social capital is a promising innovative direction of cluster development under modern conditions.Scientific novelty: it is shown that cluster development requires innovations in the form of new mechanisms of social capital management. Practical significance: the main provisions and conclusions of the article can be used by regional authorities for implementing and achieving the effectiveness of their cluster programs, as well as in educational institutions in economic disciplines.
553-568 899
Abstract
Objective: to describe the manifestations of social capital in the context of the main factors affecting its formation, which will enable to systematize the existing ideas about the dimensions of social capital.Methods: abstract-logical and dialectical, phenomenological methods.Results: social capital is an important concept in the economic system, but it is difficult to identify and measure. The article analyzes the phenomenon of social capital, as well as approaches to its definition. Based on the literature analysis, five sections are identified in which the concept of social capital is characterized. It is shown that the institutional environment is the basis for the formation of social capital. It is revealed that the individual qualities of a personality can both contribute (emotional intelligence, etc.) and prevent (closeness for communication, inability to listen, conflict-generating character, etc.) the accumulation of social capital. The content of the concept of family social capital is shown. The predominant influence of social capital on the development of small firms in comparison with medium and large organizations is revealed. The influence of civic activity on economic development through social capital is studied.Scientific novelty: five dimensions of social capital are identified: 1) social capital and individual qualities of personality;2) social capital and family ties; 3) social capital and corporate culture; 4) social capital and civic activity; 5) social capital and institutional environment. It is determined how these patterns affect economic development.Practical significance: the understanding of the main dimensions of social capital revealed in the work makes it urgent to identify the structure of social capital, and creates a basis for further research in this area.

CRIMINAL LAW AND CRIMINOLOGY

569-593 272
Abstract
Objective: on the basis of sociological research, to analyze, study and disclose the essential characteristics of public opinion of Nizhny Novgorod citizens on the state of law and order and security in the metropolis; to formulate recommendations to employees of the internal affairs bodies engaged in providing public order during cultural and sports events, in particular, World Cup 2018.Methods: general scientific (analysis, system-structural approach to the analysis of the study object, comparative-legal method), as well as logical and specific methods (survey method - a survey of Nizhny Novgorod residents).Results: the characteristics of public opinion of Nizhny Novgorod citizens on the level of law and order and security in the metropolis are identified and classified; the factors that provide the feeling of the greatest security and safety, as well as the attitude to World Cup 2018 in different categories of the population are determined; the typology of population groups is carried out depending on the attitude to conducting other large-scale events in the city.Scientific novelty: the article, based on the analysis of public opinion of Nizhny Novgorod residents, for the first time identifies and systematizes the main characteristics, including the problem ones, of the state of law and order and security in the Nizhniy Novgorod metropolis, proposals and practical recommendations were formulated on increasing the efficiency of activity of the regional internal affairs bodies during mass cultural, international, sports events: a) account of the particular location of the settlement, which will host a mass event; b) the internal affairs bodies’ administration should constantly be in a dialogue with the district administrations of the municipality on the issues of crime prevention; c) the citizens should be legally informed about the peculiarities of behavior during mass events; d) increased requirements for the appearance, culture of communication and competence of police officers during mass events; e) strengthening control over visitors from the region or the nearest regions and their stay in the central part of the city.Practical significance: the study results can be used to adjust the work of the territorial bodies of the Russian Ministry of Internal Affairs to optimize and improve activities to ensure law and order and security as a whole, and in the case of the organization of cultural, sports, including international, events. The results of the study can be used in the organization of work to improve the efficiency of the regional internal affairs bodies, to ensure the planning of operational activities and the development of appropriate management decisions in law enforcement.
594-605 307
Abstract
Objective: to establish regularities and assess the development of official corruption crime phenomenon.Methods: dialectical approach to the cognition of social phenomena, allowing to analyze them in the 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-logical, comparative-legal, statistical, documentary, sociological.Results: official corruption crime as a set of corruption crimes against the government, the interests of public service and service in local governments requires careful scientific analysis in order to establish the explicit and hidden patterns of devel- opment of bribery and other official intentional crimes with mercenary motivation. Explicit regularities include the downward trend of recorded facts and persons committing crimes under Articles 290-291.1. of the Russian Criminal Code. Identification of small bribery as a separate corpus delicti should be recognized as a successful decision of the legislator which allows registering the target indicators of struggling against the most dangerous manifestations of office corruption crime. This struggle is inertial: the attention of the law enforcement bodies is largely focused on the suppression of small bribery. The hidden regularities of official corruption crime development are revealed: concentration of corruption flows; increased tolerance of the civil mentality to bribery, as well as belief in declarative and imitation nature of anti-corruption; unacceptable introduction of the market economy in the activities of legislative, executive and judicial authorities; spreading of administrative racketeering as a manifestation of the management model based on such a basic element as irresponsibility. Illegal participation in entrepreneurial activity acts as a central element of official corruption, because it generates criminal and criminogenic practice of merging power and business. Article 289 of the Criminal Code of the Russian Federation “Illegal participation in entrepreneurial activity” does not possess the proper anti-corruption potential, as it is attributed by the legislator to crimes of small gravity, and also requires proof of illegal participation in entrepreneurial activity with the provision of benefits, advantages or other protection by an official. Scientific novelty: the original differentiation of the types of corruption crimes is proposed: electoral, economic, service-commercial, general criminal, environmental, employment, court, and administrative crimes. It is proposed to supplement Article 289 of the Russian Criminal Code with Part 2 as follows: “an act provided for in Part 1 of this Article, committed by prior agreement of a group of persons, shall be punished by imprisonment for up to 10 years”. Practical significance: the main provisions and conclusions can be used in legislative, scientific and educational activities for the development and coverage of the issues of anti-corruption policy optimization, and implementation of the national anti-corruption strategy.

WORKS OF CONFERENCES. REVIEWS

606-625 253
Abstract
Objective: to acquaint a wide range of readers with the problem of crime of modern migration processes and the views ofRussian and foreign criminologists on it.Methods: dialectical approach to the cognition of social phenomena determined the following research methods: analysis, synthesis, comparison, formal-legal and comparative-legal methods.Results: the article presents the main reports made at the International Scientific Conference (S.M. Inshakov, P.A. Kabanov, H. Kuri, V.N. Fadeev, D.A. Shestakov and other scholars), which affect the assessment of crime in the global migration processes today. The speakers present different views on the criminal component of migration processes in the modern society, including the increased victimization of migrants as the least protected group of the population. The presentations expressed divergent views on the impact of migration on crime and victimization in society, but the contradictions in the views of the speakers did not prevent the conclusion that states should pursue a balanced migration policy taking into account their own national interests.Scientific novelty: the impact of migration processes on the state of crime and victimization in society was for the first time discussed at the meetings of the St. Petersburg International Criminological Club with the participation of representatives of foreign criminological organizations. As a result, many criminological approaches have been established to the state migration policy aimed at reducing criminal activity and criminal victimization of migrants. The club meeting allows drawing the following conclusions: a) the impact of migration processes on various aspects of modern society is obvious. This impact is both positive as the natural redistribution of labor resources, and negative, increasing the criminality of social relations; b) to reduce the risks of criminalization of social relations, the world community needs a unified coordinated migration policy; c) the causes of migration processes and the causes of crime are interrelated and interdependent. They, feeding each other, create an atmosphere of trouble and distrust in the state and public affairs.Practical significance: the main provisions and conclusions of the review can be used in scientific, educational, law enforcement and law-making activities
626-639 212
Abstract
Objective: to familiarize a wide range of readers with the results of the all-Russian Scientific and Practical Conference‘Criteria in law: theory, practice, technique (9th Babayev’s Readings)” held on May 24-25, 2018, in Nizhny Novgorod. Methods: dialectical approach to the cognition of social phenomena determined the following research methods: analysis, synthesis, comparison, formal-legal and comparative-legal methods.Results: the provisions of the key reports (A. V. Averin, V. M. Baranov, P. V. Vasiliyev, R. B. Golovkin, S. V. Kodan, P. A. Kabanov, N. A. Kolokolov, N. V. Makareyko, A. E. Mikhailov, A. V. Parfenov, S. G. Pishina, S. B. Polyakov, O. D. Tretyakova, V. V. Trofimov, V. A. Tolstik, V. I. Sharov), are described, presenting a comprehensive characteristics of the phenomenon of “legal criterion” and defining its gnoseological and applied possibilities for the juridical science and practice. The conference participants conclude that the criteria may both facilitate and impede social development. Special attention is paid to the need of their correct and substantiated establishment. The repots analyze the criteria used for assessing the scientific-research, law-making, law-interpretation and law-enforcement activities; specific proposals for their improvement are formulated. Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical, law enforcement, and law-making activities.

TRANSLATED ARTICLES

640-659 276
Abstract
Objective: to analyze the imposition and collections of fines, fees, and forfeitures according to the legislation of the UnitedStates of America).Methods: dialectical approach to the cognition of social phenomena, allowing to analyze them in the 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-logical, comparative-legal, and sociological.Results: the use of fines, fees, and forfeitures has expanded significantly in recent years as lawmakers have sought to fund criminal justice systems without raising taxes. Concerns are growing, however, that inadequately designed systems for the use of such economic sanctions have problematic policy outcomes, such as the distortion of criminal justice priorities, exacerbation of financial vulnerability of people living at or near poverty, increased crime, jail overcrowding, and even decreased revenue. In addition, the imposition and collections of fines, fees, and forfeitures in many jurisdictions are arguably unconstitutional, and therefore create the risk of often costly litigation. This article provides an overview of those policy and constitutional problems and provides several concrete solutions for reforming the use of fines, fees, and forfeitures.Scientific novelty: for the first time, the article substantiates the necessity to eliminate poverty penalties and other policies that negatively impact ability to pay. It is proposed to create systems for meaningful consideration of financial effect of fines, fees and forfeitures; to develop non-incarcerative alternative sanctions; to restrict the use of fines, fees, and forfeitures in cases involving juveniles; to ensure that criminal justice actors are insulated from the pressure to generate revenue and from the benefits of revenue produced from those economic sanctions.Practical significance: the main provisions and conclusions of the article can be used in scientific and educational activities when considering the issues related to imposition of fines, fees, and forfeitures.
660-676 352
Abstract
Objective: to analyze the collateral consequences of conviction in criminal law (by the example of the United States ofAmerica).Methods: dialectical approach to the cognition of social phenomena, allowing to analyze them in the 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-logical, comparative-legal, and sociological.Results: for many people convicted of crime, the greatest effect will not be imprisonment, but being marked as a criminal and subjected to collateral consequences. Consequences can include loss of civil rights, public benefits, and ineligibility for employment, licenses, and permits. The United States, the 50 states, and their agencies and subdivisions impose collateral consequences - often applicable for life - based on convictions from any jurisdiction. Collateral consequences are so numerous and scattered as to be virtually uncountable. In recent years, the American Law Institute, American Bar Association, and Uniform Law Commission all have proposed reforms. Collateral consequences should be: (1) collected and published, so that defendants, lawyers, judges and policymakers can know what they are; (2) incorporated into counselling, plea bargaining, sentencing and other aspects of the criminal process; (3) subject to relief so that individuals can pursue law-abiding lives, and regain equal status; and (4) limited to those that evidence shows reasonably promote public safety.Scientific novelty: for the first time, the work substantiates the necessity to rationalize and reform the collateral consequences of conviction. The collateral consequences should be integrated into the criminal justice policy process in general, and into the process of disposition of each case. It is proposed to publish the National Inventory of Collateral Consequences of Conviction so that any individual can learn the legal implications of a conviction under the law of each jurisdiction. At the same time, defense attorneys should inform clients of collateral consequences, judges should inform defendants of applicable collateral consequences at plea and sentencing, prosecutors should take collateral consequences into account in charging and plea bargaining. It is proved that Congress and state legislatures should develop mechanisms to relieve individual collateral consequences to facilitate an individual’s employment and rehabilitation.Practical significance: the main provisions and conclusions can be used in scientific and educational activities for the development of the issues related to collateral consequences of conviction in criminal law.


ISSN 2782-2923 (Print)