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Russian Journal of Economics and Law

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Vol 12, No 4 (2018)

THE DIALECTICS OF ANTI-CORRUPTION

685-698 242
Abstract
Objective: to identify the relationship of regional anti-corruption procedural legislation with other branches of legislation for its further improvement.Methods: dialectical approach to cognition of social phenomena using general scientific methods of cognition, based on it:analysis, synthesis, comparison, grouping, etc.Results: the current anti-corruption procedural legislation of the subjects of the Russian Federation is classified on the following grounds: status of the Russian Federation subject which adopted the legislative act; sector; subject of legal regulation and the circle of persons. As a result of the classification, the interrelations of the Russian regional anti-corruption procedural legislation with the federal and regional state (constitutional, statutory), administrative, municipal, informational and labor legislation were revealed. Scientific novelty: for the first time in the Russian legal science, classification of anti-corruption procedural legislation of the Russian Federation subjects was carried out, which allowed drawing the following conclusions. First, the anti-corruption procedural legislation of the Russian Federation subjects is an inter-sectoral institution, interconnected with various branches of regional legislation (state (constitutional, statutory), administrative, municipal, informational, and labor)), which define its structure and content. Second, the proposed classification of the anti-corruption procedural legislation of the Russian Federation subjects (status of the Russian Federation subject which adopted the legislative act; sector; subject of legal regulation and the circle of persons) showed possible criteria and directions of systematization, including future codification of this legislation. Third, on the basis of the proposed classification of anti-corruption procedural legislation of the Russian Federation subjects, it is possible to determine the most relevant and practically significant areas of its research in the near future: state anti-corruption procedural legislation, administrative anti-corruption procedural legislation, municipal anti-corruption procedural legislation, informational anti-corruption procedural legislation, and labor anti-corruption procedural legislation. Practical significance: the research results can be used in law-making activities for systematization and codification of the Russian regional anti-corruption legislation.
699-719 221
Abstract
Objective: to determine the legal status of the electronic information system of accounting, storing and updating of municipal normative legal acts; to disseminate the experience of development and implementation of such a system in Krasnoyarsk krai. Methods: general scientific method of dialectical cognition, historical-legal, system-structural, comparative-legal, formal- logical and other particular scientific methods of cognition.Results: the authors come to the conclusion that the electronic information system of accounting, storing and updating of municipal normative legal acts is a type of official information systems and has special qualitative characteristics. Development and implementation of such systems in the activities of local governments, according to the authors, is a promising direction to ensure the openness of municipal legal acts and the accessibility of information on the results of municipal rulemaking. To illustrate the author’s approach, a functional description of the electronic information system of accounting, storing and updating of municipal regulatory legal acts “Municipal legal acts of the Krasnoyarsk krai” is given.Scientific novelty: consists in the development of theoretical conceptions about the legal nature of official information systems and applied problems of their use in the activities of local governments. Modern information and communication technologies allow the transition to the real embodiment of direct democracy, including the involvement of the population in the direct decision-making at the level of local government using EISof municipal legal acts. Given the functions that may be performed by EIS (ensuring access of citizens to the system of legal acts; their storage and systematization; communication between local governments and public authorities; provision of official, authentic texts of a legislative act; organization of discussion on drafts of municipal legal acts; formation of open data, etc.), it seems necessary to legislatively establish a legal regime of EIS as the official legal information system. EIS has significant advantages in comparison with other legal systems, including the register maintained by the Ministry of Justice of the Russian Federation on the website “Normative legal acts of the Russian Federation”. Additional features of EIS aimed at the implementation of the provisions of the Federal Law “On ensuring access to information on the activities of state bodies and local self-government” may occur when the legislator makes changes to the procedure for the official publication of municipal legal acts provided for in part 2 of Article 47 of the Federal Law “On general principles of local self-government in the Russian Federation”.Practical significance: consist in the possibility of wide implementation of the electronic information system of accounting, storing and updating of municipal normative legal acts in the activities of local governments, developed by the authors’ team.
720-729 236
Abstract
Objective: to consider the theory of national security as a methodological basis for the study of corruption.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, sociological.Results: the paper investigates the basic approaches to corruption counteraction and presents the typology of anti-corruption strategies: a) inert strategy; b) selective strategy; c) agreement strategy; d) zone strategy; e) regional strategy; e) strategy of total purification of society from corruption. The inert strategy does not provide for effective anti-corruption measures. The selective strategy differs from the inert one only in that ineffective anti-corruption measures are combined with selective prosecution of some high-ranking officials. The agreement strategy is based on the state leadership’s an explicit or veiled agreement with the political and economic elite of the country on the corruption limits, going beyond which may entail liability. The zonal strategy is based on a significant cleansing of certain spheres of social life from corruption manifestations (the sphere of state security, the sphere of defense, some industries, etc.).The regional strategy involves a significant cleansing of certain regions from corruption (districts, regions, territories, republics). In a certain perspective, the regional strategy can be considered as a preparatory phase for the implementation of the strategy of total purification of society from corruption. The strategy of total purification of society from corruption is the way to the social ideal. Its implementation requires certain social preconditions, political will and political art. Anti-corruption practice based on the strategy of total purification of society from corruption is determined by a certain socio-political logic. Scientific novelty: for the first time, the paper examines the fundamental strategies of social corruption counteraction and their typology, analyzes the algorithm of state corruption counteraction, the factors of corruption counteraction efficiency, and predicts the prospects of anti-corruption activities of state bodies and civil society.Practical significance: the main provisions and conclusions of the article can be used in scientific and educational activities in considering the issues related to corruption counteraction.
730-744 338
Abstract
Objective: to determine the importance of non-profit organizations as subjects of national anti-corruption policy in theRussian Federation.Methods: system-structural approach that promotes a comprehensive study of process or phenomenon as a whole; comparative historical method aimed at identifying the dynamics of processes or phenomena; reporting method that allows obtaining data from official reporting; monitoring method that facilitates the analysis of information on Internet sites; logical methods. Results: based on the analysis of the Russian legislation, scientific works, monitoring of the dynamics and activities of non-profit organizations, it can be stated that today in Russia 293 non-profit organizations are directly involved in the sphere of corruption counteraction, i.e. 0.13% of their total number (219,642). Anti-corruption NPOs (ANPOs) implement such activities as anti-corruption enlightenment (in health care, construction, housing, public procurement, etc.), research in the field of anti-corruption activities, legal assistance, implementation of public control measures, training of public experts and instructors. Specific organizational forms of the above activities include lectures, seminars, round tables, trainings, etc. Some ANPOs’ activities have a local character and are usually reduced to a discussion of the well-known news related to the detection of committing a corruption offense. Some ANPOs do not seek cooperation with reputable NPOs and public authorities, considering such interaction as subordination and deprivation of autonomy. There is also a lack of readiness of state bodies, in particular law enforcement agencies, for comprehensive and effective cooperation with civil society institutions. Scientific novelty: for the first time, the article comprehensively explores the area of practical implementation of the principle of non-profit organizations’ participation in struggling against corruption in Russia. The paper proposes to clarify the legal status of ANPOs, their rights and obligations, types and guarantees of activities, methods of work, forms of interaction with state authorities, other state and local self-government bodies, financing, etc. To improve the efficiency of ANPOs’ activities, it is recommended to create ANPO portal, where information could be published on successfully implemented anti-corruption projects. Also, ANPO's activities can be included in the list of socially useful services and criteria for assessing their quality, approved by the Decree of the Russian Federation Government No. 1096 of 27 October 2016.Practical significance: on the basis of the study of scientific-theoretical, normative, sociological and practical aspects of corruption counteraction, the authors formulate proposals to improve the activities of non-profit organizations in the field of corruption counteraction in Russia.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

745-761 298
Abstract
Objective: to develop a new methodological approach to the evaluation of innovative projects and technological startups which organize ICO.Methods: method of comparative analysis, method of measurement, inductive method of cognition, logical methods of cognition.Results: the paper discusses the events taking place in the market of alternative finances and demonstrates a new methodological approach to assessing the investment and innovation potential of startups implementing the ICO procedure.The methodology of evaluating the ICO startups is presented, which enables to make a choice and selection of target projects groups in a particular field of activity (for example, in fintech, insurtech). The stages of this assessment are considered. The developed method has been applied in practice for the evaluation (rating) of ICO projects in the insurance sector, and showed its efficiency. Its use allowed the authors to identify the fraudulent project and choose the “best” one using the rating results. Scientific novelty: a methodology was created which enables to conduct expert evaluation of ICO projects.Practical significance: the main provisions of the article can be used in the evaluation of start-up projects, in the work on ratings development. Also, the method of expert evaluation can be used in academic and pedagogical activities on the subject of alternative finances - ICO.
762-774 252
Abstract
Objective: to develop methodology for risk assessment of functioning of the medical industry companies as cluster members.Methods: methods of financial management of enterprises in the field of risk management were used.Results: by the example of the selected industry, the interaction of high-tech enterprises in a cluster and risks arising therein are shown. The need to improve competitiveness of the Russian medical devices manufacturers and medical institutions, on the one hand, and their integration into global production chains, on the other hand, requires taking into account international risk management experience. The risk assessment algorithm for the medical industry companies’ formation and functioning in a cluster structure is given, based on selected indicators of probable risks and levels of the companies’ development or maturity. It is shown that ranking of the technological and economic risks of cluster companies’ development within the complex of measures of financial and economic analysis, aimed at minimizing the negative impact of internal and external environment, may improve the organizational and economic sustainability of enterprises and organizations participating in the cluster. At the same time, business processes determined by the cluster members’ interaction should include mechanisms of not only minimizing, but also of excluding and in case of impossibility - insuring the risks. Investigation of the economic entities’ stability should be carried out with the methods of economic and financial analysis. It is shown that risk minimization is possible through the use of methods of financial and economic analysis, which allow estimating, with varying degrees of reliability, the probability of cluster development risks associated with its organizational and economic stability.Scientific novelty: the article presents a model of cluster members’ interaction determining the place of the controlling module as a link that collects and analyzes information from all enterprises and organizations of the cluster, processes it in a convenient form for interpretation and represents it to the management module for making decisions on risk management. Practical significance: the proposed approach to risk assessment and the formation of a controlling system can be used in the practice of clusters in the field of medicine for making managerial decisions and improving the efficiency of interaction between medical companies and medical institutions.
775-788 219
Abstract
Objective: the scientific understanding of the individual key performance indicators function within the mechanism of stimulating the participants of project activities of executive authorities is supplemented with knowledge of the direction and impact of their actions.Methods: combination of logical and analytical deduction of theories and methodologies of stimulating the project activity participants under the stimulating influence of key performance indicators at executive authority bodies; identification of correlation dependence of the stimulated participants’ behaviour by the data of questionnaire survey of project activity experts. Results: on the basis of theoretical and methodological provisions and evidence of the stimulating effect of key performance indicators in the activity of project participants, it is proved that the effect has a complex mechanism inherent in project activities of executive authorities. It is determined that the key performance indicators serve as a means of identifying problem areas of the system of project participants’ motivation. The quantitative ratios are found of the stimulating influence of non-material and material individual key performance indicators on the project success, as well as the required working hours and the value-oriented importance of observing them. It is proposed to supplement the individual key performance indicators with an indicator that focuses the project activities towards the project success. The results show that unsystematic adoption of any key performance indicators as the main one leads to a significant deterioration of the stimulating impact of the remaining indicators on the project participants. It is revealed that the activities of the project participants are mostly (26,2 %) focused on the qualitative implementation of the project activities, and to the least degree (14,9 %) - on the observance of discipline. The most time-consuming activity (15,2 %) for the project participants is obtaining unique results. The quantitative rule is found that the maximization of the project complexity stimulation leads to the minimization of the incentives for the qualitative implementation of the project activities and the uniqueness of its results.Scientific novelty: for the first time it is determined that the key performance indicators in their economic form reflect three types of costs: conditionally constant and variable part of payment, as well as transaction costs for the purpose-orientation of the project participants.Practical significance: the main provisions and conclusions of the article can be used in research of the stimulating effect of key performance indicators on the activity of project participants and in the development of methods for building systems of key performance indicators to stimulate them in the executive authority bodies.
789-799 320
Abstract
Objective: to test the sphere of higher education for the presence of institutional traps under deep transformation of higher education and science in Russia, which may reduce the efficiency of their functioning.Methods: narrative analysis based on the analysis of behavioural practices of economic agents identified in various publications and presenting the author’s direct speech in regard to certain scientific and practical problems within the framework of institutional economic theory methodology.Results: theoretical approaches are reviewed to the interpretation of “institutional trap” phenomenon, which demonstrated the evolution of this category from the “blocking effect” in the English scientific economic literature to sustainable inefficient institution in the Russian segment of economic theory. It is revealed that one of the most discussed issues is inefficient transformation of institutions, and identification of its causes. Researchers’ ideas about some types of institutional traps inherent in the Russian economy are systematized.Based on the analysis of narratives, a large-scale study of behavioural practices of economic agents was carried out, as a result of which groups of institutional traps in the Russian higher education and science were identified and classified. It is established that the imperfection of the education financing causes problems in the system of labour remuneration and research grants. The fragmentation and inconsistency of managerial decisions led to the transformation of post-graduate course into a level of higher education, which violates the logic of scientific personnel training. A trap of metrics is the systemic orientation to assessment criteria, ranking and other quantitative indicators, leading to substitution of quality for quantity. Orientation to digitalization and informatization of the educational process has led to the transformation of education into a mechanism of mere information transfer. Scientific novelty: based on the conducted deep narrative analysis, the most characteristic groups of institutional traps inherent in the Russian sphere of higher education and science are identified and described, such as financial traps, administrative traps, metric traps, informatization and digitalization traps, as well as the systemic motivational trap based on the effect of asymmetry of the institutional motivation of market agents.Practical significance: the obtained results can be used to correct the state policy in the field of higher education and science in the direction of elimination and prevention of institutional traps in order to improve its efficiency, as well as in the development of various programs for the development of this sphere by public authorities.
800-815 237
Abstract
Objective: to substantiate the list of indicators of a region sustainable development, taking into account the impact of territorial innovation clusters on regional socio-economic processes.Methods: general scientific methods of cognition were used in the process of research; the formation of the territorial innovation cluster model as a mechanism of the region sustainable development is based on the grouping of factors of the external and internal environment of the cluster; using the methods of analogy and comparison, a list of indicators of the region sustainable development was formed, taking into account the generalized factors of territorial clusters’ development. Results: improving the competitiveness of Russian regions is one of the most important areas of state economic policy undeer modern conditions. Based on the analysis of scientific literature and state strategic documents, the article reveals the main approaches to the definition of sustainable development of territories. The target parameters of the region sustainable development, stipulated by the federal and regional normative legal acts, are revealed. The indicators of sustainable development of territories are studied and systematized, as well as tools and mechanisms to ensure them. It is found that within the scientific and practical environment a significant place should be given to research, methodologically or empirically determining the quality of the relationship between the sustainable development of the region and the activities of territorial innovation clusters. On the basis of the author’s model of activity of the territorial innovation cluster, the subjects and directions of their interaction within the cluster are defined. The factors of the external and internal environment of the territorial innovation cluster, determining the successful development of the cluster, are determined. A list of indicators of regional sustainable development is formed, corresponding to the factors of the territorial innovation cluster development.Scientific novelty: based on the proposed approach, the role of territorial innovation clusters is shown as an element of the sustainable regional development mechanism through the vectors of influence of the cluster external and internal environment on the indicators of the region sustainable development.Practical significance: the obtained results can be used as recommendations for regional authorities’ forming the target indicators and expected results of cluster policy to ensure sustainable development.
816-827 273
Abstract
Objective: to analyze the evolution of shifting mode of reproduction (SMR) models, to construct the SMR-3 model. Methods: abstract-logical method, methods of modelling the economic dynamics in relation to the switching regime of reproduction of fixed capital.Results: despite the fact that fixed capital is necessarily taken into account both in reproduction schemes and in models of economic growth, the peculiarities of economy functioning arising from the coexistence of different generations of fixed capital have remained outside both the economic mainstream and heterodox studies. The article briefly describes the theory of switching reproduction regime (SMR), which fills this gap. Several types of SMR models (SMR-1, SMR-2, SMR-3) are considered, which differ from each other in the degree of the monetary mechanism development that serves the reproduction processes occurring in the real sector of the economy. By the example of determining the degree of influence of the fixed capital investments structure on the key macro indicators in the Russian Federation, the possibilities of the most advanced SMR-3 model are demonstrated. On this basis, the scenario was simulated of the Russian economy transition from the typical for 2014 financing structure (46 % - own funds, 30 % - funds of budget and higher organizations, 24 % - other borrowed funds (loans)) to the new structure, where own funds are equal to 50%, funds of budget and higher organizations - 20 %, other borrowed funds - 30 %. It is established that this transition contributes to the growth of profitability and GDP. Scientific novelty: the model SMR-3 is constructed, which allows to take into account the functioning of the banking system and the budget mechanism, based on the effect of ergodicity and the fact that the funds coming from all subsystems to the updated subsystem are not only credit resources, but also the so-called intra-company funds flowing into the updated subsystem at no cost.Practical significance: it is shown that the SMR-3 model can be used to carry out practical calculations for various scenarios of socio-economic development.

ENTREPRENEURSHIP LAW

828-841 338
Abstract
Objective: comprehensive analysis of the state legal protection of the rights of entrepreneurs in public relations.Methods: reliability of the study and validity of the author’s arguments are provided by the use of both empirical and theoretical methods of cognition (description, analysis, synthesis, induction, deduction). In addition to general scientific methods, the paper used special legal research methods: formal-legal and comparative-legal.Results: the article actualizes the theoretical and practical issues of state legal protection of the rights of entrepreneurs in relations with state and municipal authorities. The study focuses on the analysis of competence of the main elements of the state human rights mechanism in relation to business entities, in which the key role belongs to the institution of business ombudsmen, the judiciary bodies and the Prosecutor’s Office. The measures taken by the state in the recent years, aimed at strengthening the rule of law in the legal relations under consideration, including the establishment of the institution of business ombudsmen, special units to monitor the observance of the entrepreneurs’ rights in the Prosecutor’s Offices, as well as granting of additional powers to the Prosecutor’s Office, indicate a trend towards increasing the effectiveness of the human rights protection mechanism. Scientific novelty: the author proposes her own definition of the concept of the state-legal mechanism for the protection of entrepreneurs’ rights, which is understood as a set of complementary means (legal, administrative, economic, etc.), by which the state exerts an impact on legal relations between subjects of law in order to protect the rights and legitimate interests of entrepreneurs. The paper also considers the structure of the above-mentioned mechanism, identifies its main elements and their role at the present stage of development of human rights protection of the state, and identifies the actual problems of its functioning. Practical significance: the theoretical provisions presented in this article expand knowledge about the nature and content of the state legal protection of the entrepreneurs’ rights in the Russian Federation. The results of the study can be used in legislative and law enforcement practice for further improvement of legal regulation and institutional support of the state-legal mechanism of the entrepreneurs’ rights protection.

TRANSLATED ARTICLES

842-860 230
Abstract
Objective: to comprehensively study the presidential rhetoric as crime control theater.Methods: dialectical approach to the cognition of social phenomena, enabling to analyze them in their 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: Presidents have increasingly made criminal justice a part of their public agenda. Much of their political speech on crime and violence focuses on creating the impression of action, even when none is taken. Moreover, if actions are taken, they are ineffective and do not result in significant policy shifts. When presidents give the impression that they are fighting crime, it is often called crime control theater. This is characterized by the use of mythic narratives, a reliance on moral panic, little public dissent, and the ineffectiveness of the policy itself. While many previous studies have demonstrated the importance of crime control theater regarding different criminal justice topics, none have focused on the emerging problems of cybercrime. Scientific novelty: for the first time, the article analyzes the issue of the presidential rhetoric as crime control theater, examines the patterns and trends in presidential rhetoric on cybercrime. The authors use a qualitative content analysis to test the hypothesis that presidents rely on the techniques that comprise crime control theater when discussing cybercrime, in particular, mythic narrative and moral panic. As a result, public fears of cybercrime are allayed but at the same time, any significant action is postponed. The research results have confirmed the proposed hypothesis. Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering the issues related to the presidential rhetoric as crime control theater.
861-875 290
Abstract
Objective: to comprehensively study the ambiguous reaction of burglars to empathy cues.Methods: dialectical approach to the cognition of social phenomena, enabling to analyze them in their 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: There is limited research regarding situational variation in empathy among offenders or whether certain cues can affect offense choices by inducing empathy. This study explored that question with a sample of incarcerated burglars. Participants provided qualitative evaluations of pictured homes and completed a written survey in which they numerically rated the impact of specific home features on their target choices. This permitted some assessment of methodological and social desirability effects across the photographic and survey methods. The results indicated that empathy cues (e.g., signs of children or the elderly) may deter some burglars from potential targets, but even apparent empathetic deterrence may result from alternative interpretations of the cues or the interaction of those items with other home features.Scientific novelty: for the first time, the article analyzes the issue of empathy cues’ influence on target choices of burglars. The respondents listed the following cues: 1) Empathy: a) children's toys are in the yard; b) handicapped residents live in the house; c) elderly residents live in the house; 2) Occupancy: a) the TV is turned on inside the home; b) lights are on inside the home; c) a car is in the driveway; 3) Occupancy Proxies: a) the sign of a security company is in the yard; b) a dog lives at the house; 4) Visibility: a) the house is located on the corner of the street; b) the home is easily seen from a neighbor's house; c) lights are on outside the home; d) a car is in the neighbor's driveway; 5) Accessibility: a) deadbolt locks are on the doors; b) bars are on the windows; c) windows are made of glass blocks; d) locks are on the windows; 6) Reward: a) the yard is poorly kept and overgrown; b) the paint on the outside of the home is peeling.Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering the issues related to ambiguous reaction of burglars to empathy cues.

RATINGS AND REVIEWS

876-884 221
Abstract
Objective: to comprehensively analyze the Doctoral dissertation “Theoretical and applied issues of counteracting the criminal exploitation of a human (criminological research)” by V. I. Kovalenko, successfully defended in 2017 at Dissertation Council of All-Russia Scientific-research Institute of the Russian Ministry of Internal Affairs.Methods: dialectical approach to the cognition of social phenomena, enabling 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-legal, comparative-legal, etc.Results: the author investigates the concept of the system of counteracting the criminal exploitation of humans, its structure, the main trends of criminal exploitation of humans and the possibility of optimal response of the state and the society to this phenomenon. The work focuses on the unconditional benefits of the study, primarily for criminologists studying the problems of combating criminal exploitation of humans. A number of the dissertation provisions are critically analyzed. The author makes the conclusion about the need for criminological assessment of the exploitation of humans without violence and suggests improving the proposals on forming the Conception of prevention of humans’ criminal exploitation. The reviewer expressed his position on the basic concepts and categories used in the dissertation research, such as “personal freedom”, “conceptual bases”, “criminal exploitation”, and reveals their vision in relation to the conducted research.Scientific novelty: the author gives a legal assessment of Doctoral dissertation “Theoretical and applied issues of counteracting the criminal exploitation of a human (criminological research)” by V. I. Kovalenko, reveals its main advantages and the provisions requiring additional scientific study or argumentation.Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering issues related to theoretical and applied problems of combating criminal exploitation of humans.
885-893 212
Abstract
Objective: to comprehensively and objectively assess the Doctoral dissertation “Theoretical and applied issues of counteracting the criminal exploitation of a human (criminological research)” by V.I. Kovalenko, successfully defended in 2017 at Dissertation Council of All-Russia Scientific-research Institute of the Russian Ministry of Internal Affairs.Methods: dialectical approach to cognition of social phenomena using general scientific methods of cognition, based on it:analysis, synthesis, comparison, etc.Results: the author’s conception is analyzed of the system of combating criminal exploitation of a person under the new social conditions, as well as its structure, the main trends of criminal exploitation of a human and the possibility of an adequate response of the state and society to this phenomenon. Attention is drawn to the unconditional benefit of the performed research, first of all, for those who study the criminological problems of combating criminal exploitation of humans. Some provisions of the dissertation research are critically evaluated; the author points to the need for a criminological evaluation of the exploitation of humans without the use of violence and suggests improving the applicant’s proposals on forming the conception of preventing criminal exploitation of humans. The article presents the reviewer’s views on the basic doctrinal categories used in the dissertation research, like “personal freedom”, “conceptual foundations”, “criminal exploitation”, and reveals their meaning in relation to the study. This approach emphasizes not only the quality of the research, but also the high qualification of the expert. Scientific novelty: the author gives a legal assessment, an assessment of the Doctoral (Law) thesis “Theoretical and applied issues of counteracting the criminal exploitation of a human (criminological research)” by V.I. Kovalenko is provided, major12.00.08 “Criminal law and criminology; criminal-executive law”; its main advantages and regulations are identified that require additional scientific study or argumentation.Practical significance: the paper allows determining the current state of criminal exploitation of a human and outlining the prospects of its neutralization.
894-904 223
Abstract
Objective: to comprehensively analyze the Doctoral dissertation “Theoretical and applied issues of counteracting the criminal exploitation of a human (criminological research)” by V.I. Kovalenko, successfully defended in 2017 at Dissertation Council of All-Russia Scientific-research Institute of the Russian Ministry of Internal Affairs.Methods: dialectical approach to the cognition of social phenomena, enabling 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-legal, comparative-legal, etc.Results: the author investigates the concept of the system of counteracting the criminal exploitation of humans, its structure, the main trends of criminal exploitation of humans and the possibility of optimal response of the state and the society to this phenomenon. The work focuses on the unconditional benefits of the study, primarily for criminologists studying the problems of combating criminal exploitation of humans. A number of the dissertation provisions are critically analyzed. The author makes the conclusion about the need for criminological assessment of the exploitation of humans without violence and suggests improving the proposals on forming the Conception of prevention of humans’ criminal exploitation. The reviewer expressed his position on the basic concepts and categories used in the dissertation research, such as “personal freedom”, “conceptual bases”, “criminal exploitation”, and reveals their vision in relation to the conducted research.Scientific novelty: the author gives a legal assessment of Doctoral dissertation “Theoretical and applied issues of counteracting the criminal exploitation of a human (criminological research)” by V.I. Kovalenko, reveals its main advantages and the provisions requiring additional scientific study or argumentation.Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering issues related to theoretical and applied problems of combating criminal exploitation of humans.


ISSN 2782-2923 (Print)