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Russian Journal of Economics and Law

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Vol 16, No 3 (2022)
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THEORY OF ECONOMICS

465-482 503
Abstract

Objective: to assess the level of formation of conditions for decent remuneration of researchers in the Russian regions. Currently, this sphere faces either being ahead of the targets proposed by the state as part of the social policy implementation, or lagging behind them.

Methods: the study uses a methodology of calculating the modified advance coefficient, which determines the growth rate of employees’ wages in comparison with the growth rate of the target indicator in the regions. The modified methodology also provides for accounting for the impact of horizontal unevenness on wages in science, which triggers the “middle income trap”. Due to this trap, measurements of the effectiveness of public policy in the studied area are not amenable to clear categorization. The coefficient implies taking into account the growth rate of wages of researchers, the growth rate of the target indicator and the weight of the region (which in turn reflects the formation of conditions for decent wages for all employees in the Russian Federation subject).

Results: according to calculations based on Rosstat data for 2021, only one region showed an advanced growth rate of researchers’ salaries (Leningradskaya oblast). In the remaining 79 Russian Federation subjects, the growth rate of wages in science is lagging behind the growth rate of the target indicator (i.e., they have not used all the opportunities for the formation of decent earnings of researchers). The achievement of the target indicator (200% of the average wage of employees in the region) in these territories is due to the growth of salaries of a limited part of the staff.

Scientific novelty: the study determined an algorithm for monitoring the advanced wage growth of researchers in the Russian regions and the principles of public policy (as a set of fundamental and institutional solutions) that will contribute to the formation of decent wages in Russian science.

Practical significance: the main provisions and conclusions of the article can be used to form a system of state monitoring of wages in budgetary sectors, as well as to improve the “Science” national project.

483-502 442
Abstract

Objective: to identify current trends in the labor market under digitalization and the growing risks and global instability in the world and national markets in the EAEU countries.

Methods: panel data analysis models, graphical method, least squares method, generalized feasible least squares method.

Results: the data of the EAEU countries from 2016 to 2020 show the synchronization of unemployment indicators; a slight increase in the share of unemployed aged 55 and older in all countries except Russia; a decrease in value added produced within the “Information and Communication” type of activity, with the exception of Kazakhstan; during the pandemic, a decrease in the integral indicator of unemployment and the number of unemployed aged 55 and older was found under the influence of the gross value added within the “Information and Communication” type of activity, as well as a decrease in unemployment among elder citizens under the influence of the share of the population using the Internet.

Scientific novelty: the current trends of unemployment are reflected, under digitalization and the growing risks and global instability in the world and national markets in the EAEU countries.

Practical significance: the main conclusions of the article can be an argument in favor of the competitive advantages of the older population in the labor market under digitalization and uncertainty of economy.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

503-524 512
Abstract

Objective: to determine the ways of the Russian economy development under the pressure of sanctions.

Methods: when writing the work, such methods of scientific cognition were used as abstract-logical, historical method, analysis and synthesis.

Results: the problem of sanctions pressure on the Russian economy is not new. However, the volume of economic pressure on the country in 2022 indicates that the time has come for a radical restructuring of the economic system. The paper analyzes the Russia’s experience of overcoming the crisis associated with the consequences of sanctions in 2014; conclusions are formulated about the ambiguity of the measures taken to create conditions for the formation of financial and economic independence of the country. A significant part of the stated goals was not achieved, as evidenced by the data, obtained by the authors, on the Russian economy’s dependence on imports of main products. The key areas of sanctions against the Russian economy are systematized, the most vulnerable industries are identified, and some areas of the problems are revealed.

Scientific novelty: a critical assessment of the Russian economy’s preparedness for sanctions imposed some countries is given, and measures are developed to reduce their impact on the Russian economy.

Practical significance: the study results can be useful in developing economic policy directions and focusing on those industries whose problems were exposed under the sanctions war of 2022.

525-534 505
Abstract

Objective: to develop criteria for objective and comprehensive assessment of the success of public-private partnership (PPP) projects.

Methods: in the process of the research, the method of systematic literature review was used.

Results: as a result of the study, it was concluded that the success of a PPP project is a relative concept and requires detailing (1) from the viewpoint of which particular stakeholder the project is evaluated and (2) relative to which stage of the project life cycle the assessment is made. This understanding allowed proposing a universal approach to assessing the success of PPP projects, based on the criteria assessment matrix developed by us, which takes into account the stages of the project life cycle and the interests of its stakeholders.

Scientific novelty: the systematization of studies available in the Russian and world literature concerning the assessment of the success of both investment projects in general and PPP projects in particular allowed identifying a universal set of criteria for such an assessment. This, in turn, contributes to a more adequate and clear interpretation of the conclusions made by a wide range of authors of research in the field of PPP, who quite often refer to “successful” PPP projects, without giving their own understanding of the criteria for determining success.

Practical significance: the developed criteria matrix for assessing the success of PPP projects can become a starting point for improving methodological approaches and normative-legal documents regulating the implementation of PPP projects at the federal and regional levels. Regional and municipal executive authorities planning the implementation of new PPP projects can use the proposed matrix for assessing the success of PPP projects in their work in order, on the one hand, to increase the investment attractiveness of the projects being developed, and on the other hand, to ensure better and objective control over their further implementation.

535-547 285
Abstract

Objective: to study the ecological and economic prospects of Russian Arctic oil and gas offshore projects by the method of functional analysis.

Methods: mathematical modeling, comparative analysis, empirical analysis.

Results: a method is proposed for assessing the financial provision of measures to eliminate the alleged environmental damage caused by hydrocarbon spills in Arctic offshore oil and gas production projects; models of oil spills in the “Prirazlomnoye” and “Pobeda” Arctic offshore fields are considered; the cost of measures to eliminate these incidents is estimated.

Scientific novelty: for the first time, the paper investigates the function of financial provision for measures to eliminate the alleged environmental damage due to hydrocarbons spills at the “Prirazlomnoye” and “Pobeda” Arctic offshore oil and gas fields with the mathematical method of functional analysis, calculation of the maximum costs, as well as the time from the start of the spill, which accounts for these functional values. The assumption of the mathematical model is the hypothesis of the constancy of the well flow rate (the top estimate is the characteristic flow rate of the per second production of the entire field), as well as the neglect of changes in the physical properties of liquid hydrocarbons (viscosity, density) due to the characteristic annual temperature dynamics of the Arctic regions and consideration of the dynamics of the oil spill spread on the sea surface in the inert phase without taking into account the gravitationally viscous and surface modes.

Practical significance: the mathematical modeling data on spills can be used by insurance companies in the calculation of insurance premiums, by Rosprirodnadzor Agency in the calculation of fines, and by other supervisory agencies in the underwriting of oil and gas Arctic projects.

548-565 844
Abstract

Objective: to evaluate the regulatory legal mechanisms of the management of the Northern supply haul to the Far North regions and to formulate proposals for their improvement.

Methods: a spatial approach that allowed us to consider the management of the Northern supply haul through the conceptualization of the spatial dimension of the remote areas supply processes – the predestination of a certain geographical coordinate system in which the object under study is placed, and the presence of regionalization determined by the spatial and temporal structuring of the territory of our country; interviewing and focus groups with executive authorities, representatives of research institutes, expert and business communities in order to form an array of initial data on the legal aspects of the Northern supply haul.

Results: the article states that regional regulatory legal acts are predominantly non-systemic in nature (except in the Republic of Sakha (Yakutia)), regulating certain areas of state support, in particular the procedure for providing financial support. The low demand for other types of support is due to the need to form incentives for the participation of economic entities in the Northern supply haul under low business margins. The difficulty lies in the need to integrate centralized and decentralized supply systems in the absence of an appropriate legal framework.

Scientific novelty: for the first time, an assessment of the effectiveness of state support measures for the Northern supply haul was carried out to determine the directions for improving its legal mechanisms. The definition of the Northern supply haul and categorization of these areas by periods of transport communication are proposed. The improvement of legal regulation based on the development of a single law with the definition of the rules for stakeholders is proposed.

Practical significance: the presented assessment of the legal mechanisms of the Northern supply haul management and the formation of proposals for their improvement can be useful for correcting the existing and developing a new approach to the development of a specialized regulatory legal framework at both the federal and regional levels. The recommendations can be used by executive authorities in the development of state policy and regulatory regulation of life support issues in the northern territories.

566-576 422
Abstract

Objective: to review the main management models and approaches to the study of logistics processes in production ecosystems.

Methods: abstract-logical, dialectical, phenomenological methods.

Results: the main directions and methods of research in the field of digitalization of logistics processes are described; the accelerated growth of e-commerce and force majeure factors (epidemic, a complex of geopolitical factors) are identified as a driver for the development of solutions in the field of improving the efficiency of logistics processes in the Russian economy; promising directions for the development of logistics process management models are identified.

Scientific novelty: it is shown that the directions of foreign authors’ research in the field of logistics are broader, while Russian researchers have a significant potential to search for new technological and methodological solutions in this area; the relevance of the research development in the field of logistics processes digitalization is shown, including that on the basis of predictive analysis models.

Practical significance: the understanding of problems in the field of logistics, revealed in the work, makes it urgent to develop a set of projects in this area to increase the efficiency of existing digital ecosystems, and also creates a basis for further research in this area.

CRYPTO-WORLD AND DIGITAL FINANCE

577-586 468
Abstract

Objective: to study the processes of introduction and practical implementation of ESG standards in the Russian banking sector and to assess their impact on the prospects for the financial market development in general.

Methods: logical and structural analysis, system-functional approach, formal legal method.

Results: the author reveals the essence and features of such a relatively new phenomenon for the Russian banking sector as ESG-principles of doing business and responsible financing. The study reveals the prerequisites for the formation of modern ESG concepts in international practice, analyzes the possibility of their implementation in the practical activities of the Russian financial sector subjects and assesses the prospects for the Russian banking system development within the paradigm of responsible entrepreneurship and sustainable development.

Scientific novelty: consists in the complex study of relations associated with the ESG principles implementation in the Russian financial sector. A distinctive feature of this work is the focus on both practical issues of implementing the ESG principles in the Russian financial sector and assessing the prospects for the ESG banking development in the Russian Federation.

Practical significance: the formation of a certain theoretical basis necessary both for studying the essence of the ESG approach and the sustainable development of financial sector entities, and for developing proposals for adjusting regulatory policy in this area in the future.

THEORY AND HISTORY OF LAW AND STATE

587-597 486
Abstract

Objective: a comprehensive theoretical and legal study of the nature of judicial practice.

Methods: the methodological basis of the article is postclassical rationality, which allows studying judicial practice in the context of its impact on the public relations regulation and establishing the legal nature of this phenomenon. This determined the integration of methods developed in the legal science (formal legal, comparative legal methods, method of legal modeling) and other humanities (hermeneutical, discursive methods).

Results: the article considers judicial practice as an individual legal regulation, i.e. the activities of the authorized judicial bodies of the state aimed at consideration and resolution of legal cases, as well as the creation of individual legal foundations for the lawful behavior of subjects of public relations. The authors proceed from the fact that judicial practice is a unity of cognition, activity, and result, as it actively participates in the construction of legal reality. This leads to the conclusion that judicial practice should be understood dichotomically – as the activity of judges, the result of which is the creation of individual and generalizing legal acts aimed at constructing a legal reality (a specific form of legal communication), and as a material source of law (a set of generalizing legal acts (positions of courts) that have a legal impact on the consciousness and behavior of an indefinite circle of subjects of the same name).

Scientific novelty: in the article, for the first time in the Russian legal science, a study of judicial practice is transferred from the level of sectoral analysis to the philosophical-legal level. At the same time, the authors emphasize the interdisciplinary, general humanitarian nature of judicial practice. The analysis and interpretation of judicial practice are carried out at the ontological and axiological levels of legal reality. This allowed identifying the specific role of judicial practice in the legal system as a means of communication between individual and general legal regulation.

Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activities when considering the essence and content of judicial practice and its role in the creation and functioning of the Russian legal reality, as well as for improving judicial activity at all levels.

CIVIL LAW

598-609 474
Abstract

Objective: to study the current state of the doctrine and legislation on nationalization in order to formulate proposals for improving the legal regulation of public relations in this area.

Methods: the study used such general scientific methods of cognition as analysis and synthesis, induction and deduction, and analogy. The logical method of research helped to formulate definitions of some terms, in particular, nationalization and emergency nationalization; their inherent features were identified. While studying the topic, private scientific research methods characteristic of jurisprudence were also used: formal legal and comparative legal methods, which helped to reveal the logic of the legislator and draw conclusions about the expediency of paying compensation when nationalizing property from private owners.

Results: based on the analysis of legislation and the practice of its application, as well as of the Russian and foreign literature, the essence of nationalization was revealed. In the article, nationalization is understood as the acquisition by the state of ownership of property that was privately owned, on the basis of federal law, with or without compensation of the property value to the owner, which is aimed at protecting public interests. The article pays special attention to the understanding of the “state property” category as the property of the whole people, i.e. public property.

Scientific novelty: the article reveals the concept and essence of nationalization, as well as related legal categories (privatization, alienation, compensation, etc.), conducts a comparative legal analysis of the order of nationalization in various states, and identifies the advantages and disadvantages of preliminary and equivalent compensation as a prerequisite for private property nationalization. The author substantiates the need for nationalization of enterprises in all important industries, and, primarily, in the areas of natural monopolies, in which producers can make a profit to ensure their own development only. Nationalization should be soft, with the possibility of compensation, but only after a full audit of the performance of enterprises to resolve the issue of how conscientiously and responsibly their owners and managers acted.

Practical significance: the main conclusions of the article can be used in scientific, pedagogical and practical activities to improve civil legislation and the practice of its application, as well as to develop long-term and short-term strategies for the economic development of Russia.

CRIMINAL LAW AND CRIMINOLOGY

610-624 527
Abstract

Objective: to analyze the criminological situation in the Russian Federation and the territorial differences in crime in rural areas, as well as to make a short-term forecast of this type of crime in the Russian Federation.

Methods: dynamic, statistical, historical, systemic-structural and comparative-legal methods, as well as a specific sociological methodology of estimating rural crime.

Results: the main trend of rural crime from January 1, 2019 to October 1, 2021 can be considered a uniform straightline decrease: a constant monthly decrease by 1.1 thousand crimes. This trend characterizes a situation when the effect of criminogenic factors is neutralized by the impact of anti-criminogenic ones. If we take the above-mentioned data as a basis and generalize them for the next year, we can assume that in 2022 from 331.2 thousand to 388.8 thousand crimes will be registered in rural areas of the Russian Federation. Meanwhile, it should be noted that official data on the state of crime in rural areas, as well as the criminal statistics in the Russian Federation as a whole, cause well-founded doubts. The landslide reduction in crimes in rural areas does not follow from the ongoing social changes in rural areas and gives reason to believe that such a reduction is due to a violation of accounting and registration discipline on the part of staff of the law-enforcement bodies.

Scientific novelty: for the first time, a comparative legal analysis of the dynamics of registered crimes in rural and urban areas was carried out, as a result of which the features of crime in rural areas were identified and the author’s short-term forecast for 2022 was proposed. Despite the tendency to reduce the number of crimes registered in rural areas in 2009-2021, the criminal situation in rural areas remains complicated. Statistical indicators do not reflect the real state of this type of crime, since this trend is due to artificial regulation of the number of crimes reflected in statistical reporting towards understatement.

Practical significance: as a result of the conducted criminological research, a high degree of public danger of crime in rural areas has been revealed, and its forecasting makes it possible to pay closer attention to the need to develop effective measures to combat and prevent this type of crime.

TRANSLATED ARTICLES

625-665 399
Abstract

Objective: to summarize and study the law-application errors during preliminary interrogation, court investigation, and conviction in the American criminal justice system.

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, which predetermined the following research methods: formal-logical and sociological.

Results: the work describes in detail and considers four main causes of law-application errors occurring during preliminary interrogation, court investigation, and conviction in the American criminal justice system. These include: false confessions, eyewitness misidentification, forensic error, and perjured jailhouse informant testimony. Hence, it is not accidental that the main task of empirical research of criminologists and other researchers in the past two decades has been a call for greater transparency in the evidence-gathering process and the development and implementation of best practices based on social science research. Developing conceptual knowledge is important not only for creating a more systematic, generalizable and respectable criminology of wrongful conviction, but also to better inform policy-makers’ understandings that people’s lives may be at stake, as well as trade-offs of wrongful convictions.

Scientific novelty: the work considers the current problems in the American criminal justice system, that occur during preliminary interrogation, court investigation, and conviction. Among them are the problems of police interrogations, false confessions and court errors, leading to wrongful convictions.

Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to the minimization of errors occurring at the stages of preliminary interrogation, court investigation, and conviction in the American criminal justice system.

The article was first published in English language by Criminology, Criminal Justice, Law & Society and The Western Society of Criminology Hosting by Scholastica. For more information please contact: CCJLS@WesternCriminology.org.

For original publication: Leo, R. A. (2014). The Justice Gap and the Promise of Criminological Research, Criminology, Criminal Justice, Law & Society, 15 (3), 1–37.

Publication URL: https://ccjls.scholasticahq.com/article/419-the-justice-gap-and-the-promise-of-criminological-research

CONGRATULATION



ISSN 2782-2923 (Print)