THEORY OF ECONOMICS
Objective: to consider the importance of studying the influence of ideas and ideology on economic development. Based on the concept of three fundamental conditions and two prerequisites necessary for the modern innovative development of the economy, the ideas are proposed that may be in demand for their implementation.
Methods: the article uses historical and qualitative methods to analyze and hypothetically reconstruct the influence of ideas on economic development. The approaches of narrative economics are applied to the study of the economic policy justification.
Results: it is shown that, under modern conditions, narratives widely spread in society are significant for promoting ideas regarding economic reform. Narratives are an evolutionarily established way of packaging ideas and broadcasting them in the society. To promote effective narratives, they must be consistent with historical experience, as well as associated with significant historical figures. The paper considers the seemingly paradoxical hypothesis that in modern conditions Lenin’s legacy can serve as a basis for the promotion of progressive ideas. Such ideas are primarily related to the modernization of the economy and social relations based on technological innovations, the development of entrepreneurship and market mechanisms, as well as the development of education and science.
Scientific novelty: it consists in the application of the synthesis of institutional and narrative economics methodology to the study of the dissemination of ideas and related narratives and their impact on economic development.
Practical significance: the provisions and conclusions of the article can be used for further analysis of the influence of ideas and ideology on the implementation of economic policy and institutional changes aimed at economy modernization.
Objective: to develop a management system for new types of companies (pearl organizations).
Methods: abstract-logical, methods of analysis and synthesis of theories and patterns of development of managerial approaches in economics.
Results: the study of the evolution of organizational structures in production management within the concept of spiral dynamics by K. Graves, K. Kovan, and D. Beck, combined with the analysis of current problems of domestic corporate management leads to the formulation of the problem of choosing the forms of company management that best correspond to the current state and prospects of the formation of a new intellectual economy. In this context, G. B. Kleiner proposed the concept of pearl enterprises as organizations that ensure the long-term effectiveness of the activities of each employee, a team of departments and the company as a whole by expanding the range and increasing the flexibility of formal and informal, hierarchical and non-hierarchical management models used in its various segments. Such companies may be built by transforming the socalled turquoise organizations, which represent the most advanced form of democratic system management to date. The article analyzes the key problems of creating pearl companies by transforming the existing classical hierarchies, including the transformation of turquoise organizations into pearl ones.
Scientific novelty: the requirements for the work of HR management in pearl companies are formulated, taking into account the increasing importance of creative intellectual work. The expediency of expanding the corpus of pearl organizations in the Russian economy under digitalization is substantiated.
Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activities when considering the concept of pearl companies and developing modern approaches to HR management in organizations.
Objective: to analyze the general patterns of socio-economic and political dynamics (both within society and in interstate relations) caused by the presence of competition between key economic and political actors.
Methods: methods of mathematical dynamic modeling were used to study competitive interactions.
Results: the attitude to competition as a social phenomenon is ambiguous. It is considered either as a positive (for example, in market economy studies), or as a negative (for example, when considering interstate conflicts) factor. The paper attempts to analyze the general features of competitive interactions based on the study of the basic mathematical model describing competition in socio-economic and socio-political spheres. Using the basic mathematical model, various regimes of competitive interactions are considered; the conditions for the transition from one regime to another are determined; examples of the implementation of these modes in the economy are given.
Scientific novelty: in the course of the research using mathematical modeling, the main attention was paid to the so-called non-robust (according to A. A. Andronov) cases of the implementation of competitive interaction, which have rarely been considered in the scientific literature so far, but are often found in real life.
Practical significance: the results of analysis and mathematical modeling allow establishing the conditions under which competition stimulation contributes to economic development and under which it leads to crisis situations.
REGIONAL AND BRANCH ECONOMICS
Objective: to study the features of building competitive relations in the Russian banking sector and to assess the prospects for the development of the system of competition protection regulation in this area.
Methods: logical and structural analysis, system-functional approach, formal legal method.
Results: the author reveals the essence and features of building competitive relations in the modern banking system of the Russian Federation. Based on the calculation of the Herfindahl–Hirschman index, the level of competitive relations in the banking industry is assessed. The key issues, positive and negative trends in the development of competition in the banking sector are identified. The existing approaches are investigated to the issue of the impact of competition in the banking sector on the stability of both credit institutions in particular and the entire financial system as a whole. The influence of the regulatory mechanism on the state of competition in the banking sector is analyzed. Examples of foreign experience in regulating competitive relations in this field are given. The ways of further development of regulatory approaches are formulated, which are aimed at ensuring the protection of competition in the banking system.
Scientific novelty: it consists in the complex nature of the study of relations in competition protection in the banking sector.
Practical significance: it consists in the formation of a certain theoretical basis necessary both for studying the essence of competitive relations in the banking system and for developing proposals for adjusting regulatory policy in this area in the future.
Objective: to form and reveal the four research approaches to the study and management of creative industries; to systematize the material within the research area and object.
Methods: analysis, synthesis, classification.
Results: the rapid development of creative industries has become one of the key trends in entrepreneurship in recent years. To understand this phenomenon, the article explores the concept and features of creative industries in the digital economy. Based on the analysis of scientific literature, the stages of the evolution of the creative industries development and formation on a global scale are determined. Four approaches to the study of creative industries are formulated: as a set of economic activities; as a set of high-tech industries and services; as platforms for the creation of intellectual property objects; through the prism of a specific type of economic activity. Each of the four approaches has its own tools for the development, study and management of creative industries.
Scientific novelty: to clarify the existing approaches in the study of creative industries; to form a list of approaches to the study and management of creative industries in the digital economy; to form tools for the management and development of creative industries in the digital economy based on the formed approaches.
Practical significance: the results obtained may contribute to: (a) developing further research on the essence of creative industries in the digital economy based on the formulated four approaches to research and management of creative industries; (b) scaling up the positive experience of using the tools obtained in a certain creative industry to other creative industries, and (c) developing universal and specialized methods for creating intellectual property objects in creative industries, activating innovative, creative, intellectual activity in organizations of creative industries in the digital economy.
Objective: to systematize methodological foundations and to construct a conceptual model of information modeling technology as a basis for its full-fledged implementation with a view of improving the efficiency of investment and construction activities.
Methods: review of information sources on the strategy of digital transformation of the construction industry; study of the regulatory system and retrospective analysis of the evolution of information modeling technology; systematization of information on its maturity levels; comparative analysis of analytical reviews and reports of leading consulting companies.
Results: the essence of various semantic aspects of technology at the stages of its evolutionary development is investigated, the actual representation of information modeling technology is identified, a conceptual model is developed, and the features of technology from the viewpoint of process, technological and effective approaches are highlighted. The structural elements of the information model are determined, the dynamic processes of formation and progressive transformation of its components are described. The assessment of the current level of technology maturity in the Russian construction industry is carried out based on the Bew–Richards model; the importance of its full integration into the life cycle management system of the capital construction project to improve the efficiency of each stage of the investment and construction project implementation is substantiated.
Scientific novelty: a modern interpretation of information modeling technology is presented, a conceptual model is developed on the basis of an integrated approach and its key elements are identified.
Practical significance: the main provisions of the article and the developed conceptual model can be used by the subjects of the architectural and construction industry in developing a digital transformation strategy based on information modeling technology, in scientific research of theoretical and practical aspects of technology application, as well as in the educational process in the training of specialists in the construction industry.
THEORETICAL-HISTORIC LEGAL SCIENCES
Objective: to study the existential-legal principle in the formation of the personality of a human and a citizen.
Methods: the dialectical approach to the cognition of social phenomena led to the choice of the following methods of cognition: formal-logical, comparative-legal, sociological methods.
Results: scientific usage includes a methodologically dubious approach associated with the concept of “a person in law”. There seems to be a human and a citizen in law. In this regard, of the most important doctrinal issues referring to a human, attention is drawn by the issue of the role of the existential principle in the formation of the personality of a human and a citizen, which has not been developed by lawyers. Existence covers situations of personal choice that affect the vital problems of a person’s life, their formation as a personality, overcoming objective life difficulties and subjective dissatisfaction in the process of experiencing them. The level of freedom, felt (reflected) by a person and allowing them (giving them the right) to decide for themselves what to do with their life in all its senses, forms an existential right. It is still waiting for its researcher. One of the directions of such research is the formation of subjective rights and obligations outside and before the mediation of relevant social relations by positive law.
Scientific novelty: the most important existentialist questions (where we came from, where we are going, what we stand on, what justifies us, what is the meaning of our presence in the world) are not only philosophical questions. They are purely practical. It is no coincidence that discontent is brewing in the Russian public opinion, both in the scientific community and in the mass of thinking citizens, about the lack of a basic ideology. Existentialism gives preference to internal regulators of behavior over external ones and, consequently, this philosophy does not leave much room to legalism and everything related to the use of legislative means. However, the study of the existence involved in the legal sphere, directed to the legal status of the individual, inevitably actualizes the problems of legislative regulation, evaluation of the existing laws for compliance with natural rights and obligations. The aspect which always remains relevant is the prevention of behavior that deviates from the requirements of an external regulator through metered prohibitions and permits of legitimate authorities. The place of the existential principle in the formation of the personality of a human and a citizen is determined in the light of the ratio of general, special and individual spheres, patterns and forms of life activity. The first is dominated by the general laws of natural-scientific and social development reflected in philosophy; the second is dominated by the specific laws of the political and legal movement of societies and states in a definite place and time; the third – by the existence of active personalities.
Practical significance: the conclusions and provisions of the article can be used in scientific and legislative activities, in the educational process of universities.
Objective: to assess the state of legal regulation of award relations in the Russian Federation subjects and to develop measures for its systematization and improvement.
Methods: the main methods of the conducted research are general scientific methods of cognition: analysis, synthesis, comparison, extrapolation, and specific-legal methods of cognition of award relations based on them, used in the Russian theory of law and the state.
Results: based on the analysis of more than 500 normative legal acts of the Russian Federation subjects, knowledge about the legal regulation of award relations in the Russian regions was systematized; specificity of the legal regulation related to the formation and application of the system of the highest official (state) regional awards of the Russian subjects was revealed, namely: the lack of uniformity in the establishment of regional awards, their hierarchy and procedures for awarding them, which indicates the need for systematization of regional award law. Assumingly, the systematizing element of award law in the Russian subjects is the adoption by their legislative bodies of complex (basic) laws on awards, which would consistently set out the issues of the regional awards establishment, their hierarchy, types, procedures for recommending and awarding with them, as well as the powers of regional bodies to implement these laws.
The territorial scope of the study is limited to the Russian Federation as of September 30, 2022, before the Donetsk People’s Republic, Luhansk People’s Republic, Zaporozhye and Kherson regions, which established their regional awards, became part of it. The time frames of the monitoring study are limited to the period from 1991 to February 10, 2023.
Scientific novelty: for the first time in Russian legal science, a monitoring study of the award law of all subjects of the Russian Federation was conducted, which allows assessing the quality of legal regulation of award relations in the Russian regions and, if necessary, improving the system of regional awards and other incentives for positive lawful behavior.
Practical significance: the results obtained can be used in the law-making activities of state authorities of the Russian Federation subjects in improving regional award legislation, establishing official regional awards and systematizing the legal regulation of award relations. The conclusions of the conducted research enable to eliminate contradictions between the norms of award law and the norms of other regulatory legal acts.
Objective: to determine the complex of legal and social-organizational measures aimed at increasing the efficiency of the anticorruption expertise institution.
Methods: the main research methods are general scientific methods of cognition: analysis, synthesis, comparison, and the specific legal methods of cognition based on them: formal-legal and comparative-legal.
Results: based on the information placed in the official website of the Ministry of Justice of the Russian Federation, a systemic analysis was carried out of the participation of the civil society institutions in independent anticorruption expertise (it was determined that 24.8 % independent anticorruption experts (from physical persons accredited as independent experts) do not possess special legal knowledge). We revealed the main causes of the decrease of “anticorruption activity” of independent experts and formulated the legal and social-organizational measures aimed at developing this institution. The research proposes: a) to complement Federal Law no. 172-FZ with the norms specifying qualification requirements, stipulating examinations when accrediting independent anticorruption experts, and regulating the reimbursement order of rendering services of independent anticorruption expertise in relation to certain drafts of normative-legal acts; b) to regulate in federal laws the provisions on carrying out a mandatory anticorruption expertise in relation to drafts of normative-legal acts in the relevant sphere of legal regulation; c) for the Ministry of Justice of the Russian Federation to develop the order of carrying out examinations before accreditation and a standard ruling to regulate the functioning of the respective regional examination commissions. As a juridical experiment, in a number of regions it is proposed to provide, based on the ranking of independent anticorruption experts, competition procedures for signing non-gratuitous contract on rendering services of independent anticorruption expertise.
Scientific novelty: for first time, it is proposed to legislatively define the normative-legal acts, in relation to which a mandatory independent anticorruption expertise must be performed, and to apply competition techniques of involving independent anticorruption experts to carrying out this expertise.
Practical significance: the main provisions and conclusions of the article can be used in law-making activity of public authorities for improving the legal regulation of the independent anticorruption expertise institution, as well as in scientific and pedagogical activity when considering the issues related to the participation of civil society institutions in state and municipal governance.
CRIMINAL-LEGAL SCIENCES
Objective: to reveal the essence and significance of the historical experience of interdisciplinary study of crime and its use in modern conditions of scientific support of crime prevention.
Methods: dialectical method and system-synergetic approach, the method of retrospection in the study and evaluation of historical facts of the complex development of scientific directions in the legal doctrine of crime and punishment; dogmatic and empirical methods determining the specifics of scientific approaches to the general subject of research, their critical analysis; comparative historical assessment of the integration of criminal-legal sciences at various stages of accumulation and development of their scientific potential; prognostic assessment of the preventive capabilities of the criminal-legal sciences within the frameworks of 5.1.4 scientific major.
Results: in modern criminal jurisprudence, there are ambiguous research approaches to the perception and evaluation of some scientific provisions. On the one hand, in retrospection, the phenomena are observed which are unproductive in relation to science or generally useless for it (due to uncriticism or formalism). On the other hand, retrospection, being methodologically justified, serves the scientific perspective, in particular, the development of associative links of criminal-legal sciences, and the activation of the historically determined general scientific function of criminology. These processes, if scientifically optimized, have the prospect of bringing the energies of criminal-legal sciences and relevant practices to a resultant effect, i.e. to a well-coordinated system of combating crime. This is what the aspirations of the founders of the new legal science of crime are aimed at.
Scientific novelty: the possibilities are substantiated of developing a number of aspects of interdisciplinary (within the framework of the 5.1.4 scientific major) research of crime regularities, of developing and implementing special measures of counteraction in the parameters of criminological and political support. A retrospective analysis of some criminological provisions in their historical connections initiates a deeper understanding of the painful issues that are covered by the category of “crime” (in the individual and cumulative meanings of this term). Initially, there were three main directions of theoretical and applied legal doctrine about crime in the scientific world of criminal justice: dogmatic-legal, criminological-legal and political-legal. Analytical reflections in the parameters of retrospection lead to the comprehension of a very complex nature of the evolution of scientific thought.
Practical significance: the theoretical provisions may equip practice; namely, they form a higher and more sustainable level of criminological, or rather, criminological-political thinking, without which effective criminal-legal (legislative, law enforcement) practice is impossible.
TRANSLATED ARTICLES
Objective: to research the right to join in peaceful assembly and petition in the United States of America.
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 right to join in peaceful assembly and petition is critical to an effective democracy and is at the core of the First Amendment. The assault of peaceful protestors in the pursuit of racial justice is not a new phenomenon, and legislators at the federal and state levels have drafted anti-riot provisions as a measure to target protestors they deem an existential threat to American society. As these provisions have become increasingly prevalent in light of the protests following the murders of Breonna Taylor and George Floyd, they have the likelihood of severely chilling the effect on protestors' right to freedom of expression.
Scientific novelty: this Note examines these effects, considering the Anti-Riot Act of 1968’s intent to protect the public from violent protestors and, in light of congressional inaction due to ongoing political polarization, asks whether presidential intervention is warranted. More specifically, this Note determines whether the Act's current interpretation meets Congress's intent or subverts the constitutional right to freedom of expression. This Note contends that while persuasive arguments exist both in support for harsher anti-riot provisions and for a novel approach to address public safety, these arguments tend to rely on anecdotal evidence due to the limited scholarship on this topic. Therefore, this Note argues that the president should establish a commission to comprehensively investigate the recent outbreaks of racially motivated protests before potentially moving forward with executive action.
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 right to join in peaceful assembly and petition.
Objective: to study the issues related to the appointment, preparation, conducting and determining the results of the elections of the President of the United States of America (by the example of the 59th US presidential election).
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, sociological.
Results: apparently, Democrats and Republicans have their own views as to which voting procedures should be in place, how votes should be counted, and what a fair and accurate result is. The US history is full of ballot battles that share certain characteristics with what happened in 2020 and with how new laws are shaping the sixtieth presidential election. The US history is also replete with legal and popular efforts to expand voting rights, ensure that voting procedures are fair and objective, and ensure that those who are sworn into office were the ones actually elected. In this regard, an alert, informed, and active citizenry is absolutely essential for an inclusive, transparent, and fair electoral system in any state. The fifty-ninth presidential election reflected an extraordinarily contentious landscape. The next presidential election may be even more polarizing and there is no assurance that democratic institutions and norms of peaceful succession will hold.
Scientific novelty: for first time, the article considers and analyses the issues related to the appointment, preparation, conducting and determining the results of elections of the President of the United States of America (by the example of the 59th US presidential election). Special attention is paid to restricting ballot access, changing the voting rules, counting the votes, attacking the results and election subversion.
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 appointment, preparation, conducting and determining the results of the US presidential elections due in 2024.