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Russian Journal of Economics and Law

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Vol 18, No 1 (2024)
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THEORY OF ECONOMICS

5-23 760
Abstract

Objective: to trace the emergence and consolidation of a wrong meaning when moving from an inaccurately interpreted theoretical concept to empirical evidence. The authors suggest the case of Thorstein Veblen’s evolutionary theory and identify how researchers interpret and apply its selected elements.
Methods: discourse analysis. The authors rely on Veblen’s original writings, research papers by Russian authors who refer to the so-called Veblenian dichotomy, and own research findings. The latter show the application of Veblen’s concept to study (1) the features of Russian 19th century economic culture, and (2) contemporary techniques of manipulating personal financial decision-making.
Results: the authors found that Veblen had distinguished between contrasting analytical categories when describing different human dispositions, or instinctive proclivities, underlying habitual ways of thinking and doing and economic conduct. Some dispositions lead to productive behavior, while others lead to unproductive one. This concept is essential for institutional analysis. Our research discovers its inaccurate interpretations in the research literature. Starting from a distorted understanding of the theoretical concept, empirical studies contribute to the entrenchment and spread of a misconception, thus feeding a particular ideological agenda. The authors separated Veblen’s original concepts, including ethical ones, from subsequent interpretations and elaborations, to monitor the changing treatment of traditional values in research literature as productive or ceremonial ones. Research findings indicate that the articles by Russian institutionalists contain a systematic bias with regard to the treatment of traditional norms and values as merely ceremonial ones, implying backwardness and archaic patterns, which impede technological progress and “modernization”.
Scientific novelty: the application of Veblenian analytical tools in an applied institutional study is reconsidered. Authors’ own analytical technique is suggested to assess the norms underlying economic behavior in terms of their productivity. This technique is applied to the Russian empirical material, both historical and contemporary. To our knowledge, the proposed research technique has not been used in the previous literature.
Practical significance: the research findings and their interpretation indicate that Veblen’s ethics and his analytical approach remain relevant. This article contributes to the “restoration” of core values and economic culture of the Russian people. Veblen’s evolutionary theory is suggested as an alternative to the widespread trite methods of cross-country and cross-cultural socio-economic comparisons which presume the supremacy of “Western” values.

24-35 1022
Abstract

Objective: to identify narratives describing the use of public procurement system for innovation policy implementation and to critically analyze them.
Methods: quantitative analysis of the frequency of narratives, qualitative analysis of narratives to identify protomodels, institutions and social context.
Results: in the modern Russian economic system, public procurement is used as a tool for implementing the national innovation policy. The analysis of legal acts regulating public procurement of innovative and high-tech goods showed the trends that potentially reduce the variability of procuring entities' actions and the transparency of procurement procedures. Based on the tools of narrative economics, the authors analyzed the attitude of actors (representatives of the state, business and academia) of the Russian innovation system to the existing practice of public procurement in the context of the national innovation policy. As a result, the work presents a typology of public procurement problems, discussed in mass media, for Russia’s innovative development.
Scientific novelty: the considered narratives show that, in relation to the Russian innovation system, the public procurement subjects can act in the logic of the “principal-agent” theory, while the tendency to reduce transparency is welcomed by some actors.
Practical significance: institutional analysis of the recent changes in public procurement, including the rules governing the procurement of innovative and high-tech products, has revealed the devolution of formalized rules aimed at the implementation of state innovation policy. Together with the increased level of privacy in organizational activities of procuring entities, this carries the risks of not only increasing the level of opportunistic behavior of the public procurement market subjects, but also decreasing confidence in the entire public procurement system.

REGIONAL AND BRANCH ECONOMICS

36-69 3016
Abstract

Objectives: to study and forecast the state of the Russian economy after the intensification of the sanctions war and formalization of the Russian anti-sanctions and sanctions economic policy.
Methods: the research uses such techniques of abstract-logical method as analysis, synthesis, deduction, induction, analogy, formalization, and forecasting.
Results: The main macroeconomic indicators of Russia were analyzed (2006–2023) and forecasted (2024–2025). The impact of sanctions on the negative trends in the development of industries mainly contributing to the Russia’s GDP was assessed. As a result, the author identified the industries that have become drivers of the country’s economic development, as well as those subjected to the most significant pressure as a result of the sanctions. the comparative analysis of indicators allowed us to conclude that the Russian economy as a whole in the medium term coped with the sanctions load better than the world economy with the consequences of the sanction war. Conclusions were made on the results of anti-Russian sanctions and Russia’s response measures. Russia’s sanctions, anti-sanctions and counter-sanctions economic policy was formalized.
Scientific novelty: the concepts of “sanctions economic policy”, “anti-sanctions economic policy”, “counter-sanctions economic policy”, “sanctions policy”, “anti-sanctions policy”, “counter-sanctions policy” were clarified. The main goals of sanctions and anti-sanctions economic policy of Russia were revealed. The principles of Russia’s sanctions and anti-sanctions policy were supplemented. It was shown that the Russian sanctions economic policy is open, rational, protective and protectionist. It was found that Russia’s anti-sanctions economic policy is highly politicized, medium-term and protectionist. The main directions of development of anti-sanctions and sanctions economic policy of Russia were outlined.
Practical significance: the obtained results will allow understanding the essence, causes and processes in the management of the Russia’s sanctions and anti-sanctions activity, predicting its results more accurately, and determining measures to correct the anti-sanctions and sanctions policy of the Russian Federation.

70-87 734
Abstract

Objective: to form a model for predicting the default of credit organizations under the modern conditions of the banking sector functioning.
Methods: unidimensional analysis of variance, regression analysis of binary choice models.
Results: in the modern economy, the banking system stability largely affects not only the financial sector, but also the economic and investment climate in the country. Understanding of the banks’ influence on the economy necessitates the formation of appropriate effective forecasting systems that allow identifying problem banks before revoking their licenses is necessary. The existing methodology of the Bank of Russia is characterized by subjectivity and inaccuracy of assessment. The analysis of studies on predicting bank defaults showed various approaches to the methodology of assessing the probability of credit institutions’ bankruptcy, though they have a number of shortcomings. Based on the selection of key factors affecting the bank’s financial stability, the logistic regression model for predicting bankruptcy of banks was formed. The methodology proposed in this article includes five predictors, selected on the basis of the improved methodology for selecting logit regression variables, and complements the existing methodologies.
Scientific novelty: a methodology for assessing the probability of commercial banks’ bankruptcy in the Russian Federation was developed, which includes five key predictors for assessing the bank’s financial stability: return on assets, unit weight of liquid assets in the balance sheet currency, unit weight of the loan portfolio in the balance sheet currency, share of loans to the real sector in the balance sheet currency, and share of long-term placements in the loan portfolio. The logistic regression model of binary choice proposed in the paper allows distinguishing financially stable credit organizations from problem banks with a forecasting horizon of five months and a classification accuracy of 88,33 %.
Practical significance: the relatively high classification accuracy of the model allows its use by the Bank of Russia in controlling the credit organizations functioning, as well as directly by the credit organization’s management, in order to assess the organization’s financial stability and to predict the default probability, as well as to form the bank’s development strategy.

CRYPTO-WORLD AND DIGITAL FINANCE

88-104 4323
Abstract

Objective: literature review and basic characteristics of the asset tokenization; clarification of the types of token classification; identification of the stages of modeling the asset tokenization; analysis of applications of decentralized finance ecosystem protocols; study of the opportunities and systemic advantages of asset tokenization; presentation of the problems arising in the asset tokenization; analysis of the factors of asset tokenization efficiency growth.
Methods: the article uses empirical, historical, logical, country-specific, corporate, comparative and statistical methods of economic analysis to study the peculiarities of the asset tokenization development in the digital transformation of modern economy.
Results: the basic characteristics of the asset tokenization are disclosed; the types of standardized tokens involved in the asset tokenization are defined; the stages of the asset tokenization development are considered; the options of using decentralized finance applications under asset tokenization are shown; the opportunities of tokenization through the new forms of investment, increased financial accessibility, transparency and componentization of tokenized assets are studied; the problems of tokenization are analyzed; the factors of asset tokenization efficiency growth under the cross-chain compatibility of different types of blockchains are analyzed.
Scientific novelty: the article shows that asset tokenization is a process of accounting and asset management transformation, in which each asset is represented in the form of a programmable digital token; tokenization is a new form of creating additional liquidity by expanding the circulation of idle illiquid assets. Tokenization guarantees greater transparency regarding the rights to real assets and the history of ownership of these rights; it contributes to transaction efficiency by reducing transaction costs, including costs associated with management, token issuance and possible forms of intermediation. By accessing the applications of the DeFi ecosystem, it allows the expansion of financial market potential through the fragmentation and compartmentalization of tokenized assets. All the challenges in the asset tokenization are related to the blockchain trilemma, where decentralization, security and scalability cannot be implemented together. The blockchain trilemma is now becoming a set of possible trade-offs that can preserve all three properties of the blockchain, but at different levels of compatibility. To form a set of possible trade-offs, it is necessary to develop a theory of interoperability, which should be built on the compatibility of factors such as anonymity and privacy, security and preservation of rights to tokenized assets.
Practical significance: the main provisions and conclusions of the article can be used: to develop scenarios for the asset tokenization development under the digital transformation of modern economy; to analyze the applications of the decentralized finance ecosystem protocols; to increase the efficiency of asset tokenization under the cross-chain compatibility of different types of blockchains; to study additional opportunities and systemic advantages as a result of fragmentation and compatability of tokenized assets; to study the problems arising in the asset tokenization; and to search for additional growth factors for the asset tokenization efficiency.

ENTREPRENEURSHIP LAW

105-120 1699
Abstract

Objective: to clarify the concept of “conflict of interest”, to identify the peculiarities of conflict of interest resolution in group proceedings, and to develop practical recommendations to prevent conflict of interest in judicial and advocacy activities.
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 comparative-legal.
Results: the objective impossibility of legislatively stipulating all possible variants of conflicts of interest makes it necessary to resolve both “real” and “seeming” conflicts of interest directly by the law enforcer. The lack of appropriate rules and recommendations causes uncertainty regarding the presence (absence) of a judge’s conflict of interest. The article formulates the main signs of a conflict of interest: a) a contradiction between the personal (private) interests of a judge and the principles of justice; b) personal interest of a judge; c) financial interest of a judge; d) the existence of a legal fact confirming the conflict of interest; e) the need to inform the persons involved in the case about the conflict of interest; f) the burden of proving the grounds for recusal lies with the applicant. In addition, the author provides a legal assessment of the measures of settling a conflict of interest in judicial activity, outlines approaches and proposals to improve the institute of conflict of interest settlement in judicial and advocacy activities, and reveals the peculiarities of conflict of interest settlement in group proceedings.
Scientific novelty: the article presents a comprehensive study of the institute of conflict of interest in judicial and advocacy activities, in which the main features of conflict of interest in judicial and advocacy activities are identified, the peculiarities of conflict of interest settlement in proceedings for the protection of rights and legitimate interests of a group of persons are determined, a comparative legal analysis of foreign and Russian law enforcement practice on the conflicts of interest settlement is carried out.
Practical significance: the main conclusions of the article can be used in law-making activities to improve the legal regulation of the conflict of interest institute. The formulated provisions and conclusions can be used in lectures, seminars, preparation of methodological materials on legal disciplines.

121-133 582
Abstract

Objective: to create a model of legal regulation of clusters in the Russian Federation.
Methods: historical method, formal-legal analysis, statistical and sociological methods, systematization, comparative-legal method, methods of legal modeling and forecasting.
Results: based on the analysis of scientific literature, Russian and foreign legislation and legal practice, the paper formulates the definition of a “cluster” concept (a group of business entities (suppliers, manufacturers, etc.) located on the territory of a special economic zone, operating in a certain sphere, producing and/or carrying out complementary goods, works, services), defines its features and types, and identifies the models of incentive legal regimes: (a) “model of derogations” – EPR model; b) “model of guarantees” – model of a legal regime stimulating entrepreneurial activity in the field of digital innovations and technologies in the PPP (MPP) framework; c) “model of support” – model of a legal regime stimulating entrepreneurial activity of SMEs in the field of digital innovations and technologies; d) “model of preferences” – model of a legal regime stimulating entrepreneurial activity within the boundaries of territories and entities with high innovation potential. The author proposes to create a unified legal regime of cluster and cluster activity in the Russian Federation by developing and adopting a relevant federal law and amending the legislation on special economic zones.
Scientific novelty: the article is the first to carry out a comprehensive comparative legal analysis of clusters and cluster policy, their legal regulation in Russia and foreign countries.
Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the legal regulation of clusters and cluster policy in Russia and foreign countries, as well as legal regimes stimulating entrepreneurial activity in the field of digital innovation and technology.

LABOR LAW

134-147 756
Abstract

Objective: to define libertarian principles of labor law, to establish their place in the system of labor law, and to identify problems related to their implementation in the law enforcement practice of EAEU member states.
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-legal, comparative-legal, and method of specific sociological research.
Results: based of natural-law and libertarian concepts of legal understanding, the author formulates a definition of the “libertarian principles of labor law” concept as guiding ideas that embody freedom and underlie the labor law construction. The author determines the vector of its further development in the regulation of labor and associated relations. The main libertarian principles of labor law are proposed and analyzed: a) freedom of labor force movement; b) freedom of labor and the right to work; c) prohibition of forced labor; d) freedom of contract (specified as the principles of freedom of labor contract, freedom of collective bargaining, agreement); e) freedom of association; f) freedom of collective bargaining, freedom of choice in discussing issues within the sphere of labor, voluntariness of the parties’ taking obligations (as the main principles of social partnership). The study results are expressed in theoretical conclusions and assessment of labor legislation of the EAEU countries in terms of the libertarian principles of labor law completely reflected and guaranteed in them.
Scientific novelty: the paper is the first to analyze libertarian principles of labor law as a separate group of principles of labor law in the EAEU member states and to reveal the legal nature and system of libertarian principles of labor law.
Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the consideration and resolution of labor disputes, in overcoming gaps and legal conflicts in labor legislation.

CRIMINAL LAW AND CRIMINOLOGY

148-189 5188
Abstract

Objective: to describe and evaluate the contribution of Praskovya Nikolayevna Tarnovskaya to the Russian, European and world criminology based on the analysis of her works and expert opinions.
Methods: general scientific (analysis, synthesis, comparison, grouping, modeling, interpretation) and special (historical-legal, content analysis of media publications) scientific methods, which are used in modern criminological science.
Results: new literary sources were identified and introduced into the scientific turnover, i.e. Praskovya Nikolayevna Tarnovskaya’s works published in the late 19th – early 20th century in Russian and foreign languages and devoted to the issues of combating female criminality. The significant contribution of P. N. Tarnovskaya to the formation and development of the Russian, European and world criminological science was established.
Scientific novelty: for the first time in criminological science, the content of a maximum number of literary sources by P. N. Tarnovskaya, one of the founders of the world criminology, published in Russian, French and Italian languages, was assessed. Based on the reviews, commentaries and other information published in scientific periodicals, the author monitored how P. N. Tarnovskaya’s contemporaries assessed her works. A proposal is made to develop a new branch of Russian criminology – historical criminology.
Practical significance: the work can be used to prepare textbooks, manuals and other teaching materials on the course “Criminology” and to fill with new content the section “History of the Russian criminology”. It may also be useful for the theoretical development of a new scientific area of the world, European and Russian criminology – historical criminology.

TRANSLATED ARTICLES

190-216 879
Abstract

Objective: to study the gaps in the legal regulation of relations in the sphere of inventions made by artificial intelligence.
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: in Thaler v. Vidal, the U.S. Court of Appeals for the Federal Circuit ruled that an artificial intelligence (AI) machine cannot be an inventor under patent law. This decision leaves open the question of whether a natural person can be the legal inventor of AI-generated inventions. This is a pressing question because it decides whether AI-generated inventions are patentable, as no patent rights can exist without an inventor. Scholars have proposed two doctrines that might resolve this question: the doctrine of simultaneous conception and reduction to practice and the doctrine of first to recognize and appreciate. This article analyzes the two doctrines and argues that neither doctrine readily applies to AI-generated inventions, thereby leaving an “inventorship gap”.
Scientific novelty: the article is the first to pose and solve the problem of legal regulation of inventions made with the help of artificial intelligence and to state the need for the U.S. Congress to amend the copyright law in terms of recognizing a physical person who uses artificial intelligence to generate inventions as the author of such inventions. It bridges the gap in legal regulation of relations in the sphere of inventions and patenting and facilitates the goals of the patent system.
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 legal regulation of relations in the sphere of inventions made by artificial intelligence.

217-245 2020
Abstract

Objective: the objective of this article is to address the misalignment between the expectations of Artificial Intelligence (or just AI) systems and what they can currently deliver. Despite being a pervasive and cutting-edge technology present in various sectors, such as agriculture, industry, commerce, education, professional services, smart cities, and cyber defense, there exists a discrepancy between the results some people anticipate from AI and its current capabilities. This misalignment leads to two undesirable outcomes: Firstly, some individuals expect AI to achieve results beyond its current developmental stage, resulting in unrealistic demands. Secondly, there is dissatisfaction with AI's existing capabilities, even though they may be sufficient in many contexts.
Methods: the article employs an analytical approach to tackle the misalignment issue, analyzing various market applications of AI and unveils their diversity, demonstrating that AI is not a homogeneous, singular concept. Instead, it encompasses a wide range of sector-specific applications, each serving distinct purposes, possessing inherent risks, and aiming for specific accuracy levels.
Results: the primary finding presented in this article is that the misalignment between expectations and actual AI capabilities arises from the mistaken premise that AI systems should consistently achieve accuracy rates far surpassing human standards, regardless of the context. By delving into different market applications, the author advocates for evaluating AI's potential and accepted levels of accuracy and transparency in a context-dependent manner. The results highlight that each AI application should have different accuracy and transparency targets, tailored on a case-by-case basis. Consequently, AI systems can still be valuable and welcomed in various contexts, even if they offer accuracy or transparency rates lower or much lower than human standards.
Scientific novelty: the scientific novelty of this article lies in challenging the widely held misconception that AI should always operate with superhuman accuracy and transparency in all scenarios. By unraveling the diversity of AI applications and their purposes, the author introduces a fresh perspective, emphasizing that expectations and evaluations should be contextualized and adapted to the specific use case of AI.
Practical significance: the practical significance of this article lies in providing valuable guidance to stakeholders within the AI field, including regulators, developers, and customers. The article's realignment of expectations based on context fosters informed decision-making and promotes responsible AI development and implementation. It seeks to enhance the overall utilization and acceptance of AI technologies by promoting a realistic understanding of AI's capabilities and limitations in different contexts. By offering more comprehensive guidance, the article aims to support the establishment of robust regulatory frameworks and promote the responsible deployment of AI systems, contributing to the improvement of AI applications in diverse sectors. The author's call for fine-tuned expectations aims to prevent dissatisfaction arising from unrealistic demands and provide solid guidance for AI development and regulation.

246-263 730
Abstract

Objective: to analyze the positions of judges on risk assessment tools using artificial intelligence.
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: Artificial intelligence (AI) uses computer programming to make predictions (e.g., bail decisions) and has the potential to benefit the justice system (e.g., save time and reduce bias). This secondary data analysis assessed 381 judges’ responses to the question, “Do you feel that artificial intelligence (using computer programs and algorithms) holds promise to remove bias from bail and sentencing decisions?”
Scientific novelty: The authors created apriori themes based on the literature, which included judges’ algorithm aversion and appreciation, locus of control, procedural justice, and legitimacy. Results suggest that judges experience algorithm aversion, have significant concerns about bias being exacerbated by AI, and worry about being replaced by computers. Judges believe that AI has the potential to inform their decisions about bail and sentencing; however, it must be empirically tested and follow guidelines. Using the data gathered about judges’ sentiments toward AI, the authors discuss the integration of AI into the legal system and future research.
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 legal risks of using artificial intelligence.

DISCUSSIONS

264-279 1327
Abstract

Objective: to show the ontological differences between human and artificial intelligence and address structural divergences at the definitional level.
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: a cross-cutting analysis was applied to the phenomenon of AI between cyber utopianism and cyber realism. Starting from a quote by Max Tegmark, the theory of artificial intelligence is reconstructed by the theorists who founded the discipline (Turing, Minsky, Bernstein, von Neumann) and it is discussed why – in light of the discoveries and assumptions of neuroscience – it is not possible to define it as intelligence according to human criteria. Three short notes are included in the appendix that complete the discussion: 1. on the consciousness of machines 2. on the theory of utopian cyber employment and remuneration 3. “The hungry judge is more cruel” (discussion on an Israeli study).
Scientific novelty: through the examination of multiple types of intelligence (Gardner) and social intelligence (Thorndike, Goleman), a more complex definition of intelligence is proposed than that which can be replicated by artificial neural networks, especially in relation to the interaction between animal and environment. Three short messages highlight the uncertainty and risks that may arise from the rampant use of artificial intelligence as judges.
Practical significance: starting from a correct definition of human intelligence, the author comes to the definition of artificial intelligence. Beyond the myth of AI, we discover its limits and the objective limitations we must provide for in order to save the most precious asset we have: mankind.

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ISSN 2782-2923 (Print)