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Russian Journal of Economics and Law

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Vol 14, No 4 (2020)

THEORY OF ECONOMICS

667-682 443
Abstract
Objective: to consider the feasibility of partitioning the meso-level in economic analysis alongside with the classical micro- and macro-levels.Methods: qualitative methods, discourse analysis, comparative analysis, generalization.Results: it is shown that the idea of partitioning the meso-level in economic research is from the very beginning associated with the evolutionary and institutional direction of economic research. It is established that, despite the ignoring of meso- economics by the leading economic trends, this concept is being applied in the economic literature for almost half a century. Based on the analysis of various economic studies, the author formulates an answer to the question about the need to partition the level of meso-economics. The meso-level is understood by the author as an ontological space for the rules formation and institutionalization. The introduction of the meso-level concept in the theory of institutional reforms can be justified by the need to develop the latter. A critical issue in the theory of institutional reforms is the problem of implementing reforms in the established institutional environment. We believe that the main processes of distortion of the implemented norms that contribute to the formation of inefficient institutional states unfold precisely at the theoretical meso-level. Understanding these relationships can lead to more effective strategies that take into account the risks of meso-economics.Scientific novelty: the article is one of the first to raise the question of feasibility of introducing the meso-level concept into economic analysis from the viewpoint of the theory of reforms.Practical significance: the results obtained by the author are useful for further development of meso-economic theory, as well as for the formation of the theory of reforms.
683-696 487
Abstract
Objective: to identify some aspects of the historical genesis of the ideas of wealth maximization theory by Richard AllenPosner - one of the main representatives of the Chicago school of economic analysis of law.Methods: post-classical approach to the cognition of social phenomena, which allows analyzing them in their historical development and functioning as the complex of objective and subjective factors; portrait method; comparative legal and formal logical analysis.Results: the wealth maximization theory by R. Posner is one of the most well-known ethical and legal theories in the English- speaking world. It has many followers, and it is often applied as the basis of functioning by acting Western politicians and representatives of political parties. There are also opponents who stand in different positions. The article provides arguments to confirm that R. Posner’s theory is based on the ideas of A. Smith and J. Bentham. In particular, it is A. Smith’s idea that the engine of human development is the desire to improve human living conditions, which is the desire to increase private and public wealth. Also important are the ideas of the “invisible hand of the market” and of self-interest, which is inextricably linked with empathy. From the creative heritage of J. Bentham, Posner singled out the idea of pleasure as a criterion for justifying actions, although he criticized it. Posner replaced pleasure with utility, aimed at maximizing wealth. Posner also recognizes that Bentham’s idea, which has become one of the key ones in the economic analysis of law, is that punishment is a way to impose costs for criminal activity. The authors conclude that the ideas of these thinkers are the basis of the wealth maximization theory by R. Posner, which, in turn, is an authoritative normative legal theory within the Chicago school of economic analysis of law.Scientific novelty: for the first time in the Russian science, this article examines the general theoretical foundations of the welfare maximization theory created by the most famous American lawyer, thinker and economist R. Posner and reveals its ideological origins. Understanding of these origins makes it possible both to criticize this theory and to study the possibilities of using its ideas in the Russian perspective.Practical significance: the ideas that served as the basis for Posner’s wealth maximization theory can be used both for further criticism of this theory and for the development of the Russian legal science and philosophy of law. These ideas can also be used in political practice, law-making, and judicial law-enforcement.
697-732 540
Abstract
Objective: based on a critical assessment of the anti-crisis plans of the Russian Federation and other states, the positions of scientists and experts, to propose measures to correct these plans to improve the quality of management of the Russian economy. To generalize the possibilities of applying the experience of neutralizing the crisis consequences in the framework of the views of existing economic schools.Methods: the research uses such techniques of abstract-logical method as analysis, synthesis, generalization, comparison, analogy, deduction, induction, and prediction.Results: the author analyzes the anti-crisis plan of Russia and reveals the shortcomings of the Russian national plan, which ensures the restoration of employment and income of the population, economic growth and long-term structural changes. The article summarizes foreign practices, some of which are recommended to be implemented in the Russian economy. Recommendations for correction of the studied anti-crisis plans are offered. Taking into account the identified shortcomings and some foreign practices, the anti-crisis plan of the Russian Federation is proposed to be adjusted in the fields of: support for import substitution; improvement of social support of the population; development of exports; modernization of national economy sectors, improvement of taxation; promotion of digitalization; improvement of the quality of work of the Russian regions. The actions to be included in the M. V. Mishustin’s anti-crisis plan are defined.It is revealed that the actions of the Russian Federation Government under the pandemic clearly show the priority of solving non-economic problems over economic ones. This may indicate that crisis management is implemented within the framework of the traditional institutionalism paradigm.Scientific novelty: first, a new direction of economic theory development is proposed - anti-crisis traditional institutionalism, or management of economic crises from the viewpoint of traditional institutionalism. Second, the relevance of the little-known theory of infinite crises and infinite crisis management is confirmed. Third, new measures are proposed for managing the Russian state in times of obvious and hidden crises. Many of them are of an organizational nature, which fully corresponds with the priorities outlined above.Practical significance: the proposed measures can be used to improve crisis management in the Russian economy. The development of economic theory according to the proposed scheme will lead to a change in the structure of objects and methods of anti-crisis management, which will clarify the methodology of anti-crisis management of macro-economy.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

733-750 434
Abstract
Objective: to identify and characterize the current trends in improving approaches to evaluating the performance of executive authorities, taking into account the trends and prospects for improving their activities to implement the goals and objectives of national, federal, and regional projects.Methods: general scientific methods of the systematic approach aimed at a holistic perception of the research object, such as comparison, grouping, other statistical methods, as well as the scenario approach and expert assessments.Results: the issues of management system in the activities of government bodies that affect the efficiency of public servants are identified, systematized and characterized. Based on the analysis of the dynamics and structure of the number of state and municipal employees and their remuneration in the Russian Federation, Southern Federal district and Volgograd region, the differences in the work of state and municipal employees at different levels are reasoned and proposals are developed for the use of a system of key performance indicators (KPI) linked to the goals and objectives of national projects at all levels of executive power. Taking into account the example of calculating KPI, an algorithm for its implementation is proposed, the positive and negative consequences of this system in executive authorities are justified.Scientific novelty: the article for the first time gives an assessment of the prospects for implementing KPI for state and municipal employees with a detailed justification of both advantages and risks of implementing such a system, taking into account the impact of national projects’ goals and objectives on the content and working conditions of executive authorities involved in their implementation.Practical significance: the findings and results of the study can be used in the educational process when studying the use of KPI to improve the efficiency of state and municipal employees at the level of individual governance bodies; the article is also of interest for implementation or development of the KPI system at regional and municipal levels of executive authorities.
751-770 835
Abstract

Objective: to analyze the possible distribution structures of mobile communication traffic and profit in the Russian telecommunications market for the entrance of a fourth mobile operator.Methods: game theory and economic and mathematical modeling.Results: the article examines the oligopolistic market of telecommunications services, whose participants are largely affected by the appearance of a new participant in the market. The main solutions of oligopolists were considered using game theory and reflection analysis. Based on the linear model of the game of oligopolistic market agents, possible variants of equilibriums in the market game of four oligopolists with different ranks of strategic reflection were investigated. The modeling of information balances between agents in the Russian telecommunications market was carried out, which was used to determine the possible strategies for improving the market positions of mobile operators. Analytical formulas for calculating the estimated variations and equilibrium distributions of market share and profit for a market of four agents were derived, which creates additional practical value. The conclusions were made that the size of marginal costs is a decisive advantage when entering the market. It was also determined that the operators with prospective views compared to others gain advantage in the market distribution. Scientific novelty: analytical formulas for calculating the estimated variations and equilibrium distributions of market shares and profits in the game of oligopoly are derived for the case of four agents with different cost functions.Practical significance: the calculated information equilibriums can be used to make comparisons with the Russian telecommunications market structure in order to determine the type of operators’ reflexive behavior. The developed models of information equilibrium and market agents’ behavior are also applicable to other Russian markets.

771-782 231
Abstract
Objective: to assess the students and graduates’ perception of the state policy aimed at supporting young professionals in the labor market.Methods: qualitative methods were used to analyze labor market institutions, in-depth interviews were conducted, and interpretative analysis of actors’ discourses was made.Results: the authors’ conceptual conclusions make it possible to characterize the unstable position of university graduates in the structure of precariat in the Russian labor market. Two types of reasons are considered that determine whether university graduates are included in the precariat within the framework of the “work experience - education” dichotomy. The article analyzes the features of the Russian labor market and the proposed state policy measures to transform traditional forms of employment using the achievements of digitalization. In-depth interviews were conducted with students and graduates of the Southern Federal University to assess their perception of the state policy and attitude to unstable employment.Scientific novelty: to understand the place and role of precariat in the structure of employment, it is necessary to consider such characteristics, in addition to instability, as the level of education and the level of skills acquired.Practical significance: the identified social values and employment characteristics of Russian university graduates can be used to develop recommendations for improving the system for monitoring the level of labor precarization in regional labor markets.
783-799 401
Abstract
Objective: to systematize trends in the low-carbon economy in Russia and to identify drivers and inhibitors for its further development.Methods: description and comparison were used to identify the main trends in the low-carbon economy; the principal component method was used to classify specific indicators of resource and energy efficiency and to identify the key factors in the formation of a low-carbon economy.Results: the analysis of the dynamics of specific indicators of the low-carbon economy development in Russia showed a decrease in energy intensity, an increase in the electric power of labor in the industrial sector and the use of renewable energy sources, an increase in total greenhouse gas emissions and in the formation of production and consumption waste. Based on the principal component method, the author proposes a method for classifying the specific indicators and the key development factors and calculating an integral indicator of the low-carbon economy development. The key factors of the low-carbon economy development are identified: energy consumption and the ecological footprint of production, as well as inhibitors - consumption of fuel and energy resources per employee, total greenhouse gas emissions, and a low degree of waste disposal. Based on the analysis and modeling results, we suggest ways to improve efficiency in the sphere of resource and energy saving.Scientific novelty: the article for the first time proposed and tested the method of calculating the integral indicator for a low- carbon economy, taking into account the integral factors - energy consumption and the ecological footprint of production. Practical significance: the main provisions and conclusions of the article can be used in the development of programs and projects in the field of resource efficiency and reduction of negative impacts on the environment in the real sector of the economy.

THEORY AND HISTORY OF LAW AND STATE

800-813 352
Abstract
Objective: a retrospective analysis of the legal nature of public relations in the history of the state and law of Russia related to compensation for damage caused by crimes, with a view of potentially using it in reforming the Russian legislative norms to create conditions for deeper differentiation and individualization of punishments and liability.Methods: the author used general scientific techniques and methods of cognition; collection and processing of empirical materials were carried out by applying the following research methods: comparison, modeling, analysis, synthesis, formal- logical approach, specific scientific methods, including the historical one.Results: the study resulted in the conclusion that the problem of liability for damage caused by committing criminal encroachments has passed a long historical path and is one of the oldest among those recorded in various legal institutions. The author highlights the historical periods in the development of the institution under consideration, within which public and private interests were protected: a) the period of the 9th - 14th centuries (priority was given to the protection of private interests); b) the period of the 15th - 18th centuries (to a greater extent, private interests were protected); c) the period of the 19th - 21st centuries (characterized by a balance of public and private interests). In the course of the research, the author conducted a historical and legal analysis of the institute of compensation for criminal damage, which allows noting progressive changes in this legal institution, from repressive to stimulating norms. This, in turn, makes it possible to strive to ensure the full restoration of rights and freedoms violated in the course of committing offenses, including creating all necessary conditions for further individual approach to the problem of criminal liability and penalties.Scientific novelty: is expressed in a comprehensive analysis of the legal nature of social relations in the history of the state and law of Russia, related to compensation for damage caused by crimes. Practical significance: allows using its main results and conclusions in standard-setting activities to improve the legal framework related to the differentiation and individualization of punishments and liability related to compensation for damage caused by a crime.
814-826 293
Abstract
Objective: to analyze the observance of fundamental rights in fighting corruption using Big Data in China.Methods: dialectical approach to the cognition of social phenomena, which allows analyzing 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: following the rapid development of information technologies, Big Data has become a sharp sword of the Chinese regulatory authorities fighting corruption. Big Data provides new opportunities for understanding the phenomenon of corruption, a new format of thinking, and new methods of fighting corruption. Big Data technologies allowed the Anti-corruption Agency to create a digital reflection of the real society in a short time and conduct an in-depth analysis of the data, thereby obtaining keys to understanding the extremely talented scams of officials; to reveal the real picture of the complex corruption links. Due to the fact that Big Data processing technologies are constantly updated and the data protection system is lagging behind, an imbalance has existed for some time, the so-called data scissors; in the traditional sense - the tension is growing between the fight against corruption using Big Data and the protection of citizens’ fundamental rights. Absolutely all countries of the world that implement the anti-corruption Big Data technologies have faced this problem and require its regulation.Scientific novelty: the paper for the first time substantiates the need to build a full-fledged system for protecting the fundamental rights and freedoms of citizens using Big Data in fighting against corruption in China.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities in the detection, suppression and prevention of offenses in the field of corruption counteraction.

CRIMINAL LAW AND CRIMINOLOGY

827-851 244
Abstract
Objective: to identify and disclose the characteristics of corruption crime and its impact on the business community of theNizhny Novgorod region based on the data of an empirical sociological study.Methods: the study is based on the questionnaire survey “Perception of anti-corruption security by businesspeople of the Nizhniy Novgorod region” (N = 408), conducted using scales developed by the authors. The system of indirect questions (projection method) allows revealing the attitude of entrepreneurs (small and middle business) to corruption situations and causes that generate them.Results: the perception of corruption by representatives of small and middle businesses working in the Nizhny Novgorod region was analyzed. The overall level of tolerance for everyday manifestations of corruption in this group of respondents was determined, and correlations of gender, age, education, size of the enterprise and field of activity of respondents with their attitude to corruption were revealed. The authors formulated a number of recommendations for law enforcers engaged in implementing preventive measures against corruption crime (providing socially significant state and municipal services through multifunctional centers (MFC), excluding or minimizing direct contact between an entrepreneur and an official who makes a decision on a particular issue, developing civil society institutions to protect the rights of entrepreneurs, etc.). Scientific novelty: the results obtained are of both theoretical and practical significance and can be used to improve the work of police regional divisions engaged in the field of anti-corruption. In addition, the scales developed by the authors (with a minimal variable part) have already been used in surveys of Nizhny Novgorod residents and police officers, allowing a comparative analysis of attitudes to corruption among different groups of the population.Practical significance: based on the study, methodological recommendations were developed to improve the work of territorial bodies of the Ministry of Internal Affairs in order to optimize the prevention of corruption crime in various groups and segments of the population.

TRANSLATED ARTICLES

852-869 283
Abstract
Objective: to analyze the contemporary state of public corruption 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, comparative-legal, and sociological. Results: in the last 30 years, prosecutions of public corruption cases have continued to increase in the United States. Some cases are short-term acts, such as a bribe for a contract, but others are long-term and systematic, such as the Pennsylvania judges’ kids for cash scandal. This project involved interviews with 73 former investigators, prosecutors, community stakeholders, and individuals with first-hand experience in corrupt activities, together with analysis of court documents, to reveal how such cases came to the attention of law enforcement. Information about corrupt acts comes to law enforcement in a few distinct ways: experienced by a member of the community, discovered during other investigations, tips from anonymous persons or whistleblowers, and through regularly required audits. Empirical examples from interviews and court cases show how law enforcement identified corrupt acts. Unlike business fraud, whistleblowers appear to play a smaller role compared to informants and other criminals in corruption cases.Scientific novelty: this article is the first to analyze the contemporary state of public corruption in the United States ofAmerica, reveal and define the typical mechanisms of how corrupt acts come to the attention of law enforcement.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when revealing, suppressing and preventing the offenses related to corruption counteraction.
870-890 246
Abstract
Objective: to analyze the dispute resolution practices for dealing with citizen-initiated complaints against police in Queensland, Australia.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 choice of the following research methods: formal-logical, comparative-legal, and sociological. Results: since the 1990s, alternative dispute resolution practices for dealing with citizen-initiated complaints against police, such as conciliation, have progressively been trialed and implemented in police services across Australia. The Queensland Police Service was one of the most proactive services in trialing independently facilitated complaints mediation programs - in collaboration with its oversight agency. However, despite repeated positive outcomes, the Service refrained from actively using mediation, preferring instead to use management dominated informal resolution (conciliation). This process, characterized by police investigating police, continues to limit complainant participation by denying them the opportunity to meet face- to-face with the subject officer. Yet the literature cites mediation, especially practices based on restorative principles as beneficial because it brings disputing parties together in dialogue that is educative for both parties, reparatory, and better satisfies complainants’ aspirations for an inclusive and neutral complaints system, while data from mediated complaints can also be used to inform police conduct improvement strategies. Complaints mediation is available upon request within the Queensland Police Service, however, it is not widely promoted, and is internally facilitated.Scientific novelty: this article presents an historical account of the application of mediation and conciliation to the Queensland Police Service complaints system. The authors answer the question why conciliation has become the default approach and mediation continues to be largely ignored. This is done through a qualitative analysis of publicly available documents and semi-structured interviews with key stakeholders. The findings reveal that the 1992 Mediation Pilot was very successful. However, the Queensland Police Service adopted conciliation because it was cheaper and, they claim, better aligned with managing behavioral improvements. Three decades on, there has been little evidence of this, while the literature clearly shows that mediation should be a key component of any police complaints and discipline system. The findings reveal that the 1992 Mediation Pilot was very successful. However, the Queensland Police Service adopted conciliation because it was cheaper and, they claim, better aligned with managing behavioral improvements. Three decades on, there has been little evidence of this, while the literature clearly shows that mediation should be a key component of any police complaints and discipline system.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 citizens’ claims on the actions of law enforcers.


ISSN 2782-2923 (Print)