Bulletin of Udmurt University. Series Economics and Law
Latest Publications


TOTAL DOCUMENTS

332
(FIVE YEARS 331)

H-INDEX

1
(FIVE YEARS 1)

Published By Udmurt State University

2413-2446, 2412-9593

Author(s):  
L.K. Subrakova

The purpose of the study is to substantiate the relevance of introducing special measures of support for the population of small villages on the basis of a generalization of domestic and foreign practices of social benefits during the coronavirus pandemic. The poor situation of small villages, on the one hand, and the relatively low financial cost of payments, limited by territory and social categories, on the other hand, led to the proposal to preserve and develop small villages with the achievement of economic and socio-demographic well-being. In order to curb the process of depopulation in rural areas it is proposed to develop a strategy for the preservation and development of small villages, including a special state policy of income for the population of small villages on the basis of a guaranteed rural minimum income. The conceptual basis of this policy can be the idea of a universal basic income with variations of conditional, selective, both monetary and natural basic income. The implementation of this approach is proposed as an experiment in small villages of the regions of the Siberian Federal District. According to calculations, 50 million rubles a year will be required to pay 437 thousand residents in 5.8 thousand rural settlements of the regions of the Siberian Federal District, or 0.65 % of GRP. As a result, it is expected to reduce excessive income inequality, improve the demographic situation and increase employment. The research is based on the method of dialectical knowledge of processes and phenomena. When studying the issues of the state and trends of changes in the situation of small rural settlements, monographic, abstract-logical and economic-statistical methods were used.


Author(s):  
M.N. Tarsheva

Legal procedures in a state governed by the rule of law are a kind of guarantor of legality and protection of citizens' rights, and therefore issues related to the development and improvement of the procedural mechanism are among the top priorities. The procedural mechanism is the most important structural element of the legal regulation system, which includes entire procedural branches. The article substantiates the need to develop and legislate procedures within which actions can be carried out to reconcile and make amends for harm, compensation for damage or otherwise make amends for harm (since gaps and shortcomings in the legislation associated with the lack of procedural mechanisms do not allow to fully realize the human rights potential of Articles 25, 25.1, 28 Part 1, 28.1 of the Criminal Procedure Code of the Russian Federation), as well as the need to classify these procedures (which has not been previously carried out). The author proposes to divide such procedures into conciliatory and restorative ones. The author's definitions of conciliation and restorative procedures in pre-trial proceedings are given.


Author(s):  
N.V. Kuznetsova

The article considers contractual grounds for termination of civil obligations: compensation, innovation, debt forgiveness. The paper notes some problems of the application of Articles 409, 414, 415 of the Civil Code of the Russian Federation in judicial practice, analyzes the issues of the ratio of compensation and innovation, the differentiation of these contracts. The problems of qualification of agreements on the grounds for termination of obligations in law enforcement practice and the question of applying the principle of freedom of contract to the relations under consideration are considered. It is noted that at present the practice of applying the legislation on compensation has changed significantly. Despite the restrictions established by the norm of Article 409 of the Civil Code of the Russian Federation, judicial practice allows the possibility of using works and services as a subject of compensation, which leads to problems of distinguishing such contractual grounds for termination of obligations as compensation and innovation. With regard to the innovation, an analysis of the provisions on the possibility of novating the penalty into a loan obligation is given. A problematic issue is the legal qualification of debt forgiveness as a basis for termination of an obligation. It is noted that the contractual nature of debt forgiveness should be taken into account. Acceptance of notification by the debtor's creditor of his release from the performance of his duty is the silence of the debtor (clause 2 of Article 438 of the Civil Code of the Russian Federation). The article also considers the question of the ratio of debt forgiveness and donation. The analysis of judicial practice shows that the courts do not consider debt forgiveness as a gift, except in cases when the creditor released the debtor from the performance of the obligation free of charge. In this case, the norms of Article 168 of the Civil Code of the Russian Federation and paragraph 4 of Article 575 of the Civil Code of the Russian Federation are subject to the application of debt forgiveness.


Author(s):  
S.A. Sobolev

The article attempts to investigate general and particular issues of the social development of the domestic legal system in the modern knowledge of its history from a general theoretical standpoint on the example of a specific legal discipline - labor law. The problem of methodological order is considered when there is a confusion of law as an object of cognition with a real reflection of the formation and social development of its subsystems or structural components, which receive study at the sectoral level. Labor law is analyzed as a subsystem or the most important structural component of the legal system, while scientific research on various aspects of the history of labor legislation goes beyond the modern industry and academic discipline. The problem of the methodological order is the continuity and discontinuity of the very course of development of the domestic system of law and branches of law of the Russian Empire, the Soviet and modern periods. Attention is drawn to the fact that many modern labor law categories in the period before 1917 were absent in the legislation, but formed the content of legal acts and scientific research. In turn, labor relations were formalized by a contract of employment (personal employment), but the specifics of its regulation were determined by mining and factory legislation. Some problems of understanding the modern history of labor law are characterized, when in the general theoretical and branch educational and scientific literature on labor and civil law, concepts such as an employment contract and labor legislation are mixed, and labor law as a branch of law refers to private law. Based on the theoretical works of scientists of the Russian Empire, the Soviet and modern period, a combination of private law and public law foundations of labor law is shown.


Author(s):  
E.N. Yakovleva

In the 21st century, climate change is becoming a key constraint on the sustainable development of industries, regions, countries, and the world community as a whole. Climate risk management therefore requires increased financial support, both to compensate for the damage caused by hydrometeorological hazards and to implement policies to reduce anthropogenic greenhouse gas emissions and adapt to changes. The article examines the main sources of financing for climate security management in Russia and foreign countries. Their positive aspects and problems of practical use have been identified. Each financial instrument is considered from the point of view of regulatory influence on subjects of market economy and climate risks. It has been shown that a number of elements of fiscal policy used on an ongoing basis or as an experiment in Russia require refinement or replacement. Practical recommendations for improving the situation are proposed, including the use of innovative tools for our country (climate innovation bank, weather and temperature options, etc.). The author's recommendations are aimed at changing the vector of climate regulation from state paternalism to the application of entrepreneurial initiative by creating effective market incentives. The result will be not only a decrease in greenhouse gas emissions and energy intensity of the economy, but also an increase in profitability and competitiveness, the investment attractiveness of organizations, territorial entities, the country, as well as an increase in the employment and well-being of the population and national wealth of the Russian Federation.


Author(s):  
V.G. Kostenkova

The article is devoted to the study of the problem of fundamental changes in the organization of the higher education system in connection with the transition to the fourth technological order, which is accompanied by the formation and development of digital technologies, the effective use of which presupposes that an employee has a system of modern knowledge and competencies. In these conditions, we can talk about the formation of the economy of knowledge. Only in this case an innovative version of the development of the national economy of Russia becomes a real. The article discusses various points of view on the qualitative and quantitative changes in the system of higher education in the era of the digital economy. The modern higher education system is the result of the classical industrial era, when mass standardization was considered the most important criterion for success. Traditional formal education was essentially a copy of the generally accepted model of factory production. The education model was designed in such a way that learners were passive recipients of information. The basic values of this system of higher education were control, standardization, compliance with generally accepted standards. However, this option has exhausted the possibilities of its development. It is noted that the digital transformation of the learning process should create conditions for the effective use of the latest technologies for the transition to a personalized and result-oriented educational process. In relation to Russia, this means the development of material infrastructure, the introduction of digital programs, the development of online learning, the development of new management systems for universities and learning processes.


Author(s):  
O.O. Tyurnina ◽  
V.V. Oglezneva

The definition and essence of hiring personnel, the process of searching, selecting and hiring employees are revealed. A comparative analysis of the points of view of different authors on the recruitment procedure is carried out. The historical foreign experience of different countries in the field of recruitment formation is considered. It is indicated what makes the process more efficient, the need for the correct choice of technologies and selection methods, their adaptation is noted. The main focus is on the process of forming the hiring procedure, its features and objectives. The main goal is considered - to find a person who meets the characteristics and criteria for the vacant position. The technology of hiring personnel of the enterprise is highlighted, which consists of a set of repeatedly reproducible and interrelated procedures, as a result of which a pre-programmed result is guaranteed to be obtained. The necessity of the correct organization of the recruitment procedure is emphasized, the purpose of which is to reduce the turnover of personnel at the enterprise, save time on the search, selection and hiring of candidates, as well as saving the organization's money. The analysis of statistical data of a specific organization is carried out before and after the introduction of the recruitment procedure. Reasonable conclusions are drawn about the need to develop a competent recruitment procedure for the successful development of the enterprise.


Author(s):  
V.Ya. Akhmetov ◽  
R.N. Galikeev

According to the results of 2020, in the rating of the subjects of the Russian Federation for the production of gross agricultural output, the Republic of Bashkortostan came in 6th place and 2nd in the Volga Federal District. The long-term leadership of the republic in terms of the development of the agro-industrial complex is largely explained by the presence of large areas of agricultural land (more than 7.2 million hectares), sufficient labor resources and relatively favorable soil and climatic conditions for the development of many branches of agriculture. However, in the XXI century, without the introduction of agro-innovations and the development of high-tech agriculture, processing industry, an effective system for the sale of manufactured products, it is becoming increasingly problematic to ensure the long-term competitiveness of the agro-industrial complex of the region both at the All-Russian and global levels. Current trends in the development of agribusiness in the world and in our country clearly show the priority of using the latest achievements of scientific and technological progress and significant investments in new agricultural technologies at the regional level in order to ensure high quality products and compete with domestic and foreign companies. Within the framework of this study, the need to improve the interaction of agribusiness with the scientific and educational sphere and the formation of the regional innovation infrastructure of the agro-industrial complex in the Republic of Bashkortostan with the coordinating role of the Ufa Federal Research Center of the Russian Academy of Sciences and the Government of the Republic of Bashkortostan is actualized. The authors conducted a comprehensive analysis of the key problems in the creation of a regional agro-industrial scientific and production cluster in the Republic of Bashkortostan and outlined priorities in its development.


Author(s):  
R.M. Khusnutdinov

The features of the seizure of securities in comparison with the general rules for the seizure of property in criminal proceedings are investigated. The purposes of arresting securities in criminal proceedings are analyzed. The question is raised about the reasons why the legislator separated securities from other property in relation to the possibility of arrest to ensure the execution of a sentence in part of a civil claim. The connection between the characteristic properties inherent only in securities, due to their economic and substantive nature, and the content of the criminal procedure prohibition, which is established by the court when seizing securities, is discussed. It is pointed out that it is necessary to develop criteria and limits for the establishment by the court in criminal proceedings of prohibitions on the exercise of rights on seized securities. The applicability of the general rules for the seizure of property in criminal proceedings in terms of the seizure and transfer of the seized property for custody to documentary and non-documentary securities is analyzed. The issue of developing criteria and other rules for making a decision on the seizure and transfer of seized securities for safekeeping, as well as a procedural mechanism for protecting the interests of participants in criminal proceedings from the loss of their value by seized securities, is being raised.


Author(s):  
E.V. Medvedev

The paper reveals the functional purpose of the norms regulating the procedure for establishing, extending and canceling the probation period on the grounds provided for in Article 74 of the Criminal Code, and determines their place in the mechanism for implementing the protective and restorative functions of criminal law. In the course of the study, the author comes to the conclusion that it is necessary to make a number of changes to this procedure, in particular, concerning the assessment of the grounds and determination of the legal consequences of the cancellation of probation as a result of the commission of an administrative offense by a conditionally convicted person, careless and intentional crimes, as well as violations of the requirements established for the behavior of a convicted person for the period of probation by a court verdict. At the same time, when designing the norms on probation, the legislator should proceed from the fact that the maximum effect of using this tool depends on the degree of integration of the convict's personality into a socially oriented environment, including in terms of correcting his value-semantic attitudes. It can be achieved if the probationer takes part in the life of society on an equal basis with its other representatives, being in the same social status and legal position with them, that is, in conditions of equal opportunities. Therefore, the longer a person is in the status of a convicted (albeit conditionally convicted) and a judged person, the further the prospect of full-fledged re-socialization will move away from him.


Sign in / Sign up

Export Citation Format

Share Document