Russian Journal of Economics and Law
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Published By Tatar Educational Centre Taglimat, Ltd.

2782-2923

2021 ◽  
Vol 15 (4) ◽  
pp. 851-858
Author(s):  
D. V. Manushin ◽  
T. V. Kramin

Objective: to conduct a detailed and complete analysis of a monograph by O. Yu. Dyagel2, which is devoted to the study of a wide range of issues related to analytical procedures of crisis management.Methods: the basic techniques of the abstract-logical method were used (analysis and synthesis, analogy, generalization, comparison, transition from abstract to concrete, etc.).Results: the leading line of this work is the differentiation of analytical procedures for crisis management, which implies a further standardization of individual diagnostics of enterprises’ financial condition. The reviewers emphasize the importance of the approaches to diagnosing the enterprises’ financial insolvency, systematized in the monograph.The reviewers assess the grouping of the author's approaches in the implementation of analytical procedures for crisis management, starting with preventive crisis management and ending with arbitration management.Scientific novelty: a new promising direction of financial analysis has been identified: standardization of an individual financial analysis based on specific groups of financial indicators suitable for a specific enterprise and its situation.Practical significance: the reviewers concluded that O. Yu. Dyagel’s monographic study contains examples of the practical application of the theoretical, methodological and regulatory approaches studied by the author, which significantly increases the possibility of their application in practice.


2021 ◽  
Vol 15 (4) ◽  
pp. 788-821
Author(s):  
G. Goodel ◽  
H. D. Al-Nakib ◽  
P. Tasca

Objective: to present the new approach to perform monetary transactions with digital currency.Methods: abstract-logical, analytical methods.Results: in recent years, electronic retail payment mechanisms, especially e-commerce and card payments at the point of sale, have increasingly replaced cash in many developed countries. As a result, societies are losing a critical public retail payment option, and retail consumers are losing important rights associated with using cash. To address this concern, we propose an approach to digital currency that would allow people without banking relationships to transact electronically and privately, including both e-commerce purchases and point-of-sale purchases that are required to be cashless.The article shows the advantages of cash payments compared to non-cash ones and defines the possibility to transform these advantages into the central bank digital currencies. The disputable issues of commercial banks development under the spread of digital currencies are discussed. The architecture of digital currencies is described, including distributed ledgers technology. It was shown that, for the digital currency to function effectively, it is necessary to include the privacy of end-users into its architecture; measures to achieve that are determined.Scientific novelty: the approached proposed in the article should be used to develop the digital currencies infrastructure. It should be government-backed, privately-operated and ensure that every transaction is registered by a bank or money services business, relying upon non-custodial wallets backed by privacy-enhancing technology, such as blind signatures or zero-knowledge proofs, to ensure that transaction counterparties are not revealed. This approach can also facilitate more efficient and transparent clearing, settlement, and management of systemic risk. We argue that our system can restore and preserve the salient features of cash, including privacy, owner-custodianship, fungibility, and accessibility, while also preserving fractional reserve banking and the existing two-tiered banking system.Practical significance: the proposed approach can be applied in the practical organization of perform monetary transactions using digital currencies.The article was first published in English language by Future Internet. For more information please contact the editorial office.For original publication: Goodell G., Al-Nakib H. D., Tasca P. A Digital Currency Architecture for Privacy and Owner-Custodianship, Future Internet, 2021, 13, 130. https://doi.org/10.3390/fi13050130Publication URL: https://www.mdpi.com/1999-5903/13/5/130


2021 ◽  
Vol 15 (4) ◽  
pp. 822-850
Author(s):  
W. S. Parkin ◽  
C. E. Mills ◽  
J. Gruenewald

Цель: to analyze the far-right extremism’s anti- government ideology as an external threat to law enforcement officers. Methods: dialectical approach to cognition of social phenomena, using the general and specific research methods based on it. Results: The relationship between far-right extremism and law enforcement in the United States has a long and complicated history. In 2020, this relationship was on display as both far-right extremists and law enforcement agencies were brought into the national spotlight for their roles in multiple unprecedented events. This research discusses how far-right extremism’s anti- government ideology represents an external threat to law enforcement officers. This threat is discussed through the presentation of 30-years of data on law enforcement officers killed in the line-of-duty by far-right extremists from the Extremist Crime Database. In addition, the research also examines law enforcement’s implicit and explicit support for far-right extremism, which creates an internal threat against the legitimacy of the profession. Finally, policy initiatives that come from, and build upon, prior research are discussed to reduce these threats.Scientific novelty: for the first time, the work substantiates that far-right extremists threaten the safety of law enforcement officers in the United States. Antigovernment extremists, who do not believe that they are subject to the laws of the jurisdiction where they live, pose the risk of escalating to violent acts when encountering law enforcement when they engage in both ideologically motivated and routine criminal activity. In addition, law enforcement agencies who hire far-right extremists face the very real prospect of becoming illegitimate in the eyes of the communities to whom they are sworn to serve and protect. Decades of criminological research has shown that lack of trust in law enforcement makes the job of policing a community more difficult and more dangerous. Although multiple paths forward were outlined that build on prior research and empirical knowledge, only decisive action by law enforcement and policymakers will result in outcomes that reduce the risk of external violent victimization to police and protect law enforcement agencies from being delegitimized by the presence of far-right extremists within their ranks.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 prevention, suppression and investigation of extremist crimes.The article was first published in English language by Criminology, Criminal Justice, Law & Society and The Western Society of Criminology Hosting by Scholastica. For more information please contact: [email protected] original publication: Parkin, W. S., Mills, C. E., Gruenewald, J. (2021). Far-Right Extremism’s Threat to Police Safety and the Organizational Legitimacy of Law Enforcement in the United States, Criminology, Criminal Justice, Law & Society, 2021, Vol. 22, No. 2, pp. 1–24. Publication URL: https://ccjls.scholasticahq.com/article/26321-far-right-extremism-s-threat-to-police-safety-and-the-organizational-legitimacy-of-law-enforcement-in-the-united-states


2021 ◽  
Vol 15 (4) ◽  
pp. 765-787
Author(s):  
A. A. Glukhova ◽  
D. A. Shpilev

Objective: based on a sociological research, to analyze, study and disclose the types, forms and quality of interaction between representatives of small and medium-sized businesses of the Nizhny Novgorod region with the economic security and anti- corruption units of the Ministry of Internal Affairs of Russia.Methods: general scientific (analysis, systemic-structural approach to the analysis of the research object, comparative legal method), as well as logical and specific scientific methods (survey – questioning of the business community of the Nizhny Novgorod region).Results: the methods and features of interaction between representatives of small and medium-sized businesses and departments of economic security and anti-corruption of the Ministry of Internal Affairs of Russia of the Nizhny Novgorod region in the course of entrepreneurial activity are identified and classified; the problems in the interaction of representatives of small and medium-sized businesses and departments of economic security and anti-corruption of the Ministry of Internal Affairs of Russia in the Nizhny Novgorod region are analyzed.Scientific novelty: based on the opinions of representatives of small and medium-sized businesses of the Nizhny Novgorod region, the article identifies and systematizes the main characteristics, including problematic ones, of the level and quality of interaction between representatives of small and medium-sized businesses with economic security and anti-corruption units of the Ministry of Internal Affairs of Russia. Based on the empirical research data obtained, the types and forms of interaction, ways of their implementation, and a mechanism for assessing the quality of interaction between representatives of small and medium-sized businesses of the Nizhny Novgorod region with economic security and anti-corruption units of the Ministry of Internal Affairs of Russia in the future are proposed. Among them, the obligation to voluntarily report cases of corruption and economic offenses; to support their employees who informed about the preparation or commission of an economic or corruption offense; to provide legal information to employees on the prevention of corruption and economic offenses; to assist authorized representatives of the units of the Ministry of Internal Affairs of the Russian Federation in conducting inspections of the organization’s activities; to support the identification and investigation of corruption, economic crimes and by the units of the Ministry of Internal Affairs of the Russian Federation and to involve specialists in the relevant field of law when preparing responses to requests from law enforcement agencies.Practical significance: the study results can be used to improve the quality of interaction between representatives of small and medium-sized businesses with the divisions of the Ministry of Internal Affairs of Russia, in particular, by entrepreneurs assuming public obligations to report cases of corruption and economic offenses to law enforcement agencies, which the organization (employees of the organization) became aware of, as well as the implementation of measures to support the employees who reported to law enforcement agencies about information that became known to them during the performance of their work duties about the preparation or commission of an economic or corruption offense.


2021 ◽  
Vol 15 (4) ◽  
pp. 731-742
Author(s):  
G. B. Dobretsov

Objective: to develop the “term” concept in the contract system legislation and to identify the features of terms calculation, taking into account the wording of the Federal Law “On the contract system in the field of procurement of goods, works, and services for state and municipal needs” of 02.07.2021.Methods: general scientific and specific scientific research methods are used in the work.Results: the legislation on the contract system does not register the “term” concept, but establishes it in all procedures and for all participants of the contract system. Terms violation entails administrative liability for both legal entities and officials. The entire logistics of procurement activities is connected with terms. As a result of the study, the following features related to terms in the contract system were identified: a) the terms calculation in the contract system in the field of procurement of goods, works, and services for state and municipal needs must be carried out in accordance with Chapter 11 of the Civil Code of the Russian Federation; b) Monday to Friday, except for federal official holidays, as well as other non-working days established by the authorities of the Russian Federation, should be considered working days; c) taking into account the high administrative responsibility for these offenses, if possible, to add to the established minimum and to subtract from the maximum period at least one day for unforeseen technical failures, in addition to the calculated period; d) in the legal structure “from the day following the day”, when establishing the maximum preventive terms in the law, to calculate the terms from the day of the event, the minimum preventive terms – from the day following the specified event; e) in some cases, as, for example, when concluding a contract, the customer should not only comply with all the terms of the formula “not more”, but also plan so that at the last stage there is no contradiction between “not more” and “not less”; f) the calculation of the terms provided by Law for the placement of electronic documents and information in the UIS starts from the moment they are placed in the UIS. Individual documents are placed in the UIS through the Treasury, the territorial body of which has the right to form notifications about the passage of control of these objects of control during the next working day. At that, the placement of control objects in the UIS will be carried out on the next working day from the date of their referral for control to the appropriate Treasury body.Scientific novelty: the article for the first time examines the norms and rules for calculating the terms stipulated in the Federal Law “On the contract system in the field of procurement of goods, works, and services for state and municipal needs” as amended on 02.07.2021, and analyzes regulatory legal acts in the field of procurement that come into force on January 1, 2022.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 calculation of terms in the field of procurement.


2021 ◽  
Vol 15 (4) ◽  
pp. 751-764
Author(s):  
A. V. Skorobogatov ◽  
A. I. Skorobogatova ◽  
A. V. Krasnov

Objective: to study the socio-cultural and legal nature of the corruption phenomenon in a discursive and communicative context.Methods: the methodological basis of the article is the synthesis of the discursive and communicative theory of J. Habermas and W. Krawietz’s integrative theory of legal reality, focusing on the interdisciplinary study of corruption as an interdisciplinary category, taking into account not only objective, but also subjective components. This determined the choice of research methods (comparative, hermeneutic, and discursive methods).Results: corruption as a phenomenon and the interdisciplinary category reflecting it is determined by social, cultural and psychological factors of the legal reality development. Acting as a complex legal archetype, it defines the value attitudes of consciousness and behavior of the legal communication participants, orienting them to carry out actions aimed at satisfying individual (less often group and social) interests, even if they contradict the law. Corrupt behavior is perceived by a large part of the Russian society as a model of hierarchical interaction of the legal communication subjects, the purpose of which, according to the addressee, is to increase the effectiveness of the addressee’s activities. In addition, corruption is becoming an informal means of “liberation” from the legal requirements, rigid and unfair, according to some representatives of the society. In these conditions, the success of the institutional fight against corruption can be achieved only if this fight involves not only improvement of anti-corruption legislation, but also countering shadow norms, creating a system of anti-incentives for corrupt behavior, including ideologically, through the formation of value attitudes of citizens to reject corrupt practices as unpatriotic and harmful to the rule of law and the legal culture of the society as a whole.Scientific novelty: for the first time in Russian jurisprudence, a study of the category of corruption in the communicative and discursive aspect was conducted.Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activities when considering the issues of the essence and content of the Russian legal reality, in the anti-corruption activities of state and municipal bodies, as well as in anti-corruption education.


2021 ◽  
Vol 15 (4) ◽  
pp. 743-750
Author(s):  
V. V. Astanin

Objective: to carry out a legal and dogmatic analysis of the legislative structure of the “conflict of interests” concept and its constituent categories in order to ensure the applied tasks of effective law enforcement and prevention of corruption risks determined by a conflict of interests.Methods: the dialectical approach to the cognition of socio-legal phenomena, which allows identifying the unity of opposites in the legal categories that form the conflict of interests concept; the formal-logical method of scientific cognition, presented in the legal-dogmatic analysis of legislative norms; the method of operationalization of concepts.Results: the conducted comparative legal research, expressed in a combination of methods of analysis and synthesis of legal categories aimed at obtaining comparative knowledge, allows correlating their content with respect to the “conflict of interests” concept in proportion to the goals of law enforcement. A legal and linguistic analysis of legal categories has been carried out, the totality of which forms the content of the “conflict of interests” concept. Abstract and definite norms of categories are highlighted in the context of the proof necessary to ensure their connection (presence and absence) with legal facts.Scientific novelty: the term “normative ‘tiered structure’” was introduced into the scientific circulation of legal science, which comprehensively reflects the operational definition of the complex socio-legal phenomena described in composite legal categories. The theoretically presented phenomenon of the normative “tiered structure” conflict of interest in the discreteness of its constituent concepts and dispositive legal categories causes high risks of distortion or erroneous interpretations. These risks are formed out of court, initially registered in the decisions of the conflicts of interest settlement commissions. Prevention of such risks is ensured not only by the involvement of experts who, in addition to legal knowledge and professional-industry knowledge, also have moral and ethical foundations, the bearers of which are the arbiters of precedent law enforcement.Practical significance: the main provisions of the article can be used in practical activities to provide evidence of de jure manifestations of a conflict of interests. The revealed regulatory collisions and the incomplete legal regulation of public relations in the sphere of “personal interest” require improving the anti-corruption legislation in terms of simplifying the concept used for law enforcement purposes.


2021 ◽  
Vol 15 (4) ◽  
pp. 702-712
Author(s):  
A. V. Kurnosov

Objective: to analyze the SupTech and RegTech initiatives of central banks in the context of their essential characteristics and model risks.Methods: the work used a combination of methods of dialectical, empirical, comparative and logical research.Results: SupTech and RegTech technologies are defined; problems in the legal field existing within the framework of their use and ways to solve them are shown; model risks are assessed, in particular, the risks of adverse consequences resulting from the use of inaccuracies, errors, false assumptions and incorrect settings in models.Scientific novelty: the article identifies the model risks and suggests ways to reduce them, in particular, the risks of adverse consequences resulting from the use of inaccuracies, errors, false assumptions and incorrect settings; the work shows the need for a regulatory legal acts system and offers options for interpreting the models results.Practical significance: the main provisions and conclusions of the article can be used to develop a glossary, terms and definitions of SupTech and RegTech initiatives, the regulatory mechanisms and legal framework for their functioning, as well as to develop methods to reduce risks associated with the implementation and functioning of SupTech and RegTech initiatives.


2021 ◽  
Vol 15 (4) ◽  
pp. 661-675
Author(s):  
A. I. Kadochnikova

Objective: to identify the current trends and factors of credit and savings behavior of the Russian households.Methods: graphical method, logit model, probit model, maximum likelihood method.Results: the development of digital services, the acceleration of inflation and the increase in debt burden resulting from the pandemic have changed the model of economic behavior of households. The need to analyze credit and savings behavior has become more acute in order to empirically substantiate the measures of economic, legal and financial support of households by state institutions. The analysis showed an increase in the average loan amount and the proportion of families whose members took a loan; a decrease in the proportion of families who borrowed from individuals, lent money and made savings; a sharp increase in the variation of the amount of credit and savings in 2019; a decrease in the number of commodity loans and an increase in the number of consumer and mortgage loans. A positive effect of the number of people in the household, place of residence, income, availability of a computer, laptop and high-speed Internet access in the household on the probability of attracting credit funds was found; a negative influence of the number of people in the household and place of residence (village) on the probability of savings was confirmed; the impact of having a computer and high-speed Internet access on the probability of savings in the household was not found.Scientific novelty: the article uses data from the Russian Monitoring of the economic situation and public health of the HSE University for the period from 2010 to 2019 to identify the current trends and factors of credit and savings behavior of the Russian households.Practical significance: the main conclusions of the article can be used in scientific and practical activities in the development of financial literacy programs, policies and online products to motivate and encourage credit and savings behavior and attract investment.


2021 ◽  
Vol 15 (4) ◽  
pp. 541-660
Author(s):  
V. V. Volchik ◽  
E. V. Fursa ◽  
A. I. Maskaev

Objective: to examine the influence of positive and critical narratives in the media, illustrating the problems and strengths of the Russian innovation system development, on the formation of public opinion.Methods: the methodology of narrative analysis of economics and original institutionalism is used in relation to the national innovation system.Results: with the help of narrative analysis, we analyzed 43 media outlets from Internet sources selected in accordance with the Medialogiya rating “Federal Mass Media: 2020” for the period from 01.01.2010 to 01.07.2021. A range of significant issues is highlighted which affect the innovative development, mentioned by media addressees and the Russian innovation system actors (policymakers, business, academic circles). Four types of positive narratives about the Russian innovation system are identified: 1) narratives about significant technological achievements; 2) narratives about the development of innovative infrastructure; 3) narratives that tell about the public recognition of the success of the Russian innovation system actors at professional conferences or by the state; 4) futurological narratives about prospects in the medium or long term.Scientific novelty: consists in the development of the narrative economics approach and the concept of public arenas for the analysis of the Russian innovation system with the help of mass media.Practical significance: the identified positive narratives allow studying the best practices and rules that contribute to the integration of science, government and business into a single innovation system in order to further upscale the positive experience to the entire economy. Positive narratives also contribute to the formation of a favorable innovation space and public opinion in Russia.


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