Russian Journal of Economics and Law最新文献

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Does an enquiry for socialistic changes exist in Russia? 俄国存在社会主义变革的问题吗?
Russian Journal of Economics and Law Pub Date : 2022-03-18 DOI: 10.21202/2782-2923.2022.1.202-218
Yury V. Latov
{"title":"Does an enquiry for socialistic changes exist in Russia?","authors":"Yury V. Latov","doi":"10.21202/2782-2923.2022.1.202-218","DOIUrl":"https://doi.org/10.21202/2782-2923.2022.1.202-218","url":null,"abstract":"Objective: to study the problem of the request for change from the viewpoint of answering the question whether there is a reactionary desire of the least modernized strata of Russians to “return to the USSR”, completely abandoning the results of the “liberal revolution” of the 1990s.Methods: to answer the question whether there is a request for the restoration of the “Soviet socialism” in modern Russia, the materials of the all-Russian sociological surveys on a representative sample (mainly the pre-COVID survey of 2019), organized by the Institute of Sociology of the FCTAS RAS, are analyzed.Results: it is proved that, although the popularity of more authoritarian models of the state has been growing among the Russians in the last decade, at the same time, there is an active “habituation” to private property institutions and entrepreneurship. It is concluded that at present the main object of protest sentiments is not the exploitation of labor by capital, but bureaucratic corruption. This means that the high “demand for change” is objectively connected with the mass desire not to “return to the USSR”, but to complete the dismantling of quasi-socialist (political) institutions, which began in the 1990s, but then interrupted and partially canceled.Scientific novelty: based on the original databases of all-Russian surveys, non-trivial conclusions were drawn about the direction of the “request for change”, which controvert with the statement popular in the recent years about the request for the USSR restoration.Practical significance: understanding the direction of the mass request for change makes it possible, without waiting for a social explosion, to plan in advance those socio-economic reforms that best meet the requirements of the Russian citizens.","PeriodicalId":284471,"journal":{"name":"Russian Journal of Economics and Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114884684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Characteristics of the spatial development of innovations in legislative acts of siberian macroregions 西伯利亚大区立法行为创新的空间发展特征
Russian Journal of Economics and Law Pub Date : 2022-03-18 DOI: 10.21202/2782-2923.2022.1.79-93
Y. Kuznetsova
{"title":"Characteristics of the spatial development of innovations in legislative acts of siberian macroregions","authors":"Y. Kuznetsova","doi":"10.21202/2782-2923.2022.1.79-93","DOIUrl":"https://doi.org/10.21202/2782-2923.2022.1.79-93","url":null,"abstract":"Objective: to assess the level of inclusion of the innovation space characteristics into the legislative acts on innovation activity in the macroregions of Siberia.Methods: a spatial approach, which allowed considering the innovative development of a macroregion through the characteristics of length, connectivity, density, and uniformity; a synchronous method, which made it possible to compare legislative documents in the macroregions of Siberia by the representation of spatial characteristics in them; a qualitative content analysis, used to identify words and phrases characterizing the spatial development of innovations in the texts of legislative documents on innovation activity.Results: the paper revealed the increased attention of foreign and Russian scientists to the search for ways of improving the effectiveness of legislative regulation of innovation activity. It was determined that the regional legislative acts of the macroregions of Siberia (Ural-Siberian and South-Siberian macroregions) regulating innovation policy do not actually reflect the characteristics of the innovation space (such characteristics as interaction, cooperation, communication, and partnership are highlighted). In less than half of the analyzed documents, there are no characteristics of spatial development of innovations, in a third – interterritorial cooperation is mentioned as a characteristic of spatial development. In the studied documents, the predominant form of cooperation and interaction is the formation of clusters and the coordinated development of science, innovation, production, and education.Scientific novelty: for the first time, the article evaluates the representation of spatial characteristics of innovation development in the relevant legislative acts of the macroregions of Russia. It is shown that the territories of macroregions should have denser, more intensive links in the development of innovations in order to meet their intended purpose. The author suggests improving the legislative regulation of innovation activity by including the requirement for regions to develop intersectoral and interterritorial interaction.Practical significance: the analysis of legislative acts presented in the article in the field of innovation support and innovation development from the viewpoint of the spatial approach can be useful for correcting the existing and developing the new approaches to spatial and innovative development of macroregions of Russia. The research results are intended for public authorities involved in the formation of the innovation policy of the regions.","PeriodicalId":284471,"journal":{"name":"Russian Journal of Economics and Law","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125132321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Model risks in the financial sphere under the conditions of the use of artificial intelligence and machine learning 在使用人工智能和机器学习的条件下对金融领域的风险进行建模
Russian Journal of Economics and Law Pub Date : 2022-03-18 DOI: 10.21202/2782-2923.2022.1.40-50
I. L. Kirilyuk
{"title":"Model risks in the financial sphere under the conditions of the use of artificial intelligence and machine learning","authors":"I. L. Kirilyuk","doi":"10.21202/2782-2923.2022.1.40-50","DOIUrl":"https://doi.org/10.21202/2782-2923.2022.1.40-50","url":null,"abstract":"Objective: within the framework of RegTech and SupTech technologies, to assess the transformation of model risks and ways to minimize them under the increasing use of artificial intelligence methods.Methods: a systematic approach to the analysis of the quality of economic models. Historical, logical, and statistical methods of research.Results: the Russian and foreign experience of accounting for model risks in the financial industry is considered. Theoretical and practical works on the regulation and management of model risks in the activities of financial sector organizations are studied. The role of machine learning and artificial intelligence technologies in solving the modern problems in the functioning and regulation of financial organizations is determined. The key model risks are considered, as well as the directions of changing their specifics as a result of the artificial intelligence technologies development, primarily machine learning, and increasing the capabilities for storage and transmission of a large amount of data. The main methods of data processing and model construction are considered, as well as their advantages in terms of reducing model risks. It is determined that the reduction of model risks using RegTech and SupTech technologies is possible due to the development of artificial intelligence technologies, which will require, among other things, the elaboration of the appropriate legal field.Scientific novelty: the unique feature of the article is a comprehensive consideration of the problem of model risks in the finance industry and of the impact of artificial intelligence technologies on them in mathematical, legal, economic aspects, as well as the description of the situation in this area both abroad and in Russia.Practical significance: the information presented in the article can be used by regulatory authorities and commercial banks in the tasks related to minimizing specific model risks in their activities.","PeriodicalId":284471,"journal":{"name":"Russian Journal of Economics and Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116623273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Role of cinematography in anticorruption enlightenment: global experience 电影摄影在反腐启蒙中的作用:全球经验
Russian Journal of Economics and Law Pub Date : 2022-03-18 DOI: 10.21202/2782-2923.2022.1.122-135
A. L. Melnikova, A. S. Mitsul
{"title":"Role of cinematography in anticorruption enlightenment: global experience","authors":"A. L. Melnikova, A. S. Mitsul","doi":"10.21202/2782-2923.2022.1.122-135","DOIUrl":"https://doi.org/10.21202/2782-2923.2022.1.122-135","url":null,"abstract":"Objective: to conduct a comprehensive interdisciplinary legal study of the role of cinematography in anti-corruption enlightenment of citizens.Methods: a structural and functional approach to the interpretation of society as a connection of subsystems, in which cinematography is a part of the cultural subsystem, while anti-corruption policy refers simultaneously to the public subsystem (enlightenment) and the state subsystem (politics). The chosen approach determines a set of specific research methods, such as a critical analysis of theoretical literature on corruption behavior and on the relationship between a viewer and a cinematography product in conjunction with an empirical study of various cases in the form of films and film projects devoted to anti-corruption topics.Results: the analysis of the mechanisms of building the relationships between a viewer and cinematography allowed identifying the possibilities of cinematography to have a long-term impact on a viewer, due not only to the technical capabilities of cinematography, but also to the psychobiological mechanisms of man. By the example of specific projects, the expediency of using cinema as an anti-corruption enlightenment tool was proved and justified. In particular, if the relevant messages are laid in the plot of a feature film, then, thanks to mirror neurons and human thinking mechanisms, they can serve educational purposes and demonstrate the consequences of corrupt behavior. It is important not to intimidate the audience with the horrors of living with corruption, but to show a positive way out and scenarios of living without it. This can lead to an increase in civic engagement, to an increase in interest in the issue under discussion, as well as to an increase in ratings of trust in the state.Scientific novelty: the article proves the inexpediency of evaluating cinema solely as a form of entertainment, and for the first time examines examples of the practical application of cinema for anti-corruption policy and enlightenment by comparing approaches used in different countries.Practical significance: the main conclusions of the article can be used in scientific, pedagogical and practical activities when developing long-term strategies and programs of anti-corruption enlightenment, as well as in the framework of cinematographic activities to assess the long-term consequences of the demonstrated film narrative.","PeriodicalId":284471,"journal":{"name":"Russian Journal of Economics and Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128135553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Extending democracy to corporate governance and beyond: a theory of popular economic sovereignty 将民主扩展到公司治理及其他领域:一种关于人民经济主权的理论
Russian Journal of Economics and Law Pub Date : 2022-03-18 DOI: 10.21202/2782-2923.2022.1.176-201
E. Rubin
{"title":"Extending democracy to corporate governance and beyond: a theory of popular economic sovereignty","authors":"E. Rubin","doi":"10.21202/2782-2923.2022.1.176-201","DOIUrl":"https://doi.org/10.21202/2782-2923.2022.1.176-201","url":null,"abstract":"Objective: to carry out a comprehensive analysis of the impact of democratic governance principles in a state on corporate governance.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical and sociological.Results: the article proposes a different rationale for corporate democracy based on an equivalence, not an analogy. The equivalence is that subordination feels essentially the same to an individual whether a public or a private entity carries it out. In the political system, democracy counteracts subordination by giving everyone political autonomy, an independent voice in controlling the power structure. By the same reasoning, those who work for a living should arguably control the institutions for which they work. Thus, the norms of democracy, when translated into the economic realm, yield the principle that people should not work for their livelihood on terms another person establishes. This can be called the principle of popular economic sovereignty.Scientific novelty: for the first time, the work makes a conclusion that the modern understanding of both the state and the corporation developed from medieval corporativist thinking. This same mode of thought generated the idea of representation that enabled individuals who were not leaders of a structured hierarchy to participate in state decisions, certainly one of the great insights of Western political thought. Representation became the mechanism by which democratic government was instituted. As democracy developed, the scope of representation expanded to include all competent adults. This same expanded concept of representation can be extended to employment relations and would serve the same purposes as it serves in the political arena – individual autonomy and opposition to oppression. Corporations would be controlled by boards elected by the workers; small employers and individuals would be required to hire employees from labor exchanges run by the workers who are being provided. This proposal, although it sounds radical and impractical, could rather easily be implemented for both major corporations and all other employment relationships as well, and might well be more economically efficient than current modes of economic organization, as well as being more fair to the workers.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 theory of popular economic sovereignty.","PeriodicalId":284471,"journal":{"name":"Russian Journal of Economics and Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117024992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Changing the paradigm of the economic science under innovative development 创新发展下经济科学范式的转变
Russian Journal of Economics and Law Pub Date : 2022-03-18 DOI: 10.21202/2782-2923.2022.1.26-39
T. Petrenko
{"title":"Changing the paradigm of the economic science under innovative development","authors":"T. Petrenko","doi":"10.21202/2782-2923.2022.1.26-39","DOIUrl":"https://doi.org/10.21202/2782-2923.2022.1.26-39","url":null,"abstract":"Objective: to analyze the evolution of the economic science paradigm aimed at forming a system paradigm that allows changing the style of scientific thinking, generating system solutions, in particular, in the field of transformation of labor potential relative to the demands of the digital economy.Methods: the main method of research is the method of unity of the historical and the logical in relation to the evolution of the economic system, scientific views and principles that characterize it, as well as the principle of methodological system, which allows forming an idea of the modern economic system as a multidimensional object.Results: the article briefly examines the evolutionary stages of the economics paradigm; it is revealed that innovative development as an objective process of changing the environment causes the modernization of key subsystems, actualizing the application of a system paradigm that allows linking and presenting an adequate interpretation of emerging facts, events, and phenomena characteristic of the modern realities of the digital economy. The need to expand the innovative potential of labor resources, observed at all stages of the reproduction process, rethinking of the role of labor and its main components puts forward the requirements for its qualitative modernization. The symbiosis of labor relations with cultural, mental and other subsystems, forming the foundations of labor consciousness and the construction of labor behavior, is considered to be an essential argument for expanding research based on a systematic approach. In this regard, scientific and applied developments aimed at the formation of mobile institutional mechanisms and structures, like institutional interaction centers focused on the development of labor potential and its harmonious improvement, enable to expand the range of the used mechanisms, setting them a vector that meets the needs of society.Scientific novelty: based on a systematic approach, a characteristic of new institutional structures is proposed, which is related to social partnership and allows solving the problem of adaptation of labor potential to the demands of the digital economy.Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activities for the formation of institutional centers of interaction.","PeriodicalId":284471,"journal":{"name":"Russian Journal of Economics and Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125700310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Legal bases for prosecution of medical staff for illegal acts during the soviet and post-soviet periods 苏联和后苏联时期起诉医务人员非法行为的法律依据
Russian Journal of Economics and Law Pub Date : 2022-03-18 DOI: 10.21202/2782-2923.2022.1.94-105
V. Lazarev
{"title":"Legal bases for prosecution of medical staff for illegal acts during the soviet and post-soviet periods","authors":"V. Lazarev","doi":"10.21202/2782-2923.2022.1.94-105","DOIUrl":"https://doi.org/10.21202/2782-2923.2022.1.94-105","url":null,"abstract":"Objective: to study the methodology of constructivism in the constitutional arrangement of the state and society.Methods: dialectical approach to the cognition of social phenomena, which determined the choice of the following research methods: formal-logical, comparative-legal, sociological.Results: construction is a structure, mutual arrangement of the parts of something. Law is a systemic product, therefore constructivism is inherently and organically present in law in any of its known forms. The possibilities of constructivism manifest themselves especially vividly in legislation and make themselves felt the more abstractly, the more generally the will of the state is expressed. It is this feature that is characteristic for constitutional texts. The Constitution, as a written document, has all the signs and properties of a social structure. First, it is the product of rational activity of people pursuing well-defined goals. Second, it has a certain structure characterized by “constructionality”. Third, being a reflection and consolidation of the actual material, cultural and legal level, it enables to see not only the possibilities of cognition and interpretation of the will of power enshrined in it, but also the prospects for the effective use of relevant norms and institutions. Fourth, technically building the normative material and the system of mutual relations of the subjects of constitutional and legal communication, the Constitution is the optimal construction at the time of creation of their balanced rights, duties, and responsibilities. Moreover, while at the time of the birth of constitutions limiting state power was considered the primary task, the modern realities show the need for such restrictions in relation to citizens and civil associations.Scientific novelty: the paper substantiates the conclusion that a constructive approach organizes the cognition of the ongoing constitutional reforms in the direction of identifying the functional capabilities inherent in the Constitution of the Russian Federation, and in practical terms enables to most optimally – clearly, economically, systematically – implement the will of the state (sovereign people’s will) in all areas of social development.Practical significance: the conclusions and provisions of the article can be used in scientific, legislative and law enforcement activities, the educational process of educational institutions of higher education.","PeriodicalId":284471,"journal":{"name":"Russian Journal of Economics and Law","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115950599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Keynes trilemma from the viewpoint of Kleiner tetrad under the cataclysms in the society 凯恩斯的三难困境从克莱纳的观点出发,分析了社会大灾难下的四难困境
Russian Journal of Economics and Law Pub Date : 2022-03-16 DOI: 10.21202/2782-2923.2022.1.5-25
A. Nikonova
{"title":"Keynes trilemma from the viewpoint of Kleiner tetrad under the cataclysms in the society","authors":"A. Nikonova","doi":"10.21202/2782-2923.2022.1.5-25","DOIUrl":"https://doi.org/10.21202/2782-2923.2022.1.5-25","url":null,"abstract":"Objective: to study the relations of a pair of the social system sectors in G. B. Kleyner’s tetrad, the state and the society, in different situations; to confirm the hypothesis about the difference in the society’s demands and the state’s response to environmental change, including the current crisis; to investigate the factors and possible ways to balance the interactions of the pair of sectors.Methods: the trilemma of J. M. Keynes is studied in the application to the internal policy of the state from the standpoint of the systemic economic paradigm developed at the CEMI RAS under the supervision of G. B. Kleyner.Results: using the tetrad model, the conditions for balanced interactions between the state and society are identified in the interpretation of the Keynes trilemma from the standpoint of welfare, freedoms, and justice. Based on the spatial-temporal analysis, Keynes’ hypothesis of the incompatibility of these goals simultaneously in the state policy is confirmed. The importance of adaptive policy is growing in a period of instability, when the structure of people’s requests is changing: the need for freedom becomes less relevant than the request for protection and quality of life.Scientific novelty: based on the idea of the cyclical nature of the interaction between the state and society in the course of social development, patterns of sporadic occurrence and reproduction of threats to society in the absence of a reactive response to changes in the requests of agents during the exchange of resources in the macro-system are established. The key factors include the immanent basic conditions and foundations of human existence, which are the root cause of the shifting balance in the dynamics of relations (the balance of expectations of society and state policy), depending on how these needs are met. The hypothesis of a close connection of these driving factors with the critical signs of social relations in the existing model of the economy of the Russian Federation and other countries is empirically confirmed. The expansion of knowledge of the relationship between the structural and functional characteristics of the macro-system contributes to the solution of the central task of systems research.Practical significance: the results revealed the prerequisites for the shifting of the public policy accents under the modern cataclysms. The joint use of the Keynes trilemma and Kleyner’s tetrad in such a research perspective can contribute to the formation of a synthetic approach to the analysis and modeling of mutual expectations of the key agents, the coordination of requests, and the development of divergent policies that contribute to the system harmonization.","PeriodicalId":284471,"journal":{"name":"Russian Journal of Economics and Law","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132182646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Review of the monograph “O. Yu. Dyagel. Analytical procedures of anticrisis management: monograph. Krasnoyarsk: Sibirial Federal University, 2020. 268 p.”. 专著《O。余。Dyagel。抗危机管理的分析程序:专著。克拉斯诺亚尔斯克:西伯利亚联邦大学,2020年。268便士。”。
Russian Journal of Economics and Law Pub Date : 2021-12-18 DOI: 10.21202/2782-2923.2021.4.851-858
D. V. Manushin, T. Kramin
{"title":"Review of the monograph “O. Yu. Dyagel. Analytical procedures of anticrisis management: monograph. Krasnoyarsk: Sibirial Federal University, 2020. 268 p.”.","authors":"D. V. Manushin, T. Kramin","doi":"10.21202/2782-2923.2021.4.851-858","DOIUrl":"https://doi.org/10.21202/2782-2923.2021.4.851-858","url":null,"abstract":"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.","PeriodicalId":284471,"journal":{"name":"Russian Journal of Economics and Law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126112359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Conflict of interest: dialectics of a normative “tiered structure” 利益冲突:规范“分层结构”的辩证法
Russian Journal of Economics and Law Pub Date : 2021-12-17 DOI: 10.21202/2782-2923.2021.4.743-750
V. V. Astanin
{"title":"Conflict of interest: dialectics of a normative “tiered structure”","authors":"V. V. Astanin","doi":"10.21202/2782-2923.2021.4.743-750","DOIUrl":"https://doi.org/10.21202/2782-2923.2021.4.743-750","url":null,"abstract":"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.","PeriodicalId":284471,"journal":{"name":"Russian Journal of Economics and Law","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114899405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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