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On modern civil law in Russia in the system of private law

TERRA ECONOMICUS, , Vol. 13 (no. 3),

The article covers the issues of improving the civil law of the Russian Federation and its enforcement in the modern Russian market economy. The author analyses the specifics of the Concept implementation for further development of the civil law in the sphere of entrepreneurship in the Russian Federation and protective measures if the rights of participants of entrepreneurial activity are violated. The author draws attention to the fact that some proposals on amendments to the Civil Code, affecting private as well as the public interest are deliberative in nature. It is noted that dramatic change in the substantive law did not result in timely parallel changes in the procedural forms of implementation of the legal norms. Analyzing the specifics of the civil law application in the field of economic relations, the author concludes that the absence of a clear mechanism for the protection of the subjective civil rights, even when a variety of ways such protection could take place, significantly reduces the effectiveness of the substantive law. Regarding the structure of the judicial system the author believes that the creation of a single pyramid of judiciary will stabilize the uniformity of judicial practice in the country. However, it will require streamlining the procedures and systems of building an independent branch of the judiciary. The article argues that the perspective should be the expansion of the practice of non-economic disputes by the courts – firsts of all, by the arbitral tribunal. In this respect, the Russian legal system faces the task to implement in legal practice of such alternative methods as mediation, conciliation, negotiation, preliminary estimate of a neutral party, settlement agreement, which were successfully applied in the economic and legal environment of foreign countries.

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Labour centrism as a lifestyle: limits of the labour's possibilities of people

TERRA ECONOMICUS, , Vol. 13 (no. 3),

During the history the attitude to labor has evolved: the labor has gone through the periods of contempt, worship, adoration and alienation. Where the working humankind has come at the turn of XX–XXI centuries? On the one hand, there is «the labour crisis in its classical understanding», from the other – the labourcentrism and workaholism as its consequence. Working every day, without any limits and stoppages, the beloved work, but exhausting in the pursuit of the career, enrichment, success – all this makes the situation in the labour sphere more dangerous physically and psychologically. Workaholism today is believed to be not only the negative consequence in the labour relations, but a disease. The labour stops being hard, but remains being stressful and tense enough, leads to tiredness in case of overtime work. Despite the predictions that technological development will lead to an increase of free time, the society becomes more labourcentric. Humankind suffers from the lack of free time and in the same time cannot properly use it. Inconsistency of the current situation in the field of labour shows itself in social dependency enhanced by the results of the welfare and paternalism politics. In conditions of the postindustrial labor transformation the social dependence is replaced by the danger of inactivity, with which investigators contrast labourcentrism and workaholism. What defines the contemporary attitude to labour? Why the ambivalent perception of labouris being formed, one of the pole of which is idleness and evasion of work, and other is workaholism and chronic overwork?

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Institutional trust and institutions' effectiveness in difficult straits in views of russians

TERRA ECONOMICUS, , Vol. 13 (no. 3),

Based on the data of national representative surveys carried out by RANEPA and IS RAS, article presents analysis of institutional trust and Russians’ views on effectiveness of the institutions in difficult straits. It is shown that general level of institutional trust in society remains stable, but at the rather low level. Institutions that are characterized by most trust from the population are those that act as symbols of Russian statehood, but have little influence on Russians’ actual life. Russians give quite low assessments of the institutional system’s effectiveness in addressing the challenges they face in their daily lives – only 3% to 10% of the population are sure that they can count on support from various institutions in difficult straits. As a result, in difficult situations Russians rely primarily on personal relationships and help from their social circle. It is shown that low assessments of the effectiveness of institutions in difficult situations that Russians hold are based not only on the hypothetical judgments, but also on personal experience: although the vast majority of Russians do not even try to use institutional channels in case of difficulties, even among those who do it is not always effective. It is noted that the effectiveness of the use of social capital and social institutions in difficult situations by Russians is higher when the household also possess other types of resources, including economic resources.

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On reverse processes related to post-soviet Russia development

TERRA ECONOMICUS, , Vol. 13 (no. 3),

The author makes an attempt to justify his hypothesis that Russia since the early 2000s demonstrates a quite typical for many countries undulating process of rise and fall of public interest to the different political models. In particular, there are periods of waning of interest in socialism, followed by a period of its temporary rehabilitation, restoring of interest in democracy, then a temporary retreat from it, and again short-lived interest to authoritarian forms of government. The paper focuses on the reversible fluctuations of Russian public opinion in 1990–2000s on values related to traditionalism and modernization, attitude toward the West and, particularly, ethnic identity, as the major interest of the author. This article demonstrates some features of ethno-national identity of residents of the Russian Federation (especially – of its ethnic majority) in relation to the evaluation of policies, emphasizing at the same time the typological similarity of trends of change and fluctuations of public opinion in Russia and in many other countries. Waves of ethnosociological vibrations are compared with the change in attitude of the Russians toward the ideas of socialism and to the neo-liberal political stereotypes, in perception of Russians. The author emphasizes that there is a universal wavelike process that has its own specifics in Russia, as in any other country, but there is no any «special way» interpreted by its ideologists as a mystical predetermination of the Russian authoritarianism.

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Clustering of economic space in the region in the context of forming food industry

TERRA ECONOMICUS, , Vol. 13 (no. 3),

The term «food industry», usually found in the names of exhibitions, fairs, headers printed or electronic media advertising, covering the operation of enterprises and organizations related to the agricultural sector, as well as to the food sector of the regional economy. The problem of formation and development of food industry in research projects rises extremely rare and one-sided. Deficiency of publications devoted to the development of theoretical and methodological principles of formation and development of the food industry, has caused the need for the research, intermediate results are presented in this article. The authors argue the need for inclusion in food industry not only-governmental organizations of the agricultural sector and the food industry, but also organizations in the sphere of medicine, education, health care, physical culture and sports that their joint consolidated efforts can have a positive impact on increasing the level and quality of life of our the country through creating a culture of production and consumption of food. According to United Nations estimates, the mortality rate in Russia is 13 times higher than in the United Arab Emirates and is almost two times higher than in France, Canada, the United States. The causes of death are diseases of the circulatory system (55%), cancer (15%), diseases of the digestive system (4.5%), the environment (8.7%), including alcohol poisoning (0.6%). Thus, the population of Russia is being «killed» by disorders of the heart and blood vessels, which are not only and not so much with age-related changes and hereditary factors. The risk group includes people suffering from obesity, have harmful habits (smoking, excessive alcohol consumption) who have no physical activity, leading a passive life. Industry Sale-discontent, in our opinion, should encompass all the related food production sector and perform the following functions: informative, production, distribution, publicity. By engaging in the structure of the regional members of the food sector and related sectors, the food industry should contribute to the achievement of the main objectives of regional development – improving the level and quality of life. Presented in the paper analytical data, arguments, conclusions and recommendations reveal the prospects for the formation of food industry in the region as the concentration of the region’s most competitive institutions carrying out their activities in order to provide the population with food, building a culture of food consumption and improve the quality of life of the population.

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Risk management in modern banking

TERRA ECONOMICUS, , Vol. 13 (no. 3),

The article deals with risk management, risk culture and their trends in modern banking that are based on IT development. The specificity of credit institution business leads banks to high risk exposure, usually systemic one; the banking crises being good examples. The latest global financial and economic crisis of 2008–2010 showed weak aspects both in banking regulation and monitoring and in banking management itself. Risk transformation and risk management are the key functions of banking management in general. The more precise the risk estimation is, the more adequate decision the bank managers have, the more efficient banking management would be and the less is the possibility of the bank’s bankruptcy. Traditional approaches to the analysis of a bank institution behavior are based on the principles of financial management (portfolio analysis). Unlike a trade or industrial firm, a bank is a more complicated, more closed and less transparent organizational structure. When analyzing main characteristics of inner architecture of a financial credit company, we can see a clear tendency towards a new character of a bank as a special economic actor. Before 2000s banks were treated as risk neutral market participants, but nowadays it has been put forward that banks are risk averse agents. This approach have become prevailing after global financial crisis of 2008–2009. In information technology era, the risk management system in financial institutions is closely related with the IT infrastructure, its architecture and its development. The important indicator of efficient risk management in modern banking and significant risk culture is the growing number of IT products elaborated for process of risk management that help form a good system for effective reaction on risk situations. The example of an efficient IT system in Sberbank, which is the most advanced bank in Russia, is demonstrated.

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Demographic theory of T. Malthus and economic history of the Russian empire

TERRA ECONOMICUS, , Vol. 13 (no. 3),

The article is devoted to the empirical analysis of the compliance of the ideas of neomaltusians concepts to a historical realities, which served as the basis of T. Malthus’ analysis. The authors examine the materials of the agricultural history of the Russian Empire and other historical examples and express the consideration that the theory of Malthus describes a special case of the North America. The theories of Malthus and his followers are not able to clarify the socio-economic processes in Russia of XIX – beginning of XX centuries, the authors show that the demographic history of Russia is a unique and rather complex. The authors point out a fiscal policy of the state as a central role in the changes of incomes of the population of the Russian Empire. It is fiscal policy, in their opinion, determined the process of development of rural territories of the Russian Empire. The role of the state in the economy of the Russian Empire the authors unambiguously describe as negative this policy responded for the reduce of incomes of poor and middle peasant families on the background disability of the cities to adopt waves of migrants from the countryside. Economic policy of S. Y. Vitte provoked the growth of the social gap in the Russian society. By the way, Russian peasant households demonstrated a low efficiency, this was caused by no demographic factors. The low efficiency of peasant household was the result of a strong taxation for Russian farmers, this factored the limitation of possibilities and motives of peasants to invest in agriculture. The authors consider the conflict between peasantry’s economy and economic policy named in the history the system of Vitte as one of the reason of the Revolution of 1905.

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Investments in the public sector of economy and shortage of certainty of the way of Russian's mastering of modern economic mechanisms

TERRA ECONOMICUS, , Vol. 13 (no. 3),

Over the last 15 years of the XXI century the RF government has significantly increased the volume of investments in the public sector of economy, which enabled the formation of the unprecedented number of unique infrastructure projects. At the same time the Russian economy, if we consider its public and private sectors as parts of the unitary whole, has not succeeded in responding to these government’s initiatives with corresponding changes that, for instance, could have been supported with higher indicators of its competitiveness. The article focuses on the factors influencing volume, structure, and dynamics of investments in the public sector of economy, as well as conditions for an effective mobilization and usage of investment resources in the public sector of economy. In respect to the economy of the Russian Federation causes of low investment attraction of the public sector are analyzed. The experience of world economy development shows that besides qualified personnel on the part of all the participants of the investment process, minimal necessary conditions of effective mobilization and usage of investment resources in the public sector of economy are as follows: the access on the part of the state, society and potential investors to complete and reliable information on the composition, production characteristics and quality of economic and social infrastructure in the country; the existence of legal certainty in the legislation regulating investment and other economic activities as well as confidence of investors in the state’s legal system ensuring the adherence of the state to its own rules; the existence of a developed civil society; the availability of sufficient number of competitive suppliers and contractors specializing in the production of capital goods (works, services); the presence of state’s own structures having successful experience in standardizing of challenging project management processes. At present the RF economy is in the state of deep institutional imbalance and consequently its separate subjects, whose practice of economic analysis could be effectively reproduced within the boundaries of the whole economic system, do not have real support either from the state or from the society. Through the example of а public-private partnership institute, it is shown how the shortage of certainty on the way of Russia’s mastering of modern economic mechanisms holds the efficiency of investments in the public sector of economy.

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A.I. Herzen and the theory of advanced development

TERRA ECONOMICUS, , Vol. 13 (no. 3),

The article deals with the problems of the theory of advanced development on the example of the scientific and literary heritage of A.I. Herzen. The theory of advanced development is criticized by the author. This theory was the dominant concept in the Soviet social science, and rather popular today. However, for many objective reasons today’s Russia cannot hope for advancing development. Current challenge is to overcome the negative effects of a radical reforms of the 1990s and reach the level of economic development of the world’s leading countries. The objective for the country is catch-up development, not advanced one. We also discuss the problem of the theory of social and economic alternatives, which was fashionable in the early 1990s, and has some supporters nowadays. special attention is paid to the civilizational approach, which, according to the author, denies the objective nature of economic laws and is essentially a quasi-scientific. Thus, this approach appears as opposing to the theory of development by stages and rejecting the objective nature of economic laws, equally valid for all countries and societies at similar stages of economic and social development. The conclusion is made that the stage of Russia’s capitalist development is the objective characteristic of a modern model of economic development, which, of course, has many negative consequences. Understanding of the negative character of capitalist and bourgeois relations creates the possibility of conscious control in order to minimize negative consequences. For today’s Russia it would be a rising stage of social development.

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Formal and informal employment as «twins brothers»: modern russian practice

TERRA ECONOMICUS, , Vol. 13 (no. 3),

The article investigates the development of informal employment in the Russian economy in the beginning of the XXI century. An attempt was made to identify the factors that influence on extension of informal employment, not only in the regions but also in the whole country. For this purpose of the subjects of the Russian Federation were grouped in terms of the size of informal employment. The correlations between the indicators of the level of development of the regions and the size of informal employment in each subject of the federation, as well as at the state in general were determined. These correlations are studied both in the short and in the long run. Analysis of factors influencing on the extension of informal employment in different regions of the Russian Federation and in the country as a whole in the short term, carried out on the material of 2012 year, confirmed de Soto’s idea of a compelled nature of informal employment. The further analysis showed that the relations between the studied parameters obtained in the short term, often not confirmed in the long term, and sometimes are opposite in nature. This fact became the subject of study in this article. It turned out that in conditions of the economic growth informal employment is a complementary benefit to employment in the formal (legal) economy; that informal employment is to some extent a consequence of the increase in economic well-being of the population, a consequence of the growth of the formal sector. The authors tried to find out in this article why it happens in modern Russia.

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