Vol 23, No 1 (2023)
Articles
The origin and development of economic hermeneutics inside Soviet Marxism and neoclassical synthesis
Abstract
Introduction. This article is an analysis of the factors of the emergence and development of economic hermeneutics. The stereotypical ideas about the total ideological unification of political economy in the USSR during the period of Soviet Marxism dominance and the ideological neutrality of neoclassical synthesis, the mainstream of Western economic science, are being critically rethought. Theoretical analysis. It is shown that Soviet political economy is a very interesting complex special case of the economic knowledge development, which was subject to specific requirements from the state apparatus (power structures). The conditions for the genesis of economic hermeneutics in the West within the framework of the neo-Austrian school of economics as a possible reaction to the dogmatism of the neoclassical mainstream are briefly considered. The general reasons for the conservatism of the scientific environment are investigated. An assumption is made about the presence of a number of similar features between Marxism and the neoclassical theory. Results. It has been established that the dominance of Marxism in the USSR and the formal neoclassical synthesis in the USA made it possible to form an environment that subsequently led to a new scientific direction – economic hermeneutics. Moreover, the process of the emergence of a new scientific direction in the depths of this conservative economic paradigm was quite natural, since economic theory is hermeneutic in nature – it seeks to interpret the meaning of outwardly simple, but vital phenomena. The materials of the article can be used to teach the history of economic thought.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):4-9
4-9
On the issue of forming a university hub in the concept of open innovation
Abstract
Introduction. A feature of Russian innovative economy development is the need to solve many problems in a limited time frame, which include the accelerated development of domestic production and the market through the introduction of innovative solutions in the context of minimizing external economic threats associated with anti-Russian sanctions from unfriendly countries. The models of innovative activity are considered and their key subjects are identified. It has been revealed that one of the effective mechanisms for achieving the set goals is to accelerate the pace of introduction of intellectual property objects into industry through the transfer of scientific research results to production. Theoretical analysis. The article discusses the place and role of universities in strengthening the innovative potential in the field of intellectual property. The analysis of existing state measures aimed at stimulating the development of innovative potential of universities was carried out. Such mechanisms of interuniversity interaction as the concept of open innovations and network university are considered. Еmpirical analysis. The indicators characterizing the patent activity of the subjects of innovation activity are determined, and the analysis of the dynamics of such indicators as the number of applications and granted patents, self-sufficiency and technological dependence on foreign sources is carried out. It is concluded that at present these indicators are characterized by recession. The results obtained require the adoption of new decisions and the activation of university science as the main subject of the “growth point” of innovative ideas and solutions. Results. The result of the study is a proposal to form a university hub based on a platform for intensifying patent activity not only in the context of university innovation, but also to attract various economic actors involved in the process of both import substitution and strengthening the country’s industrial sovereignty. An analysis was made of the ways of commercialization of intellectual property objects and the planned benefits for subjects-consumers of the university hub services. The advantages of creating a university hub are highlighted, contributing to the development of the innovation sphere and strengthening inter-university relations.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):10-19
10-19
Misseling as a modern tool of unfair sales of banking products and services in commercial banks
Abstract
Introduction. Misseling has become a problem for commercial bank customers today. Misseling can be found both in large credit institutions and small banks. Formally, this is not a violation of the law, but, in fact, misleading of the client. In fact, there is a bank fraud when selling a banking product or service. Despite the fact that this phenomenon can be found in almost any bank to varying degrees of participation, from a scientific point of view it has not yet been sufficiently studied, although recently the Bank of Russia has made an attempt to regulate this process legislatively. Theoretical analysis. The article analyzes the concept of “misseling” and its place in the technique of unfair sales of banking products and services in commercial banks. Modern types of misseling are distinguished: unfair information, related sales, opaque pricing, sale of unsuitable products, product substitution. Empirical analysis. It was revealed that the number of misseling cases in the banking sector in the analyzed period increased, one of the reasons was a significant reduction in the key rate after its high value, low level of the population’s financial literacy. Against the background of a significant decrease in complaints related to investment life insurance, there was an increase in complaints related to cumulative life insurance, as well as the number of all other complaints on various topics. Results. The directions of improvement on encountering misselling by the Bank of Russia, commercial banks and clients are formulated and described. One of these areas was the introduction of new rules for the sale of financial products by the Bank of Russia. If the Central Bank of the Russian Federation detects a violation on the part of a commercial bank, it has the right to issue an order to the financial institution to suspend the sale of the product until the problems are eliminated. In some cases, the Bank of Russia may oblige the bank to buy back from customers all products sold in violation and make a full refund.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):20-26
20-26
Statistical analysis of housing availability in Russian regions
Abstract
Introduction. Social living conditions and related problems are one of the key indicators of the level and pace of the socio-economic development of modern society. The Russians’ standard of living is constantly on the agenda of the academic community and the Government of the Russian Federation. Accordingly, the study of the state and prospects for the development of key indicators characterizing the well-being of the population is one of the main tasks of economy. Theoretical analysis. The purpose of this study is statistical analysis and identification of the socio-economic indicators influence degree on the provision of housing for the country’s population. To achieve this goal, we used such statistical tools as tabular and graphical, coefficient, grouping method and correlation-regression analysis. Empirical analysis. The methodological approach to the statistical analysis of the population’s provision with housing corresponds to three stages of statistical research and includes formation of a system of indicators, collection and processing of actual material in spatial and time sections, as well as formation of conclusions regarding the patterns of development of the phenomenon under consideration. Results. As a result of the study, the following patterns were established: despite the population’s low standard of living and periodic shock impacts on Russian economy, the level of housing provision for the population for the period 1990–2021 is continuously increasing; the highest level of housing provision is observed in the most densely populated regions of the country, which are part of the Central Federal District and the Volga Federal District; the largest influence on the variation of the population’s provision of housing is exerted by general economic indicators, namely the level of employment and the positive dynamics of the industrial production index. The results of the study can be used to make decisions regarding the improvement of the population’s standard of living in constituent entities of the Russian Federation.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):27-34
27-34
Using Multi-state Markov models to predict the probability of borrowers’ default
Abstract
Introduction. After the crises, lenders realized the importance of assessing the risk of default on loan portfolios in various economic conditions. Modeling of credit risk assessment occurs mainly using internal ratings of banks based on probabilistic models of defaults of borrowers over a certain period of time. Theoretical models. Three models are considered. The fi rst is a naive Markov model with R states. The transition matrix is given. The second is a Markov model with multiple states with covariates. Macroeconomic indicators are proposed as covariates. The third model is multinomial logit regression. Approbation of Markov models and multinomial regression on simulated and real data of borrowers’ defaults. We investigate the possibility of using multi-state Markov models to predict borrower defaults in fi nancial institutions over time. Three approaches are considered for credit risk modeling. The fi rst approach assumes that the transition probability matrix is constant over time, and the residuals of the Markov model and logistic regression are taken into account further when forecasting over the time horizon. The second one is supplemented by the Markov model, which takes into account the impact of default risks on migration, both individual factors of borrowers and the economic situation in the country. Using covariates, the models made it possible to simultaneously estimate the transition rate and the probability of erroneous classifi cation of states. A multinomial logistic regression model is considered to compare the results obtained using multi-state Markov models. The proposed models are tested both on real and simulated data. Conclusion. The presented models show good predictive results with high accuracy of default estimates. The models reproduce the structure of the generated data quite well. The peculiarity of the multinomial regression model in predicting defaults is its adjustability, and Markov models estimate the probabilities of defaults. To implement the model, software R was used.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):35-41
35-41
Financial aspects of the Saratov agglomeration development
Abstract
Introduction. The issue of financial support for the development of urban agglomerations is one of the most relevant, since the timeliness and completeness of the integration processes financing largely determine the success in achieving the goals of creating agglomerations. Of particular importance is the budgetary and tax integration of local territories included in the single agglomeration space, since the current legislation establishes significant independence of local authorities in the formation of local budgets. Theoretical analysis. The article analyzes the approaches and processes used to include new rural areas in the already established system of urban agglomeration management using the example of the creation of “Greater Saratov” as part of the Saratov urban agglomeration. Legal and economic factors hindering the development of the agglomeration are identified. The features of the unified city budget formation and the budgetary powers of rural administrations as part of the agglomeration are studied. The problems of local taxation differentiation, taking into account the differences between rural and urban areas, are considered. Discussion of results. The study of the rural and urban areas integration features into a single socio-economic system revealed the advantages and problems of creating a unified budgetary and tax system in the agglomeration. The analysis carried out made it possible to substantiate measures for the urban agglomeration development, in terms of improving taxation and the budgetary process on its territory.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):42-47
42-47
Restrictions on digital human rights to counter terrorism
Abstract
Introduction. Russian civil legislation takes into account innovations in information exchange by fixing the concept of digital rights, while giving them an exclusively private legal understanding. The modern doctrine proceeds from the fact that development of digital technologies has also significantly influenced the concept of fundamental human rights. Continuation of this vision is the emergence of digital rights in the public sphere. This actualizes the analysis of their possible limitations in order to counter terrorism. Theoretical analysis. The research reveals the consequences of the transfer of a significant amount of social relations to digital format. At the same time, while the general discourse of discussions stems from the principle of “normative equivalence” between “offline” and “online” (which does not require fundamental changes in law), the experience of the spread of digital technologies shows that it increasingly faces systemic failures. The authors indicate the difficulties with the definition of digital rights and their regulatory consolidation (by analyzing the regulations of the European Union). Empirical analysis. Based on the identified characteristics of digital communications, the paper presents the models for countering terrorist threats in modern cyberspace. The features of the legislative support of the Chinese model of the “Golden Shield”, based on the principles of digital sovereignty (in particular, the Law of the People’s Republic of China “On Data Security”), are shown. The authors highlight the features of imposing restrictions on the right to digital communication for persons suspected of involvement in terrorist activities (in particular, on the basis of the Anti-Terrorism and Border Security Act adopted in 2019 in the UK) and consider other foreign experience in countering terrorist threats in the digital sphere. Results. The necessity of taking into account the technological features of information exchange in the digital space is demonstrated. This has a significant impact on the emergence of new measures to counter terrorism. Foreign experience testifies to the expansion of the list of operational and search measures, the list of elements of crimes of a terrorist nature.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):48-59
48-59
Parliamentary control in the subjects of the Russian Federation: Problems of legal regulation and implementation practice
Abstract
Introduction. The development of the institution of parliamentary control in the Russian Federation actualizes the issues of achieving a balance of branches of government at the regional level and improving legal regulation in order to increase the effectiveness of the constitutional and legal mechanism to meet the interests and needs of residents of the respective regions. Theoretical analysis. At the present stage, there is a variety of forms of legal regulation of parliamentary control at the regional level, different legal models of its legislative regulation, characterized by certain advantages and disadvantages, are used. This determines the need to unify the conceptual and terminological apparatus of this institution, that reflects its essence and characteristic features, as well as the legislative consolidation of basic parameters, internal constitutive principles and procedures that ensure the inclusion of subjects of regional parliamentary control in the system of parliamentary control of the Russian Federation. Empirical analysis. The analysis of the legislative consolidation of procedural issues of the implementation of various forms of parliamentary control by regional parliaments indicates the conciseness of the relevant legal regulations, the planned nature of control procedures, the reproduction of the powers of the federal legislature at the regional level based on the results of verification activities with some expansion of such opportunities. The powers of a regional legislative authority based on the results of the exercised control, which are not provided for by similar norms of federal legislation on parliamentary control, can be differentiated into recommendations addressed to regional state structures, personnel decisions, initiating communications in the form of drafting a draft law of a subject of the Russian Federation, a draft federal law for its introduction by the legislative authority of a subject of the Russian Federation in the exercise of the right of legislative initiatives to the State Duma of the Federal Assembly of the Russian Federation. Results. The authors conclude that the legislation and practice of parliamentary control in the Russian regions need to be improved, which is aimed at detailing the legal regulation in this area and increasing effectiveness of its implementation. In this regard, the prospects for the adoption of the federal law “On general principles of parliamentary control in the subjects of the Russian Federation” are substantiated.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):60-71
60-71
The problematic aspects of judicial protection of the rights of owners of residential premises during relocation from unsafe housing in the Russian Federation
Abstract
One of the most relevant and at the same time problematic areas of protection of housing rights in Russia is the protection of the rights of citizens during relocation from dilapidated and unsafe housing. The resettlement from the uninhabitable housing stock is one of the most important areas of the social policy of the Russian Federation. At the same time, the process of resettlement of citizens does not always and not in all subjects of the Russian Federation proceed without conflict and in compliance with the requirements of federal legislation. The rights of citizens are often violated by local governments responsible for their resettlement, which forces them to resort to judicial and other legal protection procedures. Theoretical analysis. The introduction of amendments to the Housing Code of the Russian Federation in terms of the introduction of part 8.2 of article 32 created legal uncertainty in understanding the development of housing legal relations over time and the content of the principle of retroactive effect of the law. In practice, this has led to numerous litigations between local governments, that insist on the need for direct application of this rule, and citizens who have acquired ownership of residential premises in houses recognized as unsafe and have lost the right to receive new housing instead of uninhabitable. Empirical analysis. It was revealed that the courts of the first appeal and cassation instances, when considering the same category of cases, apply the norms of part 8.2 of article 32 of the Housing Code of the Russian Federation in different ways. In some cases, the courts took the side of local governments, defining housing relations as continuing in time, others defended the positions of citizens who appealed to the facts of acquiring housing and including them in regional departmental resettlement programs before the relevant changes to housing legislation were made. An important role in eliminating uncertainty in judicial practice was played by the Supreme Court of the Russian Federation, which, by its decision, confirmed the correctness of the positions of citizens. Results. The authors proposed the directions for improving the current housing legislation, which, according to their opinion, will ensure, among other things, the observance and protection of the rights of citizens.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):72-78
72-78
The role of legal propaganda in strengthening the ideological foundations of society
Abstract
Introduction. The development of the national legal system cannot take place in isolation from the legal ideology. In its turn, the legal ideology determines the goals of the influence of legal propaganda: the ideas-values, that are key to the influencing nature of propaganda, remain basic in the legal ideology. Despite the fact that ideas-values set the goals of the impact of legal propaganda, the effectiveness of the propaganda itself depends directly on these value ideas. Theoretical analysis. The direct influence of legal propaganda is expressed in the assimilation by the individual of those stereotypes and behavior patterns that the individual was aimed at. Indirect (mediated) influence of legal propaganda is also possible. Indirect influence can be spotted in cases where there was no targeted impact, but the result is manifested in the reinforcement of previously formed attitudes, possibly through intermediary subjects, as well as under the influence of the social environment. Any law in force is an indicator of those ideas about law that have developed in a particular society and in itself also has a law-propaganda effect. Legal propaganda is not limited to its legal component: the ideological component also includes subjective components responsible for the perception and understanding of legal behavior, whether it is the political experience of the addressee, his / her sense of justice and civic responsibility. Accordingly, there is a dependence of the effectiveness of the perception of legal propaganda on the level of legal awareness: at the level of professional legal awareness, we believe that a high level of perception of legal propaganda can be registered (depending on the source of propaganda, scientific methods, manipulative means, sensitivity to public assessments, critical comprehension, etc.). Results. An extensive system of state propaganda, including legal propaganda, ensures the formation of common value orientations in society. State propaganda is multifaceted, but it is always in line with the legal field. It is concluded that propaganda is one of those active components, means that ensure the real effectiveness of legal ideology. If the legal ideology is presented as a complex mechanism of influence for the formation of certain behavior, propaganda is the means of operation of this mechanism, both in the activities of state structures and in the work of civil society institutions. It is emphasized that since the legal ideology is always tied to the results of the legal understanding of the world, the specific impact of the legal ideology is ensured by legal propaganda.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):79-84
79-84
The legal nature of judicial reconciliation
Abstract
Introduction. The article examines the legal nature of judicial reconciliation with the participation of a judicial conciliator (hereinafter referred to as judicial reconciliation), and highlights the debatable nature of the topic under consideration. The authors state that it is necessary to disclose the legal nature of judicial reconciliation in order to clarify its place in the legal system of Russia and to identify functional links with other related institutions of substantive and procedural law. Problem statement. The article argues that the success of the introduction of the institution of judicial reconciliation into legal practice depends on the disclosure of its legal nature in the system of human rights tools and mechanisms. At the same time, the ambiguity of the term of “legal nature” itself contributes to uncertainty in this matter. It is proved that the content of the term of “legal nature” includes various signs of the phenomenon, which must be consistently disclosed in the process of cognition. The authors emphasize that the legal nature of judicial reconciliation is complex, dualistic. This is expressed in a combination of judicial (jurisdictional) and extra-judicial (non-jurisdictional, alternative) characteristics, which is clearly revealed in the dualism of the legal status of the judicial conciliator. Theoretical and empirical analysis. The analysis of the legislation shows that, on the one hand, a judicial conciliator is a former judge who has extensive practical experience in legal proceedings and a vision of the prospects for resolving the case; on the other hand, the judicial conciliator, while remaining part of the judicial system, is free from rigid conservativecorporatist judicial discipline when conducting judicial reconciliation and can, without excessive formalism and substantive resolution of the case, offer the parties mutually benefi cial reconciliation conditions, under which the legal confl ict will be resolved. Results. The authors conclude that the duality of the legal nature of judicial reconciliation is due to the convergence processes that take place in the Russian law and trends associated with the change in the confi guration of the judiciary.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):85-95
85-95
Governing relations in the structure of the mechanism of administrative legal regulation in the sphere of higher education
Abstract
Introduction. In conditions of reforming higher school, developing public relations and extending the market of educating services, the relevant governing relations acquire more complex nature, which requires the comprehensive analysis of the activity of both the bodies of executive power and education institutions in their cooperation. Theoretical analysis. The broad diversity of the theoretical approaches to the understanding of the governing relations in the sphere of higher education and legal relations at universities, and specific features of cooperation between the participants of such relations enables the author to make a number of analogies with service relations. Empirical analysis. The author revealed that the disciplinary legal relations of positive type in the sphere of higher education determine the enhancement of efficiency of the public administration in the sphere of higher education. Results. The multiplicity of administrative legal relations in the sphere of higher education causes the terminological ambiguity in certain issues of the realization of the education programs of higher education. The content of these programs are currently not determined legislatively as providing state services. The existing approach to the legal regulation of control and supervisory relations in the relevant sphere has to be reviewed.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):96-105
96-105
Precedent in Roman law: Basic terms and their semantic content
Abstract
Introduction. Until today, the prevailing opinion is that precedent did not play a significant role in the legal system of Rome. However, a number of sources, in particular the papyrus entries of judgement which record the provincial legal practice in Roman Egypt in the period from the 1st to the 3rd centuries, say otherwise. The significant role of precedent in the legal system of Rome is also evidenced with the texts of M. Tullius Cicero, M. Fabius Quinctilian, Pseudo-Asconius, G. Julius Victor. Theoretical analysis. The study of these texts makes it possible to understand what terms the Romans used to denote an authoritative judicial decision, what semantic content they put into them, and how close this content is to the modern idea of a judicial precedent. To designate a court decision that becomes a model, and which judges will be guided by when considering other cases with similar circumstances, Roman talkers use the terms res iudicata, praeiudicium, and exemplum. The precedent, in its classical sense, contains the fundamental legal provisions formulated by the judge in relation to this case, which are usually denoted by the term ratio dicendi. The question arises whether the decision of the court in Rome could establish these legal principles followed by other judges. Empirical analysis. The answer to this question can be obtained by considering the case of the so-called Fulcinian Estate. Being the representative of Caecina in this case, Cicero warns the recuperators against accepting the arguments of his opponent, Piso, based on the legal consequences of their possible decision. Thus, in this case, the judges could issue a decision containing a new legal principle, formulate a generalized legal position in relation to this case. Results. Court decisions in the legal system of Rome had the power of authority. They possessed it for a reason, due to the generalized legal reasoning or legal principles formulated by the judges in relation to the situation under consideration. That is why they became precedents. There were many such court decisions in Rome, they had sufficient authority and contained certain legal principles that judges applied when considering cases with similar circumstances.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):106-111
106-111
E-commerce using blockchain technologies
Abstract
Introduction. The article analyzes the practice of using blockchain technologies for commercial activities in the Russian Federation. Currently, in the Russian Federation, two main directions of such commerce can be distinguished: conclusion and execution of smart contracts; implementation of transactions with cryptocurrencies. Theoretical analysis. Nowadays, the Russian legislation hardly regulates the conclusion of smart contracts. However, this does not prevent entrepreneurs from using some general provisions of the Civil Code in their practical activities. As for cryptocurrencies (digital currencies), they are not currencies in the literal sense and the number of transactions with them is significantly limited by the legislator. Empirical analysis. Gaps in domestic legislation are currently being filled to some extent by court practice, primarily arbitration. In particular, the courts clearly qualify the cryptocurrency mining activity as entrepreneurial. As for investing financial resources in cryptocurrencies, it is regarded as a form of fiduciary management. Results. At this stage, it is necessary to recognise digital currencies as assets not only for certain purposes, but for a wider range of relationships. As far as smart contracts are concerned, an important problem is the problem of understanding its meaning and content by all its parties. To solve this problem, it is necessary to introduce a rule in the national civil legislation according to which a smart contract should have a text with all its terms in Russian (or in any other language acceptable to both parties).
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):112-117
112-117
The issue of free choice in favor of spiritual, cultural and legal ties of compatriots abroad with the Russian Federation
Abstract
Introduction. The current concept of “compatriot abroad” is supplemented by the condition of free choice in favor of spiritual, cultural and legal ties with the Russian Federation. The purpose of the work is to study this condition in the context of the designated concept. Theoretical analysis. The author has revealed that free choice is an action committed by a person, indicating the desire for the emergence of legal relations based on spiritual, cultural and legal ties with the state in order to be recognized as a compatriot abroad. Recognition of compatriots abroad is based on free choice as an act of self-identification, expressed in various types of activities of a person in Russia and abroad. Еmpirical analysis. The author identifies two key problems that arise in the process of recognition of a person as a compatriot abroad: the impossibility of fully realizing the legal status of a compatriot in foreign countries and the abuse of the possibility of obtaining this status in the Russian Federation. Results. The appearance of the construction of “free choice in favor of spiritual, cultural and legal ties with the Russian Federation” in the legislation on the legal status of compatriots abroad is evaluated positively. However, it requires an addition of a mandatory condition of proficiency in the Russian language.
Izvestiya of Saratov University. New Series. Series: Economics. Management. Law. 2023;23(1):118-122
118-122