Vol. 20 No. 2 (2018)

Economy and the continuing turbulence of socio-economic and political development of Russia, the ‘effective' values of bureaucratic culture become a critical resource for improving the quality of management of the territory development. Since the results of the socio-economic development of the Russian Federation largely depend on the state of professional and human potential of the region's leadership, it is value management that should form the basis for the formation and development of effective regional management teams. Today value management is not only a popular scientific concept, but also a complex, multidimensional Neo-humanitarian technology, which is successfully used in modern corporations to increase their value by activating the ‘value' reserve of employees. Allowing the possibility of borrowing a number of tools of value management in relation to the system of state authority, the article presents a study of the values of regional management teams in the subjects of the Russian Federation. Using conclusions of the generations theory in relation to the characteristic of regional management teams, the author comes to the conclusion about the conflict of values between rational bureaucratic culture and ‘market' values of the 1990th within most of regional administrative groups.

In the article, state and municipal employees are considered in the context of their specific economic and professional activity, which allows authors to use the general terminology phrase ‘public servants of the Russian Federation' in the course of analysis. The authors examine the professional stratification of groups of public servants by such criteria as economic and sociocultural resources. In the first part of the article, on the basis of official statistics, the inter-professional stratification of public servants is considered. The paper concludes that the socio-professional group in the structure of modern Russian society is quite high, which is confirmed by high levels of income, education, power and public recognition. The second part is devoted to the analysis of the social status of state civil and municipal employees as part of a group of public servants - intra-professional stratification. The analysis showed that this group is significantly differentiated by such criteria as the scope of authority and income level, which are determined by belonging to the level of service, territory of location and place in the job hierarchy. Gender identity and self-identification of employees also play a significant role in intra-group differentiation.

International agreements are actively used as a means of regulating relations between countries, on the one hand, and between participants within states, on the other. The work raises the questions of the qualifications of law enforcement officers, including employees of authorities, and, also, educational standards in the sphere of interaction of international and domestic law. The ideas about the place of the International Treaty of the Russian Federation in the national legal system are being analyzed. The author's opinion on the legal science controversial problems of positioning international treaties of the Russian Federation and the norms contained in them as the sources of constitutional law is presented in the article. The author's definition of the international treaty of the Russian Federation is proposed, while the concepts of «international treaty», «source of law», «signs of the source of constitutional law», «subject of constitutional law» are discussed. Based on the results of the study of relations within the subject of the constitutional law, the classification of such treaties is made. The study considers the issue of the relationship between the Constitution of the Russian Federation and the international treaty of the Russian Federation. The author concludes that the Constitution of the Russian Federation has the highest legal force in relation to the international treaty of the Russian Federation. An exception to this general rule may be the case of the establishment of a state on the basis of the international treaty.

The article deals with topical issues related to the use of one of the existing mechanisms for ensuring the unity of the legal space - the examination of regulatory legal acts. The authors analyzed the legislation regulating the order of carrying out legal and anti - corruption examination of regulatory legal acts and drafts of normative legal acts. On the basis of statistical information and analysis of the performance of the functions of the territorial bodies of the Ministry of justice of the Russian Federation on carrying out legal and anti - corruption examination of regulatory legal acts (drafts of regulatory legal acts) the authors highlighted the typical contradictions of the Constitution of the Russian Federation and Federal legislation, as well as the most common corruption factors (wide discretionary powers; selectively modifying the scope of the rights; the absence or incompleteness of administrative procedures). After analyzing the acts in which the territorial bodies of the Ministry of Justice of the Russian Federation revealed corruption-related factors, the authors found that most of them are administrative regulations on the provision of public services, that is, the sphere where the interests of citizens, organizations and the state come into contact. The article presents the author's position towards the need for further work to improve the methodological and organizational support for expert activities.

The article considers the problems of development of the town-planning legislation of the subject of the Russian Federation on the example of the city of Moscow. The authors identified a gap in the establishment of the procedure for the adoption and recording of documentation on the planning of the territory in the conditions of development of town planning legislation and the implementation of the renovation program. The inconsistency of executive authorities in making decisions on the development of built-up areas, as well as the formation of regional programs with insufficient legal regulation at the federal level is noted. The problem of the backlog of the federal lawmaking in the context of rapidly changing legal relations in the sphere of urban development and land use is analyzed; it was suggested at every level of lawmaking to systematically approach the analysis of legal prerequisites for the formation of the new legal relations, their regulation, consideration of the regional specifics of the regulatory framework, and plan target programs taking into account the opinion of the expert community, authorities and interested stakeholders of the urban development relations on the example of the renovation program.

The article is devoted to actual issues of qualification of crimes committed by an organized group. This article is devoted to features showing that by recognizing the crime committed by the criminal and choosing the norm of the Criminal Code containing this crime, the law-enforcer gives a criminal-legal assessment and reveals its legal essence. The theoretical bases of the qualification of crimes committed by an organized group are considered in the work. The reasons for the appearance of organized crime and the most important prerequisites for its development are analyzed. Its characteristic features that are important for the qualification of crimes as committed by an organized group are highlighted and described, thus emphasizing the «type of dangerous conduct of accomplices», as well as the main difficulties in qualifying crimes. Particular attention is paid to ethnic organized crime, which represents an increased social danger due to its prevalence, the ability to generate negative social consequences, as well as constant self-determination. Based on the statistical data given in the article, there is a certain dynamics of the development of organized crime in Russia, which is expressed in the constant growth of registered crimes committed by organized groups and the number of persons, identified in organized communities since 2009. The main content of the study is the analysis of various approaches to the definition of the concept of «qualification of crimes»; the legal grounds for the classification of crimes committed by organized groups are examined.

The article is devoted to the implementation of the powers of the prosecutor in criminal proceedings, which are directly reflected in procedural decisions. The main content of the article is an analysis of the concept of procedural decisions of the prosecutor, which are an important part of the criminal procedure activity, designed to respond to the appointment of criminal proceedings in general: the protection of the rights and legitimate interests of individuals and organizations that have suffered from crimes; protection of a person from an unlawful and unfounded charge, conviction, restriction of its rights and freedoms. The constant change in the powers of the prosecutor, including in the sphere of criminal proceedings, becomes the subject of discussions about the nature of both the powers themselves and their external expression in the form of decisions, their place in the system of legal means of the prosecutor, as well as to what types of response acts prosecutor attribute them, which only emphasizes the relevance of the issue under consideration. The decisions of the prosecutor in criminal proceedings fall into the category of criminal procedural decisions, which are predetermined by his functions in the criminal process. In attempting to determine the essence of the decisions of the prosecutor, in this article, taking into account the legal and linguistic analysis, the idea that the decision is an act of the realization of the granted rights and the performance of the assigned duties of an official is substantiated. Being accepted by one person (for example, by the prosecutor), it obliges other persons (for example, the inquirer) to take certain actions or grants the right to appeal this decision, thereby suspending its execution. The decisions taken by the prosecutor in pre-trial proceedings include not only the acts of the prosecutor's response indicated in the Federal Law “On the Prosecutor's Office of the Russian Federation”, as well as those arising directly of the norms of the Code of Criminal Procedure.

In the article the authors consider the reasons for the emergence of such phenomenon as ‘digital economy' and describe the features of its study and application in modern Russia, when it is imperative for the country to take a leading position in the global economy, to achieve accelerated rates of economic development, to increase productivity, to form new industries to achieve sustainable growth. The relevance of the work is due to the fact that the program ‘Digital economy', approved by the government of the Russian Federation on July 28, 2017 goes to a new stage of its implementation, when it should become the most important engine of innovation, competitiveness and economic recovery. Special attention is paid to the issues of strengthening the role of the state and improving its policy in the field of regulation of innovation processes at the national level and further participation in the formation of the national innovation system. The issues arising during the creation of the ‘innovative elevator' and the prospects for its subsequent development are explored. The necessity of taking priority measures in the field of state regulation of the national innovation system is emphasized. The problems accumulated in the Development Institutions lead to a decrease in the efficiency of the system as a whole. In the short term, one of the main tasks is the implementation of measures to establish the work of the system itself. It is necessary to eliminate the disproportion that has arisen in the system of costs aimed at the development of the national innovation system.

Since 2016, there have been disputes over the legal regime of ‘digital currencies', or crypto-currencies. This problem is related to a large number of issues. For the first time in many years, we have an object of special kind of law, sui generis, which, on the one hand, does not correspond to the existing system of civil rights objects, and, on the other hand, requires a settlement. This article describes three of its key points. First, it is a question of competition between state institutions and technological algorithms; second, the relationship between legal regulation and the structure of decentralized networks based on consensus; thirdly, it is a problem of smart contracts. All three issues are directly related to the political and legal tasks facing the state and society in the sphere of regulation of the crypto-currency. The crisis of legal regulation of the Internet is connected with inefficiency of traditional methods of legal impact applied to information relations. This crisis is connected with the inflexible state policy in terms of adapting its own functions in connection with the changed realities. Smart contracts, studied in the article, also represent a threat to the traditional function of the state - enforcement of contracts. Modern challenges lead to a change in the methods of legal regulation and the emergence of new branches of law.

The quality of modern health care depends on a large number of factors. For healthcare providers and regulators, it is important to accurately understand the true significance of each of them. The paper compares the countries-geographical neighbors to assess the degree of influence on the level of health of the following factors: the total national wealth, climatic, historical and cultural characteristics of the country, the economic situation. On the tested international data, trends are constructed for changing the duration of the overall and healthy life of the population, depending on the country and region, and their numerical analysis has been carried out. The results of the research show that in the modern world, the amount of finance spent for health care and comfortable geoclimatic conditions are becoming less significant compared to the rationality of system organization and technology. A comparison of Russia and a number of other countries in terms of health resources shows that improving the quality of health care for our country is possible due to the improvement of its system organization. The results of the analysis of selected triples of countries confirm the hypothesis that geographical, climatic and cultural factors are less significant than the efficiency of the structural organization and the technological level of the health care system. At the same time, even not very rich countries, which pay considerable attention to the system organization of health care, demonstrate good indicators on the integrated criteria: the duration of a common and healthy life.

The use of water biological resources is based on the principle of payment. The fee charged to the income of the state should be redistributed to ensure public spending in the areas of social policy, monitoring of water biological resources, scientific research, protection and reproduction of water biological resources. The current method of collecting fees for the use of aquatic biological resources is outdated, does not meet today's realities and requires changes. The amount of payment determined in accordance with the existing procedure does not reflect the net value of the resources at the time of payment. The aim of the study is to develop a new approach to determining fair fees for the use of water biological resources. On the basis of the structural and functional method of the research the author studied the structure, as well as the elements and functional characteristics of the current practice of calculating fees for the use of water biological resources. Taking into account the existing possibilities of interaction of subjects of the considered process, the concept of determination of size of collecting for use of objects of water biological resources is offered as a possible option. The proposed concept is based on an efficient approach of economic evaluation of the resource, taking into account the current situation on the market. In addition, the proposed concept provides for a number of benefits for users of aquatic biological resources, whose activities contribute to the development of Russian fish production, industrial safety, growth in consumption of high-quality protein products by the population, development and support of remote coastal areas.

The article makes an attempt to understand approaches to change management using the example of a particular general education school, taking into account the new challenges associated with preparing the younger generation for life in a creative economy. The author solves the problem of developing methods and tools that allow improving the quality of the educational process by combining the introduction of necessary innovations dictated by time, taking into account the interests of the child's psychological and physical health. Despite the apparent impossibility of this task, the author of the article together with the governing Board, administration and staff of the Moscow school No. 2030 set a goal to create a new, effective change management mechanism based on a specific school, which allows finding the best balance by goals, results, resources and time budget. As a ‘pilot' (‘experimental' - in quotes, since, according to the current legislation, conducting experiments in education is possible only by a decision of the Government of the Russian Federation), a school has been chosen in which the author has recently been chairman of the Governing Council. The governing board of the school is established and operates on the basis of the statute of a school. The Statute itself is developed on the basis of the methodological recommendations of the Department of Education of the city of Moscow and fully complies with the current legislation. Statutory rights and duties of the Council, the authority of its members can be an additional resource for the successful implementation of the plan.

The ways of development of learning organizations are considered in the article. The article shows that such organizations use a variety of forms of staff development: individual and group, traditional and in the process of activity, as well as training, consulting, coaching, mentoring, rotation. Organizations that do not want to learn and do not take into account changes in the environment, according to the authors, can not succeed. Maintaining continuous online learning is one of the main factors of a strong competitive position in the market today. The authors show that in the learning organization the significance of the employee is determined by his/her skills and abilities, while in traditional companies the main criterion is his position. In learning organizations, employees make their own decisions about their work areas, whereas in traditional organizations they are mostly executors. In learning organizations, the norms and rules that employees of these organizations adhere are changeable, in the best of these organizations the loyalty and trust to the company are cultivated. There is often the ossification of internal processes and structures in the traditional organizations. The article suggests recommendations for the development of the organization as a learning one, with the use of values management approaches.

Market transformations in Russia have led to the formation and development of new types and spheres of economic activity, new markets, and new types of services. The most dynamically developing markets in modern Russia are the market for medical services and the pharmaceutical market. The huge potential of medical and pharmaceutical markets in Russia attracts more and more new economic agents to them, including dishonest ones, which cannot be ignored by the legislation and law enforcement. In connection with the abovementioned, over the last decade, an active process has been underway to formulate and develop legislation that regulates the issues of protecting citizens' health, public health, circulation of medicaments and other health products. The abovementioned causes the need for proper legal support for the activities of economic entities in these markets, as well as for health sector management. Without organizing the legal work in the field of “medicine and pharmaceuticals” in modern conditions, it is impossible to level out emerging legal risks in these markets, effectively manage business, regulate these markets at supranational, national and regional levels. In connection with everything mentioned above, today there is an urgent need for training lawyers who are capable of solving problems connected with medical and pharmaceutical markets. The article describes the current situation in Russian higher education institutions regarding these directions of legal training. The author notes that in a number of foreign countries (first of all, in those where medicine and pharmaceuticals, medical and pharmaceutical science gained strong development) the terms ‘medical law' and ‘pharmaceutical law' are long-established.

The appearance of the Euro has greatly simplified the life of a person traveling from one European country to another. The Euro replaced the different currencies in nineteen countries. However, the creation of a pan-European currency is not only a change in the bank note paper used to buy goods; it also implied the creation of a European Central Bank, one for the entire Eurozone. When several countries unite into a single currency Union, each of them gives up control over its interest rate. As they begin to use the same currency, the exchange rate is abolished and there is therefore no way of adjusting their exchange rates to make their products cheaper and more attractive. There is strong evidence that the Euro has failed in its task of bringing Europe to prosperity, and the reasons why it did so are explained. Europe, according to the author, made an obvious mistake, considering that the best way to an integrated continent lies through the monetary Union of the participating countries. The author concludes that the Eurozone and the Euro, both politically and in economic terms needs to be radically reformed with the aim of preserving the structure of the European project. In this situation, it is necessary not only to reconfigure most of The European currency agreements, but also, perhaps, to completely abandon the use of a single currency.

The formation of the megaproject ‘Big Eurasia' and its correlation with the Chinese initiative of the New Silk Road are considered. The evaluation of the achieved level of Russian-Chinese cooperation in the transport and logistics area is given. Particular emphasis is placed on the role of the Shanghai Cooperation Organization as a possible link between the ‘Chinese initiative' and the Eurasian Economic Union. The author points out that the following aspect remains fundamentally unclear in the meaning of ‘Greater Eurasia' - to what extent China is interested in cooperation with Russia in the implementation of Plans for the project ‘One belt and one road', and Russia - in cooperation with China. In addition, several other questions are important: which place in the new Chinese-Russian initiatives can belong to 1) the Eurasian Economic Union, 2) Central Asia in general, and 3) the Shanghai Cooperation Organization. Moscow promoted and promotes the Eurasian Economic Union for these purposes, Beijing is the Shanghai Cooperation Organization, where the positions of the PRC are exceptionally strong and where Pakistan joined, thereby enhancing Beijing's attraction among the possible corridors of the New Silk Road. The principal position of the Russian Federation is that the SCO should continue to adhere to its original mission to ensure cooperation in the military-political field, while the PRC explicitly strives to give the organization an economic dimension, making it the basis for a free trade zone.

Today, business representatives in Russia face difficulties in assessing the effectiveness of corporate social activities. Public non-financial reporting is usually too voluminous and difficult to understand. To simplify the assessment process, the article suggests a system of basic indicators of the effectiveness of social business activities. Indicators from well-known social reporting systems were selected and revised, and a number of new quantitative and qualitative indicators were proposed, which were most briefly and understandably for the entire spectrum of stakeholders to illustrate the business performance in the sphere of corporate social responsibility. International accounting standards offer a wide range of indicators, which, although effective, are not sufficient for a full evaluation of the social performance of a business for society, and their excessive number makes it difficult to ‘read' these indicators for all stakeholders. In addition to evaluating economic, social and environmental performance, the system of indicators is focused on solving one of the main reasons for the lagging development of corporate social responsibility in Russia: insufficient attention of mass media and the public to social initiatives of business. The author states: external stakeholders are not inclined to trust the value judgements presented in corporate information materials. Therefore, business needs to form additional information materials on corporate social responsibility in order to promote its social activities.

The article analyzes the legislative and control activities of the legislative (representative) bodies of state power of the Federal and regional levels. The main features of interaction between parliamentarians and public authorities, of which they are members, as well as forms and methods of interaction between the chambers of the Federal Assembly of the Russian Federation, are investigated; the most effective and efficient of them are identified. Deputies of the State Duma, legislative (representative) bodies of state power of subjects of the Federation, members of the Council of the Federation in the process of realization of the rights and powers assigned to them in normative legal acts of constituent nature and laws, interact with the relevant bodies of state power. Only in such interaction (joint activity) it is possible to implement the status of parliamentarians, as well as the legislative and control functions of the chambers of the Parliament of the Russian Federation, legislative (representative) bodies of state power of the Russian Federation subjects. In the article the reasons of insufficient efficiency of the corresponding directions of interaction are revealed, ways of their elimination are offered. It is proposed to consolidate in the regulatory acts of legislative (representative) bodies of state power the rights of their committees and working groups to attract scientists, specialists of Executive authorities, organize parliamentary hearings and initiate public discussions in the development of bills; determine in the regulatory acts of legislative (representative) bodies the concept, objectives, principles of the organization of conciliation in the legislative process.