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Surgut State University Journal

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No 4 (30) (2020)
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EDITORIAL

ECONOMICS

7-14 259
Abstract

The article presents the results of the analysis of the structure of the institutional environment of two Russian regions: the Khanty-Mansi Autonomous Okrug – Ugra and the Republic of Tatarstan. This analysis serves as the basis for the construction of possible scenarios for the development of the social and economic system of regions in the period after the start of the decline in oil production. The comparison of the elements of the institutional environment of the regions revealed several differences in the organization of the oil industry of the two regions. The selected regions differ in varying degrees of influence of the institutional environment characteristics on the development trajectory and the effectiveness of their social and economic systems. This research is a phase in studying the constituent elements of the institutional environment of oilproducing regions in the period after the decline in oil production to identify possible ways of evolution of the social and economic systems of these regions.

15-24 311
Abstract
The subject of the research is the process of mortgage lending in the Russian Federation. The purpose of this study is to identify the existing trends and problems in the Russian mortgage market, as well as to offer ways to solve them. The authors carried out a comprehensive analysis of the current situation in the Russian mortgage market. As a result, modern trends in mortgage lending in the Russian Federation are identified, as well as current problems requiring immediate solutions. The scientific novelty of this study lies both in the comprehensive analysis and in the effective ways proposed by the authors for solving the pressing
housing issues of the population of Russia.
25-33 632
Abstract
One of the problems of modernizing the regions’ social and economic sphere is the increase of the competitiveness among mining enterprises. This can be achieved by reducing costs, improving product quality, and ensuring industrial safety. The article describes the directions of the mining industry digitalization. The author presents as well the advantages of implementing digital technologies in the process of forming the production cost and price of finished products, associated with increasing the efficiency of the resource base, optimizing the cost of materials and equipment, improving the system for predicting production failures, monitoring the implementation of the plan. The risks of using digital technology in mining enterprises due to insufficient automation of production processes, ensuring cybersecurity and staff qualification are listed. In addition, a substantiation of the existing potential and identified threats is given. The author also describes the technologies that are used in the context of the implementation of the federal and regional digitalization program or that are planned to be used next year by the coal mining industry in the region, and the problems associated with their implementation.
34-39 757
Abstract
The article is devoted to a brief overview of the existing methods for assessing the competitiveness of commercial banks. The author describes the specifics of banking competition, which distinguishes it from the competition in financial markets. The article discusses and highlights the advantages and disadvantages of the methodology based on the multi-criteria system, the method of expert evaluation, and the practices of the Central Bank. In the course of the study, the author concludes that it is necessary to combine various methods in assessing the competitiveness of a commercial bank, depending on its strengths and weaknesses in a competitive environment.
40-48 335
Abstract
The issues of effective management of state and municipal property were updated with the adoption of the Federal Law in December 2019. This law prohibits the creation of new state and municipal unitary enterprises in the markets for goods, labor, or services that are in a competitive environment, and provides for their liquidation or reconstruction in competitive commodity markets until 2025.
The article analyzes all the weaknesses of the legal system and the common practice of unitary enterprises.The authors assume that the economic potential of this form of a business organization remains not fully realized, and with the appropriate choice of goals and methods of managing unitary enterprises, they are able to effectively
solve not only socially significant tasks, but also bring sufficient income to the budgets of different levels. It is important to note that the identified shortcomings of the system are leveled not by changing the organizational and legal form, but by clearly regulating the rights and principles of economic activity

LAW

49-60 200
Abstract
The article summarizes the unique experience of the Human Rights Commissioner in the Khanty-Mansi Autonomous Okrug – Ugra in the sphere of protection of the rights of indigenous peoples of the North. Proposals for improving the system of guarantees of rights of indigenous peoples of the North and human rights institutions, ensuring the realization of such rights, are formulated. Special attention is paid to ensuring the rights of subjects of traditional nature management in the conditions of industrial development of the North.
61-66 220
Abstract
The legislation the federal subjects of the Russian Federation requires systematization. The choice of ways to systematize the legislation differs and depends on the legal policy of regional government bodies. The regulatory and legal complexes of republics, krais, oblasts, autonomies, created in the early nineties, differ both in the subject of regulation and in the effectiveness of legal norms. The most developed legal systems for protecting the rights of indigenous peoples have been created in the Republic of Sakha (Yakutia) and the Yamalo-Nenets Autonomous Okrug. In both subjects are working on the codification of legal regulation. The choice of the appropriate method of systematization is justified both by a sufficient theoretical background and by solving practical problems of legal ideology and the implementation of the law, including increasing the efficiency of law enforcement.
67-75 387
Abstract
Today, the Constitution of the Russian Federation provides for the need to protect motherhood and childhood, which guarantees the use of particular forms of reproductive technologies, including surrogacy. However, the concept of non-interference in the sphere of the physical well-being of a woman carrying a child that is genetically alien to her is not regulated in Russian legal acts. The technology of surrogacy in volves the implementation of the impact on the surrogate mother’s body, which is associated with the placement of the genetic material of intended parents. Therefore, it is necessary to establish whether the surrogate mother can adjust the health limits of her body by resorting to artificial termination of pregnancy. The reasons that allow a surrogate mother to terminate a pregnancy on her own initiative are revealed. The author investigates the reasons for the artificial termination of pregnancy by a surrogate mother with regard to the interests’ evaluation of involved parties. The forms of behavior of intended parents, indicating neglect of the physical condition of the surrogate mother, are established. A period has been specified when the surrogate mother has the right to refuse to participate in this medical technology. The author considers the termination of pregnancy by a surrogate mother as a way of protecting her physical existence. To specify the conditions under which this manipulation is permissible, it is necessary to adjust the contents of the Federal Law “On the basics of public health protection in the Russian Federation”.
76-84 196
Abstract
In the process of preparing theatrical performances, the results of intellectual activity are created, to which, under Russian legislation, different legal regimes are applied. However, the meaning of the terms used concerning the corresponding creative results is not defined by law, which leads to confusion of concepts in law enforcement. The article considers a dramatic work, a play, and a production separate results of creative activity and the features that characterize them. The formal and logical methods and systemic analysis are used to study issues related to theater objects. A comparative analysis of the main characteristics of creative objects of theatrical activity is carried out. The author analyzes the rights recognized for the creators of the protected intellectual property and the managers of theatrical activities. The importance of determining the ownership of exclusive rights to objects created in the process of theatrical activity and the conditions for their transfer or provision is emphasized.
85-93 399
Abstract
The subject of the research is the civil nature of the agreement for oil transportation by main pipeline transport. The objectives of the study are to determine the applicable law for this agreement and to propose a definition that reflects its essential conditions and specifics. In the course of the research, both general scientific and specific scientific methods of scientific knowledge are used: analysis and synthesis, formal and logical, formal and legal, and comparative legal. The ambiguity in assessing the terms of the agreement is partly due to the peculiarities of the main pipeline, which is both a transport vehicle and a single immovable complex in the form of a linear object of the fuel and energy industry. The oil transportation agreement by main pipelines does not have special legal regulation. The Model Agreement of “Transneft” PJSC is used in real life, which is a mixed type agreement de lege lata. The conclusion of such an agreement is enshrined in paragraph 3 of Article 421 of the Civil Code of the Russian Federation.
94-101 268
Abstract
The article presents an analysis of the application by the court of blanket rules of modern legislation in the context of intersectoral interaction of law branches based on judicial practice in civil and criminal cases. Experience has shown the presence of repeated errors that are made by judges due to the lack of proper interpretation of intersectoral institutions of law. Changes in legislation commensurately affect the legal status of intersectoral institutions, while in public law this fact may contribute to the decriminalization of legal elements of offenses or crimes. The lack of consideration by the law enforcement officer of the peculiarities of the action of legal rule entails an incorrect application of substantive rights, which leads to frequent appeals and cancellations of court decisions on these grounds. The resulting legal uncertainty in law enforcement practice creates opportunities for the violation of the rights and freedoms of citizens and legal entities
102-109 248
Abstract

The author examines the change of meaning of the term “patriotism” during the formation of the USSR, after the change of authority and I. V. Stalin coming to power. Stalin’s concept of “Soviet patriotism” raises the question of “correcting” the party approach to the national question in the USSR originally proposed by V. I. Lenin. To study the issue, the author uses the methodological foundations of source studies and the “history of concepts”, which imply the search and differentiation in texts of historical sources of words and concepts that reflect changes in public consciousness occurring in a specific time, as well as the study of logical and associative relationships between these concepts. It is concluded that the right to secession in the Constitution of the USSR of 1936 was preserved exclusively as an ideological stereotype, while the objectively existing party approach to the national question was characterized by numerous restrictions of nationalities in the implementation of previously declared rights and the imposition of additional limitations.



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