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Surgut State University Journal

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No 3 (33) (2021)
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EDITORIAL

ECONOMICS

6-18 238
Abstract

The purpose of the study is to assess the bonds of subjects of the Russian Federation as a market instrument of borrowings. The object of the study is factors that identify trends to develop a market part of the public debt of subjects of the Russian Federation. The objectives of the study are the following: to analyze preconditions for reduction of the market instruments role in the public debt management of subjects of the Russian Federation, to compare development trends of subfederal debt of the Russian Federation with international practice and to establish prospects of further use of the regional bonds. As a result of the comparative analysis of the public debt of subjects of the Russian Federation and international practice, the study identifies factors that assist in reduction of the regional bonds role as a market instrument of borrowings. The above mentioned include management guidelines for the public debt of subjects of the Russian Federation imposed at the federal level, objective economic preconditions for the regional
development, specifics of the monetary management mechanism in the Russian Federation and the financial market itself. The prospects of the development of such an instrument may consist of thorough development
of target borrowings mechanisms, implementation of a clear correlation between borrowed assets and need of the region development and demand for particular instruments in potential investors’ pool.

19-25 150
Abstract

The article analyzes issues of changes in the management system of universities. The problems of combining traditional – hierarchical (linear) – and project management schemes are presented. A hypothesis is put forward: instruments of sharing economy can be used in organizing interactions between project and linear departments of the university. The proposals have been made on the content of intelligent digital plat-form and its main functions.

26-38 175
Abstract

The article is devoted to the description of the potential of supplementary vocational education in the field of improving financial literacy of the population. The need to develop a financial education ecosystem in the region is presented, its components are identified. The Regional Resource Center for Improving Financial Literacy established at the Surgut State University can be the core for such system in the Khanty-Mansi Autonomous Okrug – Ugra. The need to develop the ecosystem is substantiated by the results of the survey of teachers in the educational institutions, who took upgrading courses in the Regional Resource Center for Improving Financial
Literacy founded in the Surgut State University, as well as by the data of the center activity reports and the data of the monitoring of the Bank of Russia and the National Agency for Financial Studies.

39-46 137
Abstract

The sustainable planned development of regional agricultural production at the current stage mostly depends on the impact of a particular mechanism aimed to provide effective functioning of the industry. The elements system of organizational and economic mechanism for management of agricultural organizations plays the main regulator role which function is of dynamic development of all fields in agribusiness. In the course of the study, the authors implemented general and specific methods of scientific knowledge, such as method of integral analysis, synthesis, comparison, grouping, induction and deduction as well as monographic method. A structure of the modern mechanism of economic management in agribusiness in which the most important role goes to the processes of digitalization and application of intelligent technologies is determined. The need to provide complex diagnostics of the economic phenomenon which will allow solving the most important problem to reduce risk factor conditions in the future is substantiated. Scientific novelty of the study is presented in the author’s approach to the diagnostics of organizational and economic mechanism functioning based on the calculations of its integral efficiency index. The direct relationship between economic policy, performed by the state structures, and constituent structural elements of economic mechanism is presented. The complex diagnostics of the considered mechanism is carried out on the example of agricultural organizations of Kurgan oblast for the period of 2000–2020. It is obtained that, in general, during analyzed period, the level of development of the agricultural mechanism in the region has not been high enough, which indicates about some difficulties in the functioning of its constituent structural elements.

47-61 469
Abstract

Qualified personnel contribute to the modernization of national economics in general and of Russian regions particularly. Such strategical goals as growth of both gross domestic product, labor production and revenue at the macro, mezzo and micro levels require to form personnel potential in order to rapidly and professionally manage the whole complex of problems related to the renewal of production-technological basis for domestic enterprises, the increasing level of them introducing innovative and digital technologies, the rapid growth in competitive ability of the regional economics and the Russian Federation economics in general. The informational, methodical and theoretical basis of the study were the works of domestic and foreign experts in the field of personnel potential assessment at the regional level. In the course of the study, the following methods of scientific knowledge were used: analysis and synthesis, generalization, analogy, measurement, induction and deduction, comparison.
The article presents scientists’ views on the concept “personnel potential of the region”, identifies the definition of this concept. The main approaches to the personnel potential assessment at the regional level are obtained and analyzed in the study. Using the approaches as the basis, index value characterizing personnel potential of the Kirov oblast and the Russian Federation in general are calculated, their comparative assessment is carried out, activities to improve the personnel potential in the Kirov oblast are proposed. The personnel potential assessment at the regional level allows getting the basis to change it both at the particular region level and at the state level in general which provides the basis for achieving strategic goals at all levels of national economics.

62-69 129
Abstract

Тhe article analyzes the main trends in the development of the nominal capital environmental modernization in the Russian Federation in the new economic reality, as well as the dynamics of environmental problems that can be solved by environmental restructuring of the production in certain sectors of the national economy (namely, the volume of emission waste from industrial production and greenhouse gases in the Russian Federation for 2012–2018 are studied). The main aspects of the state environmental policy of the Russian Federation Government and legal regulation over the past decade in the field of industrial enterprises’ business activities are analyzed. A role of the business sector and the state in the commencement of a global environmental modernization of the production in the modern Russian reality is determined. Further directions of the state policy in the field of environmental protection both at the federal and regional levels are predicted.

LAW

70-75 163
Abstract

The article is devoted to the problem of bringing the sole executive body of a business company to civil legal liability for losses caused by a transaction approved by the general meeting of participants (shareholders). The author substantiates the need to release the director from liability in cases of approving a transaction by the decision of the supreme management body, with the following exceptions: a) if the general meeting approved an obviously unfavorable for the business company transaction; b) if the director concealed any details of the transaction from the participants or changed its terms later; c) if other justifications
of intentional violation of the company's interests executed by the director are proved

76-87 155
Abstract

The article analyzes the concept “traditional indigenous knowledge”, substantiates its value for sustainable development of the northern regions of the Russian Federation, as well as considers a possibility to integrate such knowledge into the rules of the Russian legislation both at the federal and at the regional levels. Methods of legal science and other social sciences are used to understand the role of traditional knowledge of the northern indigenous minorities and its relationship with the rules of the Russian Federation legislation. Regulatory legal acts in force in the field of the environmental law were analyzed with formally dogmatic method and method of contextual analysis. Hermeneutic method and method of judicial anthropology were used due to the interdisciplinarity of the problem in question. The complex interdisciplinary study makes it possible to claim that the system of legal principles and rules can be based on the indigenous peoples’ traditional knowledge that may provide a unified basis of values
of social regulations in the field of society and nature interaction. The need to improve legislation of the northern subjects of the Russian Federation is substantiated. It must include both current rules created in the process of development of the environmental law and rules for behaving in the environment created in the process of the indigenous communities development and used by them to ensure traditional way of living and traditional environmental management in the area of their original habitat.

88-92 150
Abstract

The article is devoted to the problems emerging in the process of application of the consequences of the transaction invalidity (restitution). Close attention is paid to the issues of legal nature of restitution and consideration of such phenomenon according to the independent claim. Judicial practice as well as the supreme judicial authorities’ recommendations on practice of the application of restitution in civil legal relations are analyzed. Based on the judicial practice on civil cases, the analysis of practice of application of rules of civil legislation by courts is carried out in the context of defining the consequences of the transaction invalidity. The article analyzes the institute of restitution in terms of civil legislation and determines such a feature as publicity existed since the Soviet period. Legal doctrine that has to be correlated with emerging exceptional cases in the judicial practice is also analyzed. Such method of legal regulation as uncertainty used by legislator creates difficulties in the protection of rights and freedoms of citizens and legal entities, as well as in law enforcement practice.

93-99 108
Abstract

Today rules of the subsoil and environmental protection legislature contradict each other. Thus, environmental safety in exploring and production of gas, oil and other mineral resources fields is non-systematic and inefficient. The existing contradictory law enforcement practice makes the topic of the study relevant, inter alia due to the climate warming in the Arctic. The authors propose developing a unified concept at the state level for environmental safety in subsoil using. Such concept would foresee optimal combination of social, economic and environmental interests. Based on adopted strategic documents and developed practice, the environmental factor in field developing in the Arctic, the agreements with the residents of the Arctic zone and the application of standard responsibility by the subsoil users are analyzed.

100-105 206
Abstract

The article is devoted to the analysis of typical mistakes in statement of an objective and formulation of questions to the expert in appointing the forensic economic expertise of leasing operations. The analysis of typical mistakes in appointing a particular type of the forensic expertise is important both for experts as it allows them to identify such mistakes immediately and substantiates legitimate refusal to conduct the expertise, and for the bodies or individuals liable for appointing a forensic expertise as acquaintance with typical mistakes allows them to avoid such mistakes. The purpose of the study is to identify the most common typical mistakes in statement of the expert
objective in appointing the forensic expertise of leasing operations as well as to search for a possible solution to the problem. Typical mistakes were analyzed on a particular practical example. The author proposes a correct way of selecting the expert objective and thus a correct formulation of questions that allows avoiding typical mistakes for the considered type of expertise.

106-112 155
Abstract

The subject of the study is the identification of a search of legal entity’s premises as an irresistible force circumstance that can release a legal entity from the liability according to the contract. The study aims to identify circumstances and conditions of a search to have a possibility to approve it as an irresistible force circumstance. The objectives of the study are the following: to determine criteria of an irresistible force circumstances and conditions under which a search can be referred to those; to obtain procedural and tactical conditions for a search that can make it possible to classify it according to emergency, inevitableness and irresistibility. The article analyzes current positions of the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Commercial Court of the Russian Federation and Arbitration Court of Appeal on the problem in question. Specific scientific methods such as systematic structural method, comparative juridical method, formal logical method, etc. are the methodological basis of the study.

113-117 188
Abstract

In the article, the author analyzes the Resolution of the Constitutional Court of the Russian Federation № 16-P of 22.06.2017 “On the case about constitutionality verification of the provision of Article 302, Item 1 of the Civil Code of the Russian Federation in relation to the complaint of the citizen A. N. Dubovets” and the Resolution of the Constitutional Court of the Russian Federation № 35-P of 13.07.2021 “On the case about constitutionality verification of Article 302, Item 1 of the Civil Code of the Russian Federation in relation to the complaint of the citizen E. V. Mokeev”. The main issue in the documents presented is whether the reclamation of property by the owner, who lost possession against his will, from a bona fide purchaser is constitutional. In the course of the study, the author determines the legal position of the Constitutional Court of the Russian Federation about unconstitutionality of the reclamation of residential property from a bona fide purchaser by the owner, even though the owner lost his possession against his own will, but has not taken necessary measures in due time to control his property and title ownership to it.



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