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Surgut State University Journal

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No 4 (34) (2021)
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EDITORIAL

ECONOMICS

8-16 211
Abstract

The article is devoted to the consideration of the content of “organizational intelligence”, as well as to the methods to form and develop organizational intelligence in the system of knowledge management. Although the concept “organizational intelligence” is known for 50 years, it has not been described
in detail in many scientific works, especially in Russian studies.
With the concept of the intellectual organization, as well as studies of Russian and foreign scientists, the content and features of the concept “organizational intelligence” are described, their systematization is given in the time aspect, the author’s definition of the concept is presented, the methods to form and develop
organizational intelligence in the knowledge management system are described. The further research can expand the understanding of both the content component of the organizational intelligence in organizations of new types and its application as the tool for assessment in knowledge
management.

17-27 195
Abstract

The study aims to test the hypotheses about the effect of digitalization on the labor market in Russia for the period of 2003‒2018. The authors analyze the two key factors for labor market transformation in face of the digitalization associated with the increasing probability of computerization for a number of routine professions and digital polarization. The research methods are the following: linear regression analysis using Mincer-type models, in which logarithm of earnings is dependent variable. In comparison with previous researches, the scientific novelty of the study is variable added to the model that reflects the probability of computerization of profession. In addition to that, the authors present for the first time the evidence of digital polarization of the labor market in Russia. Such polarization is reflected in simultaneous increase in the number of professions, which are more influenced by computeriza tion, and professions, which are based on the complex, abstract, non-routine objectives that cannot be fully
computerized. The results of the study demonstrate the significant negative effect of the probability of computerization of professions on the earnings during the whole period of the study. The shown effects of digital polarization
indicate about the significant gap between the level of computerization probability in the majority of professions that can become the problem for structural transformation of the national labor market. The results of the study can be applied in practical use for monitoring of professions that are under
the threat of digital automatization in the Russian labor market, as well as for substantiation of additional investments in the human capital.

28-38 226
Abstract

The subject of the study is the course of development of the northern single-industry towns in face of
the necessity of diversification in economics. The aim of the study is to develop a structural model of changing
the functional role of northern single-industry towns according to the course of economic diversification
of these territories.
The objectives of the study are the following: to consider the main approaches, including legislative,
to the content of “single-industry towns”, and, to propose the author’s interpretation of the concept based on
these approaches; to form the classification features of single-industry towns depending on their current social
and economic state; to study the strategic directions of economic diversification of northern regions of

Russia in order to identify the main courses of their development; to present a structural model to change the
functional role of northern single-industry towns for diversification of their economics and implementation
of purpose-oriented objective to provide sustainable development via competitive advantages and subjective
competitive position of the region.
The choice of general scientific and economic methods for conducting the research (synthesis, method
of scientific abstractions, historical analysis of economic phenomena, economic modeling, economic induction,
construction of economic hypotheses, graphic method) is conditioned by its logic.
The peculiarity of the author’s approach is the identification of structural trends that can create new
competitive advantages of single-industry towns in terms of social and economic development in face of the
pandemic conditions.
The novelty of the research consists in the graphic development and substantiation of the development
trends for modern single-industry towns, which can provide the transition to a diversified national economic
system.

39-48 206
Abstract

The article continues a series of publications devoted to the assessment of the efficiency of standard solutions applied in the oil and gas sector. The Russian oil and gas companies apply standard solutions in issuing the design and estimate documentation. These standard solutions should reduce capital investments, resource and operating expenditures in designing and constructing the facilities. In the Russian Federation the tendency of typification and unification is supported at the state level. However, at the present there is no unified approach to assess the efficiency of standard solutions. The authors analyzed the open resources, determined the mechanisms for accounting of economic effect of typification of design solutions, proposed the optimal approach to assess the economic effect of typification.

49-58 255
Abstract

The article proposes to comprehend the issues of the state and development of inclusive children tourism on the territory of the border subject of the Russian Federation (on the example of the Pskov Oblast). According to the strategy of the development of domestic tourism in the Russian Federation, an initiative is being promoted to develop and implement new tourist destinations for children with various disabilities. From the perspective of the Concept of Sustainable Development Values, it is proposed to understand children inclusive tourism as an organized type of travel for persons with physiological, psychological and spiritual disabilities in order to familiarize children with nature, discover the world and develop a personality, as well as for education, upbringing and health improvement. The results of the study on the formation and implementation of a regional tourism product for the category of citizens “with disabilities” aged from 7 to 18 years old are presented. The analysis of basic statistical indicators demonstrating an increase in the number of disabled children, the development of children tourism, the implementation of inclusive tourist routes for children with disabilities is carried out. Recom mendations for the implementation of regional policy in the field of inclusive children tourism in the Pskov Oblast are developed.

59-70 378
Abstract

The article presents the results of the author’s research on the application of social recruitment technology based on the capabilities of Smart talent search platform. The comparative analysis of such platforms as Smart talent search, HeadHunter and XING is carried out. The main opportunities and risks of the Smart talent search platform, as well as its main functions and uniqueness are analyzed in the article. The results of the author’s research on the application of Smart talent search platform for recruitment in organizations are presented. The author’s logical scheme of implementation of the platform, which improves personnel recruitment using social media, is shown.

LAW

71-80 1256
Abstract

The article is devoted to the concept of Kant’s law. The relation between his practical philosophy, which generates the doctrine of morality and law, and philosophical anthropology is substantiated. The German philosopher defined the essence of a human in his rationality. Being a thinking subject striving for
knowledge, a human possesses a theoretical mind. Being a volitional subject striving for action, a human possesses a practical mind. The universal moral law and universal legal law constitute the freedom of an individual: the first one in the field of morality, the second one in the field of legality. The categories of Kant’s legal theory are systemized, their relation to the foundations of practical philosophy is presented. According to the principles of transcendentalism, the law is a priory form of interior actions of people that is contained in the mind. The philosopher differentiates a natural law and a positive law. The natural law is a priori and based on the mind’s requirements. It is initially inherent in a human before and without any public organization. The positive law, on contrary, springs out of the legislator’s will. It arises in the society and is carried out according to the provisions of the natural law. In the natural way where there is no objective law a human inherits the only initial right – freedom of moral choice. The interconnection between the private and public law in Kant’s legal doctrine is substantiated. In the circumstances of pre-state people acquire subjective natural rights but they are not secured and preliminary. The Königsberg scientist named the totality of such powers as a private law. The private law arises and operates in a natural state, and public law in a civil state. It is a system of laws created for one people or many nations and necessary for the formation and existence of a legal state. Thus, Kant’s philosophical and legal doctrine affirms the freedom and dignity of an individual and protects its inalienable rights. The humanistic orientation of these ideas had a great influence on the following development of European legal thought and culture. The ideal of a law-ordered community of free individuals put forward by Kant is a necessary condition for a person to acquire himself, his essence.

 

81-87 662
Abstract

The article emphasizes modern technologies for seizing digital traces on the example of the activity of forensic investigators of the Investigative Committee of Russia, considers hardware and software complexes available in service, and describes the methodology of detecting, fixing and seizing of digital traces. The article analyzes such informational segment as the Internet, as well as its hidden part (in the unknown domains of receiving information). Moreover, the problem of obtaining digital traces in a fast way, considering modern means of communication, such as messengers and video communication systems, is discussed.
The author attempts to generalize and analyze the concept “digital trace” in forensics, taking into account the importance of classical concept of trace formation. In conclusion, the author supports the idea of creating special divisions for investigation of cybercrimes in the country’s law enforcement agencies, makes a conclusion about constant interdivisional interac tion and experience exchange among experts from various fields, which are often at the intersection of legal and technical disciplines, and sciences of the informational cycle.

88-95 203
Abstract

The article analyzes relevant issues of protecting the original culture of indigenous minorities of the North in the context of intellectual property law. The current issue for legal regulation of the phenomenon is the reflection in law of peculiarities of the subject of intellectual property rights (associations of minorities, inter alia communities that possess rights of a legal entity, and not individuals represent the subject) and objects of rights (i.e. results of their intellectual activity, such as traditional knowledge and skills, etc.). The customary rights of the peoples of the North, related to their cultural heritage, belong to all members of the association as bearers of the traditions of the people. At the same time, the content of traditions and regular law has not been enshrined in the legislation. The “community” specifics of the intellectual property law requires a theoretical justification in the categories of law and special legal regulation. In this regard, it is necessary to develop and approve the united international standards and mechanisms of implementation of intellectual property rights into the traditional knowledge or other results of intellectual activity of indigenous minorities of the North.

96-104 333
Abstract

The article considers the issues of public authority arrangement in the subjects of the Russian Federation. Studying the draft law “On general principles of public authority arrangement in the subjects of the Russian Federation”, the author analyzes the degree and depth of supposed involvement of the federal authority into the arrangement and activity of regional bodies of public authority and local self-government bodies. The article contains comments and recommendations for both the concept, subject and title of the draft and contents of its particular rules. It is determined that the draft law is in fact directed to develop constitutional rules that enshrine the principle of the unity of public authority. However, it represents a clear tendency towards strengthening of the principles of centralization and paternalism in the system of federative relations against the detriment of the subsidiary principle.

105-110 185
Abstract

The article analyzes the interdisciplinary aspects of the newest achievements in the field of genomics, which are being implemented into practical medical and social paradigm of the modern society. The general tendencies of genomics directed into supporting the level of life of a certain citizen and wellness of the society in general are identified and generalized. The aim of the study is a complex analysis of philosophic and legal and bioethical dilemmas of application of modern biotechnologies and their interconnections with somatic nature of an individual rights and principle of inviolability of human dignity. The study emphasizes an important role of adhering to international standards about compliance with the ethics of genomic research and manipulations, and working with genomic information based on the inviolability of human dignity and development of conditions for the unhindered implementation of this principle. Based on the synthesis of all-scientific and specific research methods, the author’s approach to the key role of the constitutional principle of the human dignity in genomics is substantiated, as well as the analysis of the key prospects and threats of its realization is presented.

111-121 390
Abstract

The article analyzes the contemporary tendencies in the field of legal regulations of anonymity on the Internet, describes legal and organizational and technological problems of ensuring anonymity. The author analyzes the approaches to the users’ anonymity that were developed in the international law, legislation and judgments of various countries, including Russia. It is concluded that today the Internet does not provide the full anonymity and confidentiality. The anonymity in the Internet is relative and conditional. At the same time, governments of the various countries and global technological companies aim to provide the access to the maximum possible amount of data about the Internet users. However, despite this, the anonymity is still considered as an important legal guarantee of ensuring many human rights, including right for a name, inviolability of private life, privacy of correspondence, and free expression of opinions. In such conditions, the establishment of balance between anonymity and openness during Internet communications, as well as establishment of proper legal procedures to disclose the users data and effective court guarantee related to the disclosure of such data are the important direction of legal regulation.

122-127 217
Abstract

The full implementation of the constitutional prohibition of discrimination in the Russian legal order is an important criterion for assessment of protection of individual rights and freedoms enshrined in the Constitution of the Russian Federation. The prohibition of discrimination, by virtue of the role assigned to it by international law, is intended to protect human and civil rights and freedoms from such a pernicious social phenomenon as discrimination. The article analyses the constitutional prohibition of discrimination, which is connected to every individual right enshrined in the Constitution of the Russian Federation. At the same time, the science of the constitutional law unfairly replaces constitutional prohibition of discrimination with so called “constitutional principle of non-discrimination”. In the course of the study, it was concluded that the constitutional prohibition of discrimination is not clearly enshrined in the Russian legal reality. However, the author notes that the Constitutional Court of the Russian Federation, which directly involved in the Russian legal system formation, openly speaks about the prohibition of discrimination as a constitutional prohibition in its decisions. In addition to that, the author substantiates that the Article 15, Part 4 of the Constitution of the Russian Federation indirectly indicates on the existence of the constitutional prohibition of discrimination.

128-134 150
Abstract

The subject of the study is complexes of values that form a basis for all-Russian identity and are reflected in the documents of strategical planning of the Russian Federation. The research aim is to identify problems of identity in the documents of strategical planning of the Russian Federation in force and determine
ways to improve those due to the Constitutional reform of 2020.
The following problems are to be solved: 1) to identify and meaningfully define the key values that substantiate strategical directions of Russian state policy; 2) to determine possible contradictions related to the possibility of various meaningful and terminological variability of named values. The thesis about crossborder of political subjects and their solidarization not according to institutes of national statehood but ac cording to certain value complexes has become the methodological significant to receive the results of the study. The main research methods are the following: method of systematic analysis, method of synthesis, method of comparative jurisprudence and formal legal method. The conclusion is made that the necessity to improve the complex of values of all-Russian identity, which is determined by the program-strategical documents of the Russian Federation, is emerging due to the Constitutional reform in 2020. At the present level, the state policy in the field is directed to provide social and spiritual unity of the Russian nation. The objective is difficult due to the necessity to consider typical social, confessional, national and religious diversity in the Russian Federation while forming the united civil identity.

135-142 439
Abstract

The article analyzes the peculiarities of the constitutional judicial control in the Russian Federation and Lithuania. The aim of the study is to disclose the system of regulatory legal acts that regulate the basis of constitutional judicial authority, systems of bodies of constitutional judicial control of the Russian Federation and Lithuania, and definition of distinctive features of these systems. The article analyzes rules of the constitutional court proceedings, considers the main differences in the powers of the constitutional courts of the Russian Federation and Lithuania. In addition to that, the changes in the system of constitutional courts and the powers of constitutional courts regarding the consideration of complaints about violations of human and civil rights and freedoms are analyzed in the historical context. The article formulates proposals to improve the current legislation of the Russian Federation and Lithuania regulation the implementation of the constitutional judicial control. The conducted study made it possible to determine that the nature of the activity of the Constitutional Court of Lithuania is mainly political, while the Constitutional Court of the Russian Federation
is human rights-based.



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