EDITORIAL
ECONOMICS
The study analyzes risks arising during educational activities of the higher educational in-stitutions that participate in the Priority-2030 program. The classification of risks is presented. The methodological basis of the study consists of materials and the following methods: dialectical method, method of scientific knowledge, specific scientific methods (analysis, synthesis, comparison, logical, systematic and structural analysis, formalization, analysis of regulatory and legal documents), and modeling. The results of the study will help to detect risks associated with the quality of education in the higher educational institutions as well as to classify them accordingly. The quality of education is determined as the main risk associated factor in educational activities. The authors propose recommendations for developing the events aimed at prevention and minimization of such risk consequences.
The article considers the processes of implementing the project management methods in Surgut State University and conducts their informative and comparative analysis. Brief historical evidence and results of implementing project management methods at a university are presented. Development trends for implementation of project management methods and directions for its further improvement are identified.
The comprehensive analysis of financial and economic state of the field is necessary for state management of the field via optimization of credit and investment system. However today there is unlikely any universal methodologies and software based on these methodologies for analysis of the whole region field despite the abundance of software for financial analysis of a particular enterpirse. The article considers new methods for analysis of the state of a certain economic sphere for a particular region. The data of financial and aconomic state of the field was received on the example of various IT enterprises (large, medium, small, mini- and micro-enetrprises) of the Rostov Oblast using fuzzy-multiple analysis.
The innovative potential of managerial personnel in modern conditions is a key factor that ensures high competitiveness and innovative activity. The innovative potential of an enterprise and its managerial personnel should be considered as independent elements that require a special methodological approach when assessing them. However, modern scientific literature does not pay enough attention to the aspect.
The article proposes fuzzy-multiple methodology for а comprehensive assessment of the quality of educational performance of students in general educational institutions. The methodology is a modification of spectrum-point-based methodology developed and implemented in the Khanty-Mansi Autonomous Okrug ‒ Ugra since 2017. The presented fuzzy-multiple methodology of constructing the “educational results index assessment” and the “school social well-being index assessment” makes it possible to calculate the complex estimates of each index not by ordinary averaging, but by aggregating numerical values of their indicators based on a system of fuzzy logical conclusions. At the same time, a significant process occurs: educational institutions are being ranked and linguistic recognition of terms is at the stage of consideration of each indicator. The division of universal sets of linguistic variables into terms is carried out in such a way that the educational institutions are automatically divided into quartiles according to the original spectrum-point-based methodology. Modification of the methodology also includes reasonable selection of the weight ration indicators using a pairwise comparison scheme based on averaging of a group of expert assessments. The proposed methodology can be easily implemented as software.
LAW
The article discusses the problem of legal regulation failing in efficient acquisition and termination of powers of the sole executive body of a business company. The author considers current law enforcement practice and presents inconsistency in interpretation of legislative regulations in the courts of the Russian Federation. Civil legislation’s legal support for legal relations emerging due to dismissal of a director general of a business company is found to be unsatisfactory. Creation of regulatory mechanism for protection of former directors’ rights is necessary, thus the appropriate legal solutions are proposed.
The purpose of the study is to determine the main directions aimed at solving problems of a discriminatory nature during biomedical research. The basic constitutional and legal problems of conducting biomedical research in the international community and in the Russian Federation are analyzed. The author emphasizes legal, historical, and intersectoral issues arising during implementation of the constitutional principle of equality in biomedical research. The study was conducted using historical and theoretical methods, classification, and comparative and legal analysis. The author concludes it is necessary to comply with the constitutional principle of equality in innovative healthcare system regarding the strategic development of the state and the compliance with the existing fundamental principles of a welfare state. Focusing on the development of biomedical research in the state, the author claims there is no protection of citizens’ constitutional rights for life and health without a proper approbation of constitutional principle of equality. The au-thor proposes to amend the legal regulation of biomedical research at the constitutional level due to a special status of constitutional regulations, which prohibit any discrimination in every sphere of social life. In addition to that, creation of an effective mechanism of liability for violation of constitutional principle of equality during biomedical research is suggested. The author describes the only model of legal regulation, the Constitution of Swiss Confederation, as an example of working concept of applicable legislation modernization in the biomedicine, which regulates in detail the order of biomedical research and the liability for violation of a citizens’ constitutional right in this sphere at the constitutional level.
The article considers a role of the prosecutor’s office in general prevention of retail sales of alcoholic beverages to minors. The role is determined by such factors as a diverse set of preventive measures, significant number of entities responsible for various functions in preventive measures, and necessity of public members to participate in these measures. The author concludes that the coordinating role of prosecutor’s office can perform both in unifying the efforts of all entities and in eliminating deficien-cies in their activities, as well as in legal regulation of anti-measures against the unlawful act. The directions of coordinating activity of the prosecutor’s office in general prevention of retail sales of alcoholic beverages to minors аre formulated.
The study aims to identify the features of sui generis objects of intellectual property rights and give its definition. The objective of the study is to analyze the legal nature of individual sui generis objects of intellectual property rights and regulations in charge of emerging relations in this field. The subject of the study is the acts of international law, national and model law regulating sui generis objects of intellectual property rights. The study is conducted using general and special methods of scientific knowledge, inter alia, comparative and legal method and formal and legal method. The article analyzes the features that identify scientific discoveries and indications of origin of goods as sui generis objects of intellectual property rights. Sui generis objects are defined as results of human activity herein. National law or regulations of international law apply intellectual property nature to them, but do not provide property rights that define essence of intellectual property right in a subjective manner.
The article analyzes the factors affecting the development of framework legal regulation in the Russian Federation. Adoption of the Constitution of the Russian Federation resulted in transformation of federal-ism and creation of background for developing a special model of delimitation of jurisdiction and powers.
The study analyzes the issues related to administrative detention of a person who got under the supervision of law enforcement authorities due to (unofficial) suspicion of committing a crime, with the ambiguity and poor “detention” development as an intersectoral institution. Theoretical provisions and publications of procedural scientists and practitioners are analyzed to develop a comprehensive solution for the problems. The judicial practice is studied to determine relation between judicial authorities and papers on administrative detention of a person in materials of a criminal case. The methodological basis of the study includes general scientific and specific scientific methods. The most used methods are formal and logical method and comparative and legal method. It is concluded that a comprehensive approach is necessary to solve the problems in question. The approach must imply amending the legislation and strengthening supervision of a detained person
The study discusses social and economic, cultural, and political conditions affecting the for-mation and development of professional crime in pre-revolutionary Russia. The article analyzes such factors as the predominance of the rural population, the serfdom system, frightening aims of criminal punishment, etc. Features of the professional crime development as a socially dangerous phenomenon are considered. The methodological basis of the study consists of a set of general and specific scientific methods, in-cluding chronological, formal and logical, comparative, and other methods. It is concluded that special social and economic, political, cultural conditions in pre-revolutionary period Russia and the peculiarities of the state development played a crucial role in the creation of the “core” of professional criminals and functional and hierarchical system in criminal environment. Final assignment of features of criminal professionalism and evolution of professional criminality in Russia as a phenomenon happened at that period. The conclusions presented in the study can be used both for enrichment of the theory of criminologi-cal and criminal law science and for the practical activities of law enforcement authorities.
Today stalking is a serious threat to the safety of citizens. At the same time, in Russia there is no legal penalty for such a crime. The article identifies the main features of stalking, discusses issues of liability for stalking, and gives statistics of stalking frequency both in Russia and abroad. A practice of legal penalty for stalking abroad is presented. The authors determine danger of stalking for the public and possibility of criminal liability for such a crime in Russia. The authors’ methods for improving the legislation are proposed