Вопросы гармонизации правового статуса контрольно-счетных органов субъектов Российской Федерации
The article describes the main features of the harmonized legal status of the regional audit institutions in Russia aft er the adoption of the Federal law of February 7, 2011 N 6-FL “On the common principles of the organization and operation of the regional and municipal control and accounts bodies”. The article pays special attention to the problems, arising due to the implementation of the abovementioned law.
ЗАКОНОДАТЕЛЬСТВО - ЗАРУБЕЖНЫЕ СТРАНЫ -
МЕЖДУНАРОДНОЕ УГОЛОВНОЕ ПРАВО - РЕЦЕНЗИЯ -
СРАВНИТЕЛЬНОЕ ПРАВОВЕДЕНИЕ - ТУРЦИЯ - УГОЛОВНОЕ
The most corresponding to the needs of Russia of 1990s was a hybrid of Swiss and Chinese model, ideally combining advantages of both capitalism and socialism. That variant is also good today, it's basic feature is security of business undertaking from encroachments. But within the circumstances, business should take care of its safety itself. To put business under control, it is divided into loyal, "bog" and protesting. Entrepreneurs represent a very small part of the society, though they serve to take Russia to the other bank of the river - to advance-guard of the world civilization. It is necessary to mention that this country makes its third attempt to transform its economy into the market one. The first two were not successful because of not sufficient care of the state about business and entrepreneurs. First of all, it is necessary to cut state power off business and vice versa, and then to heighten the level of education of staff involved into business. The bases of criminal safety of business should be paid much attention. The object of criminal safety of business is business undertaking, property and businessmen. Criminal safety of business is its protectability from criminality by means of physical, managerial and law security.
The idea of ligalization of bribe giving for certain types of bribes was expressed by K. Basu in 2011 and got a name Basu proposal. In this paper we discuss effects that can be caused by the direct implementation of this proposal. Our game-theoretic model shows that while legalisation of certain bribe-giving occurances can lead to some positive consequences, it is not always a good idea to return bribe to the bribe-giver as suggested by Basu. The chance to get the paid bribe back increases the amount of bribes that end up in corrupt officials' pockets.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
The article is devoted to the study of the authoritarianism prevalent in the mass consciousness of Russians. The article describes a new approach to the consideration of the authoritarian syndrome as the effects of the cultural trauma as a result of political and socio-cultural transformation of society. The article shows the dynamics of the symptoms of the authoritarianism, which appear in the mass consciousness of Russians from 1993 to 2011. This paper proposes a package of measures aimed at reducing the level of the authoritarianism in Russian society.
This work looks at a model of spatial election competition with two candidates who can spend effort in order to increase their popularity through advertisement. It is shown that under certain condition the political programs of the candidates will be different. The work derives the comparative statics of equilibrium policy platform and campaign spending with respect the distribution of voter policy preferences and the proportionality of the electoral system. In particular, it is whown that the equilibrium does not exist if the policy preferences are distributed over too narrow an interval.
The article examines "regulatory requirements" as a subject of state control over business in Russia. The author deliberately does not use the term "the rule of law". The article states that a set of requirements for business is wider than the legislative regulation.
First, the article analyzes the regulatory nature of the requirements, especially in the technical field. The requirements are considered in relation to the rule of law. The article explores approaches to the definition of regulatory requirements in Russian legal science. The author analyzes legislation definitions for a set of requirements for business. The author concludes that regulatory requirements are not always identical to the rule of law. Regulatory requirements are a set of obligatory requirements for entrepreneurs’ economic activity. Validation failure leads to negative consequences.
Second, the article analyzes the problems of the regulatory requirements in practice. Lack of information about the requirements, their irrelevance and inconsistency are problems of the regulatory requirements in Russia.
Many requirements regulating economic activity are not compatible with the current development level of science and technology. The problems are analyzed on the basis of the Russian judicial practice and annual monitoring reports by Higher School of Economics.
Finally, the author provides an approach to the possible solution of the regulatory requirements’ problem. The author proposes to create a nationwide Internet portal about regulatory requirements. The portal should contain full information about all regulatory requirements. The author recommends extending moratorium on the use of the requirements adopted by the bodies and organizations of the former USSR government.