Последствия правовых актов: оценка и коррекция
A lot of legislations are made in the process of public administration, municipalmanagement and economic activity of the respective offices. Th oughthese acts of legislation help to solve important aspects of socio-economic development,their quality does not provide effective management, regulation andmonitoring. Th e eff orts made to prepare and pass the bills are not always adequatetheir realization actions and analysis of their eff ects. A group of scientists fromthe Institute of Legislations Research and some law professors (U.A.Tihomirov,E.V. Cherepanova, B.M. Baranov) analyze this hypothesis within the frame work of the theme “Monitoring is a means to analyze the effects of normativelegal acts”. Th e research is provided by the program of fundamental scientifi cresearches of the State University – Higher School of Economics. Th e articleconsiders the results of the research.
This topic is necessary to understand where the law comes from, from which sources it is possible to obtain information about legal norms. These sources in different legal families do not coincide, therefore, at least a brief overview of the peculiarities of sources of law in different countries is needed. This topic should equip students with knowledge of types of sources of law, peculiarities of legal customs, normative legal acts, normative treaties, judicial and administrative precedents, legal doctrines as sources of law.
"Normative legal acts" - one of the key topics of the course, which is essential for understanding the Fundamentals of law in general. Students should understand the signs of normative legal acts, distinguishing normative legal acts from individual ones. One of the tasks of the topic is to show the peculiarity of the system of normative legal acts in such a federal state as Russia, to clearly delineate in this system four "floors" - federal, regional (constituent entities of the Russian Federation), municipal and local, to understand their features and purpose. It is very important that the students understand the hierarchical principle of constructing a system of normative legal acts, the subordination of acts in this system to the higher ones. Students should understand the principle of the operation of normative legal acts in time, in space and in a circle of persons, without which the practical application of normative legal acts is impossible.
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.