Mordovia University Bulletin

12-20

Authors: E. V. Burdina, D. A. Burdin.

Everyone’s right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law determines the specific requirements for candidates for judicial positions and principles of formation of the judiciary. The authors show the importance of recruitment to judge positions and to ensure judicial independence in the paper analyzes the basic standards for the formation of the judiciary established in the international legal acts. The author examines the principles and methods of selection of judges, requirements for candidates to judges, participation of an independent body of the judiciary system in the appointment of judges. On the basis of analysis the authors concludе that the implementation of international legal norms in the national model of the judiciary has not been completed. Authors propose to remove the existing shortcomings in national practice forming judicial training, which reduce the level of competence and independence of the judiciary.

34-41

Authors: O. V. Kuptsova, N. V. Zdorovinina.

The theme of the present article covers the theoretical issues of legal conflicts, alternative dispute resolution, the legal position of a mediator and its role in conflict resolution, as well as legal issues in the implementation of Russian mediation procedure. The investigation is concerned with mediator possibilities in providing of qualified legal assistance. Theoretical concepts of the nature of ways of alternative dispute resolution, mediation procedures, the role of mediator in providing of qualified legal assistance principals are a subject of research. In addition, the study also regards the norms of national and international law regulating issues related to the preparation of qualified specialists in the field of mediation and the mediator in resolving of legal conflicts.The article analyzes the principles of the main activities of the mediator in their legislative and doctrinal terms, emphasizes ambiguous approaches in determining its system in Russian and European legislation and in scientific literature, characterized in detail the principles of voluntarism, privacy, independence and impartiality of a mediator, his professionalism. Practicability of allocating of responsibility principle in mediation with understanding of it in positive and negative aspects are noted. Principles of mediation serve the initial beginnings of mediator status, including its functional expression. Mediator characteristic functions are given in the article basing on the analysis of conflictological literature since by legal means they did not receive distinct formalization. The article highlights the organizational, analytical, control functions, the functions of active listening, generate ideas, expand resources, preservation of the psychological climate of learning. The possibility of separation of motivating (stimulating) mediator function is mentioned. The authors attempted by means of analysis specifying position mediator in the process of settlement of legal conflicts.

48-53

Authors: O. N. Ageeva.

The article is devoted to investigation of the crimes of corruption in the business sphere in the Republic of Mordovia. The empirical basis of criminological research is amounted by statistical data, the results of the survey of experts, survey of the population and the materials of criminal cases. The article studies the crimes of corruption in the business sector, the analysis of quantitative and qualitative indicators of this type of crime, identifies its main trends, defines the crime determinants of corruption crime in the sphere of business in the Republic of Mordovia. The main purpose of the research is to identify the most effective measures against crimes of corruption in the business sphere in the Republic of Mordovia. The empirical basis of criminological research is presented by statistical data, results of the survey of experts, survey of the population and the materials of criminal cases. The authors studied the crimes of corruption in the business sector, conducted the analysis of quantitative and qualitative indicators of this type of crime, identified its main trends, defined the crime determinants of corruption crime in the sphere of business in the Republic of Mordovia. The main purpose is to identify the most effective measures against crimes of corruption in the business sphere in the Republic of Mordovia. Countermeasures are grouped into two groups depending on the subject of preventive activities at the state and non-state. The conclusion about the need for a comprehensive approach to combating corruption crime in the sphere of business in the Republic of Mordovia.

60-66

Authors: S. N. Pomnina.

The article is devoted to criminal law characteristic of the object crime under Article 292 of the Criminal Code. Being constructive feature of the offense, the subject of forgery is subject to mandatory establishment in qualifying action constituting a criminal offense prohibited by applicable law and is a fairly dangerous phenomenon. Obvious blanket dispositions of the Article 292 of the Criminal Code stipulates the need for clear, highly diverse and multifaceted definition of the subject of forgery, the lack of which leads to a discontinuous current interpretation of objective evidence. Questions about the designation of a document as an official subject to a crime under Article 292 of the Criminal Code, are certain difficulties for law enforcers. To answer these questions, the author conducts a comprehensive analysis of the definitions of the official document, which is reflected in legislation and criminal law doctrine. Subject to the provisions of the existing penal law, the norms of positive law and the opinions of leading experts in the field of criminal law in the Russian Federation, submitted article examines the most controversial issues of identifying and clarifying the essential features of the subject of forgery, identifie sarising from these challenges and difficulties in the classification of the analyzed crime proposed recommendations for improving the considered norm

73-81

Authors: О. М. Rodionova.

The article deals with civil and legal nature and significance of unilateral transactions. The author points out that the Russian legal science often regards necessity - of unilateral transactions as a special element of the mechanism of civil regulation. Some scientists see its special role by right of the fact they generate not only subjective civil rights and obligations, but also mediate specific legal education that are called differently “powers”, “secondary powers”, “transformative powers”, “entitlement to legal research of the situation”. The author expresses doubts about loyalty of these statements. The article analyzes the positions of various researchers of the problem and indicates their conformity between civilized reality and theory. Criticism of the theory of dynamic capacity theory of organizational and legal relations, created by M. M. Agarkov, advanced by O. A. Krasavchikova theory of so-called «secondary rights», that emerged in Germany in the late XIX century and was supported by several modern Russian jurists. The article uses activity-dogmatic approach to analyze the problem. On its basis, the author comes to the conclusion that the regulatory effect of transactions - is related to the fact that in terms of unilateral transactions are private and self-contained provisions. Value of this conclusion is illustrated by the example of the resolution of disputes about the legal nature of the will, a legacy, accepting the inheritance, because these acts are usually analyzed by the scientists who insist on the special role of unilateral transactions.

94-102

Authors: A. Kh. Dikinov, L. V. Honchukaeva

The presented article is devoted to an important economic issue. Achieving of the high level of competitiveness of economic operators requires the use of new tools of management and development, which would afford the ground for adaptation to modern conditions of operation and the implementation of its activities in the most efficient way, achieving the lower costs while maintaining high quality of goods and services. In this regard, the article concretizes the concept of outsourcing. Role of outsourcing has been identified as one of the most popular at the present stage of business models. The authors come up with the classification of levels of transport logistics as its main indicators, estimate the global and Russian markets of logistics outsourcing, analyze the structure of the market of transportation and logistics services. Transition to the outsourcing model of enterprises is due to the fact that the dynamic and uncertain market environment presents the new management challenges, which require a market reconstruction of all structural components and subsystems of business management with a view to continuous adaptation to external and internal changes. Junction of effectiveness of logistics tools and trends of concentration on core activities provides opportunities for the development of the market of logistics outsourcing and specialized logistics intermediaries. The article names the factors hampering the development of logistics outsourcing in Russia and gives the forecast of development of logistics outsourcing in Russia and expert assessment of its growth. Evaluating the prospect of the development of logistics outsourcing in Russia, the authors note that in the past three years, the transport and logistics market in Russia is actively growing with rate over 19% annually, with maximum growth rate shown by a segment of freight forwarding. According to experts, in the next 10 years it is expected that the pace of growth of the market of transportation and logistics services will be about 15%. The authors substantiate the conclusion that the growth of logistics outsourcing in Russia should occur due to several key factors (growth of cargo turnover, and complication of logistic chains; increase the proportion of multimodal and intermodal transport, etc.)

117-128

Authors: L. I. Zinina, T. V. Gluhova

Modern economic processes have caused the separate and independent formation of federal and regional food banks: each region independently is engaged in solving problems of food self-sufficiency such as production of agricultural products and foodstuffs, search markets and sources of replenishment of regional funds. The problems of food security in terms of formation and use of food resources at the regional level are considered. The estimation of regional socio-economic opportunities for implementation of the food potential is given. The strategic priorities in the development of the food system are identified. The necessity of formation of territorial innovation models of food security, aimed at achieving a high standard of livelihoods of people, rational use of resources, sustainable development of agri-food sectors of the economics, strengthening of its import and export component and relationships. In order to achieve a balanced development of the region’s food system, the necessity of the organization of its informational and analytical support, in particular, the development of specialized automated informational-analytical complex, is proved.

146-154

Authors: V. M. Volodin, I. А. Pitajkina

Increased economic growth and access to the path of sustainable development of the Russian Federation depends on the growing globalization and increases the risks in different areas, such as economic, legal and political spheres on the global and national levels. Solution of this problem is possible through the use of “new development factors”: for example, high-quality vocational education, a flexible labor market, a favorable investment climate and modern technology. Consequently, a new step modernization of the Russian economy is only possible with GroWth welfare of the country. However, many federal programs of the Russian Federation aimed to improve the health and education of the country had a low social and economic efficiency. The aim of this research is to analyze the reasons of the low efficiency of social programs and find a way to solve these problems through the use of project-based approach. Novadays crisis problems of crisis in the world economy and politics are dominated by the neo-liberal paradigm of economic globalization. It came in conflict with the basic postulate of human civilization - the value of the person as an individual and his life in a whole. Securing the humanistic principles in economics gave impulse to the further development of the concepts of sustainable development and human capital. The article arguments the need to step up the new level of health and education in Russia, as the basic conditions for the formation of a new quality of human capital, which is the main potential for sustainable development. In that regard, the best way to meet the challenges it is adapted project-based approach in the implementation of social programs, because it laid the appropriate tools of forecasting and risk assessment of its financial, labor, time and other resource requirements, which help to avoid a negative result. In addition, if we will use system approach, we can introduce necessary corrective actions. Implementation of programs on the basis of these approaches is aimed at resolving the contradictions that emerged in contemporary Russian society, between economic efficiency and social equity under the conditions of limited resources.

162-173

Authors: N. O. Kolchina

The paper presents the comparative analysis of the catering industry development in the Republic of Mordovia, the regions of the Volga Federal District and some European countries. It was found that the Russian catering market is characterized by a small number of fast food outlets per population, a relatively small number of dinners-out, and underdeveloped regional catering markets. Despite the increased interest of foreign networks in the catering market of the Volga Federal District regions and entry of major foreign brands in the said market, some negative trends in the development of this industry in a number of regions are being observed. For example, the catering industry of the Republic of Mordovia does not use franchising; network forms of catering industry organization for the population with average incomes are being poorly implemented in practice. In addition, the article describes other disparities, their causes and possible ways of the long-term catering market development.

180-184

Authors: D. I. Dolgov

Relevance of the topic lies in the fact that concept organization is the ability to reliably maintain their competitiveness, i.e. it is real and potential surpass their rivals in a variety of settings, constantly improving key business processes. The category of «concept» in relation to the company can be defined as the possibility of effective economic activity, providing a profitable sale of goods and services in a competitive market. This implementation provides the whole complex of existing enterprise assets. Production and sales of goods and services concept - a general indicator of the viability of the company, its ability to effectively use organizational, industrial, financial, social potentials. As a consequence, concept company has special advantages over their competitors. Concept product - 1) characteristic of a product having a certain share of the relevant market, which characterizes the degree of compliance with the technical and functional, economic and other characteristics of goods to the requirements of consumers, determines the market share of this product, and prevents the redistribution of the market in favor of other goods; 2) a set of technical, quality and cost performance products to address the specific needs of buyer. Concept is the product range of consumer and value properties which gives it a commercial success, thus it provides it means to be profitably exchanged for cash or other assets in the context of widespread supply and availability of countertypes. Currently technique is a logical set of formulas and graphs that are interconnected and used to solve certain issues. The paper presents a method of estimating concept railway enterprises.

192-199

Authors: N. I. Voronina

The main notions connected with cultural provincial policy and also aspects leading to agreement between official, artistic and social powers in respect of cultural development goals priority in Russia space are considered in the article. Cultural policy implies actions aimed at logistical and creative functioning of the culture, the presence of which in the province is significantly different from centers and cities. The allocation of resources, financial and administrative, structural, human and creative is uneven and planning in the province also differs in its scope, even though it is actually the process of preparing the state to participate in cultural activities in the province. «Polyethnics» and «cultures interweaving» in province have become the sense giving activity in the region, the search for cultural identity, the types of activity and creativity forms. From this point of view information of the article is new.

207-215

Authors: M. V. Loginova

The paper investigates the problem of ontology of expressive forms in art and culture, which organize a human existence. The author determines their cultural significance, justifies the ratio of expressive forms and content in terms of the historical-cultural evolution moments (classicism, the German Romantics, “the theory of empathy”, the concept of Benedetto Croce, Losev, Bakhtin); interprets the value category “expression” with the form and content in art; give the substantial analysis of expressive forms in culture through the dialectic of the categories of “vitality” and “intentionality”, “open” and “closed” forms. Expressive forms of culture are defined as the state of the event, the achievement of identity between subject and object of culture and art, the artist’s conception and its implementation, which serve as a boundary between the world of art and the world of reality and “make” artwork socio-cultural thing. The article contains a conclusion that expressive forms are mechanisms for formation of a specific artistic content (by artistic convention). The essence of expressive forms can be found in the dialectic of subjective and objective expressive form. For expressive forms the author recognize not only externalization of meaning, but the dynamics of the formation of meaning and expression through correlation with the “other”.

224-230

Authors: O. N. Prokaeva

The article describes the statistics of National Population Census 2010 and the most numerous peoples of Russia; it includes also Finno-Ugric peoples of Russia - Mordvinians, Udmurts and Mari; the article explores their reduction since the 2002 census, lists the main reasons which have led to a significant reduction in Finno-Ugric peoples: modern demographic changes - primarily the natural decline in population - urbanization, migration trends, mixed marriages, leading to assimilation; analyzes the idea of multiculturalism as relevant to the problem of small ethnic groups in the context of globalization; discloses such a method for the preservation of national culture in the Finno-Ugric regions of Russia as Ethno-futurism - dynamically evolving direction on a time-step in the artistic culture of the Finno-Ugric peoples and uniting many cultural figures in the Komi, Mari El, Mordovia, Udmurtia and others. The authors list those artists of the Republic of Mordovia who work in Ethno-futurism area and use the huge potential of popular culture, offering a kind of transformation of reality through the synthesis of immediate perception and the study of the origins and depth of traditional roots.

238-245

Authors: N. Ju. Lysova, I. L. Sirotina

This article discusses the main research directions in the study of “symbolic capital” of Finno-Ugric national costume, which reflects the outlook of the ethnic group, plays an important role in the storage and transmission of information in the traditional culture. Object is considered from the standpoint of semiotics and philosophy of culture and appears as a multifunctional phenomenon, defined by functional, spiritual, material manifestations of the Finno-Ugric folk costumes and their importance in the cultural context of modernity. The authors compare general ethnic traditions and regional peculiarities of costumes of Mordvinians, Udmurts, Merya people, Muroma people and others. The paper also discloses the semantic content of a symbolic system of a national costume, much of ideas of which are used in the modern fashion design, analyzes some of the modes of its actualization on the example of the collections created by the staff and students of the Department of Design and Advertising Institute of National Culture. The basis of the imagery of designer collections can place elements of the sign systems of traditional Finno-Ugric clothing or particular cut, decorating, some bright details, embroidery, but the most interesting material is mythological stories, legends, beliefs. The material has the novelty of the approach and perspective on the problem.