CCONTEMPORARYONTEMPORARY PPROBLEMSROBLEMS OOFF SSOCIALOCIAL WWORKORK

ССовременныеовременные ппроблемыроблемы ссоциальнойоциальной работыработы

ACADEMIC JOURNAL

Vol. 1. No. 1 2015

MOSCOW Pinskaja M.V., Sheglov A.N. CCONTEMPORARYONTEMPORARY PPROBLEMSROBLEMS EXECUTIVE SECRETARY CONTENTS A Comprehensive Method of Reservoir Water Cleaning Kryukova E.M. OOFF SOCIALSOCI AL WWORKORK (the open bay of Anapa resort) Cand. Econ. Sciences, Professor, head VVolumeolume 11,, No.No. 1,1, 20152015 The appeal of the rector of the Russian state social (Experimental results for planning non-traditional of Department scientific and technical University N.B. Pochinok ...... 5 devices of reservoir water cleanly) ...... 112 information RSSU Bataev V.V., Pochinok N.B. Podgornaya A.V. ISSN 2412-5466 Creation of a System of Early Non-Governmental The systematization of economic and geographical WORKED Pension Insurance in Russia...... 5 approaches to research of regional labour market . . .120 Chief editor of quick printing The journal is included into the system Boboshko I.V. Povetkin S.A. Bagrova N.V. of Russian science citation index and is Ways of improving efficiency audit in modern Social aspects of accent: benefits and costs available on the website: circumstances...... 12 of speaking with an accent...... 128 Contenting www.elibrary.ru Durdiyeva J.A., Avanesova A.E., Bugaev O.N. Reut D.A. Povetkin S.A. Information support of elections as guarantee of Assessment of the potential of sustainable social Typesetting and design economic development of the regions ...... 18 implementation of the active suffrage Probilova T.A. DOI 10.17922/2412-5466-2015-1-1 Dzhibabov M.R. of citizens of the Russian Federation ...... 135 Socio-economic problems of franchising Rudakova E.V. Decorating in Russia...... 29 Information model for calculating power spiral Probilova T.A. EDITORIAL BOARD Gevorkov V.S. screw inertial screening machine ...... 146 Protection of property rights of bona Shimanskaya I.Yu., Kabanova E.E., fide purchaser ...... 37 Shalashnikova V.Yu., Verdyan N.G. CHIEF EDITOR Guryleva A.A. Actual socially-economic problems of the Maloletko A.N. small and average cities of Russia...... 158 Actual problems of legal regulation of religious Our address: Dr. Econ.Sciences, associate Professor, acting Soldatova O.D. Vice-rector on scientific work of RSSU education in Russia ...... 45 129226, Moscow, Vilhelm Pik street, 4, Ilyashenko K.V. To the problem of innovative potential building 2, room 412 Problems of legal regulation of relations of the personality of the head of educational 107150,Losinoostrovskaya street, 24, room institution...... 168 106. DEPUTY EDITOR in the provision of legal services in the Russian Soloviev E.S., Shahnazaryan T.G. Kaurova O.V. Federation and ways of their solution...... 50 Contact phone: Dr. Econ.Sciences, associate Professor, Dean Kaurova O.V., Saak A.A., Revyakina T.U. Actual problems of forced execution of tax (495) 255-67-67 of the faculty of training of scientific and obligations in the Russian Federation...... 172 (ext. 17-92, 17-71, 30-15). scientific - pedagogical personnel of RSSU Small business in tourism industry as a functional element region’s Soynikov M.A. tax capacity...... 61 Some theoretical problems of economic security. . . .176 http://rgsu.net/about/science/ publishing/magazine/ EDITORIAL BOARD Korolyova A.Y., Lobanov P.A. Starodumova S.Yu., Golovkin P.A. Baksansky O.E. Public-private partnership in the Approval of interested party E-mail: [email protected] Budanov V.G. system of social and economic relations transactions under Russian law ...... 184 Gurevich P.S. of modern Russia ...... 67 Vasileva E.A. Gutnik B.I. Leontyeva T.V. The place of higher professional education and continuing professional education The materials are published in author’s Konson G.R. Display the socio-economic situation edition. Authors of published materials in the system of public relations ...... 194 Kryukova E.M. of a family in modern mass media...... 74 are responsible for the selection and the Miklina N.N. Lutovinova N.V. Yatsur A.V. accuracy of facts, quotations, proper names, Innovation and education cluster as the statistics and other information. Editorial Morozova E.A. The legal framework of state control over land use in the Russian Federation ...... 81 basis for the formation and development opinion may not coincide with the opinion Pilipenko A.I. of the authors of the articles. Reprint Maloletko A.N. of the middle class of the north-caucasian Pilipenko O.I. federal district...... 197 of materials and use them in any form, The influence of retailers behavior including electronic media, possible only Pavlenok P.D. on the economic security of regional Requirements for English-language manuscript with written permission of editorial office. Rizhov B.N. manufactures of socially significant products...... 96 provided in scientific journals “Contemporary Problems Rizhov V.P. Neznamova А.А. of Social Work” («Modern problems of social work”), Sizikova V.V. The question of features of establishment “Scientific notes of Russian State Social University,” Simonova S.A. of rights to ownerless real estate ...... 102 “Social Policy and Sociology”, “Bulletin of educational Spirova E.M. Nikolaev A.M., Folosyan M.E. and methodical association of universities Stepanov M.S. Freedom of conscience and religion in the system of Russia on education in social work “...... 208 Age limit: 16+ Hulle M.M. Van individual rights and freedoms of human and citizen in the Russian Federation ...... 107 © Russian State Social University CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

Bataev V.V. Dear readers, authors, partners! Adviser of the All-Russian Association of Rail Transport Employers, Department of Finance and credit, Russian State Social University, Moscow. E-mail: [email protected] Here is the first issue of the English-language Journal Pochinok N.B. Contemporary Problems of Social Work, edited by Russian Doctor of Economics, Rector of Russian State Social University, Moscow. State Social University. The Journal has been created E-mail: [email protected] to highlight current problems with emphasis on their УДК 369.5 DOI 10.17922/2412-5466-2015-1-1-5-11 sociological interpretation without excluding, however, the interdisciplinary research addressing the theoretical, methodological and applied approaches. Creation of a System of Early Non-Governmental We hope to help integrating Russian Science into the global one, providing the peer-reviewed articles in Pension Insurance in Russia English, in accordance with international standards. The editorial Board invites you to join our Journal to Receiving date: Preprint date: Taking to print date: share the results of your researches, your thoughts, your 13.03.2015 30.03.2015 30.03.2015 experience, and your data with all the readers. We hope, Annotation: The subject of the study is the project of transforming the early retirement institution in that esteemed researchers may find possible not only Russia. The objective is to consider a possible way of increasing the general level of pension insurance of to provide us with their articles, but also would kindly workers employed in specific working conditions and early retiring. As a result of the study theoretical bases of a new pension insurance product will be formed. comment on previously published materials. I want to draw your attention to the fact that Legislation while implementing the provisions of The Strategy of Long-Term Development of the Pension the first issue of the Journal is dedicated to the research papers of postgraduate students and System in the Russian Federation can be considered as the application area for the study findings. young scientists, presented in the scientific conference of postgraduates and young scientists The novelty of the study is in provision of the rationale for a gradual transfer of responsibility for early pension insurance from the government to the employers on the terms of trilateral co-financing in the In Memoriam of A. Pochinok, held from 13 to 18 March, 2015. framework of social partnership. It is not a coincidence, that the first issue of the Journal is associated with the memory of A conclusion can be made that it is necessary to create a system of early non-governmental pension insurance on the basis of non-governmental pension funds. Alexander Pochinok, a prominent Russian statesman, who was Minister of Labour and a famous Key words: non-governmental pension insurance, early retirement, co-financing, social partnership. economist. Mr. Pochinok knew to combine his state service with prolific research activities, he also was a great supporter of Russian State Social University and he did a lot for the University One of the guidelines to implement the Strategy of Long-Term Development of the Pension development. I hope that establishing this Journal we make one more step to the better image System in the Russian Federation (adopted by the Government Resolution N 2524-r of 25 of the University that Mr. Pochinok desired to see so much. December 2012) is the idea to reform the early retirement system subject to the principle of preserving the system of safeguard to workers employed at the enterprises with specific We welcome Your articles. We hope for active and fruitful cooperation! working conditions, as well as of establishing a transition period for the people to get used to new conditions of pension provision [5]. Currently, in accordance with the Article 27 of the Federal Law of the Russian Federation N 173-FZ On Retirement Pensions in the Russian Federation, dated 17 December 2011, there are Rector of Russian State Social University more than twenty formal reasons for granting old-age retirement pensions [8]. Beneficiaries of N.B. Pochinok early-granted pensions retire 5 and 10 years prior to the generally established retirement age, on condition that they have a necessary qualifying period of paying pension contributions to the Pension Fund of the Russian Federation and at least half of a special employment period in harmful and dangerous working conditions. Such people receive early-granted pensions until they reach the general retirement age. “Liberal” criteria of eligibility for early retirement applied for decades are inconsistent with present-day conditions of market economy and are weakly dependent on real working conditions on job sites. The result is that each third employer is eligible for retirement before he or she

4 5 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 reaches a generally established retirement age. At the beginning of 2013 one third of 33 mln. additional tax burden for employers, it raised from 7% to 14% of the payroll fund, and no special retired people, i.e. 11 mln., were so called “early retirees”. tax preferences for employers were given. According to Dr. Roick seven years of pension reform Moreover, employers had paid to the Pension Fund of the Russian Federation only 22% of did not result in finishing the formation of all elements of a new retirement system. In particular, the payroll fund for any employee irrespective of working conditions at their job sites. At the the occupational pension systems have not been created yet. Eventually, the sixth part of the same time all pensions were being paid from the same source funds which was a direct way to pension budget (about 240 bln. RUB in 2008) is to be directed to early retirement pensions for the budget deficit. people working in harmful conditions. But the main problem of these employees is that since 1 Since 1 January 2013 the government has designated separate sources for funding early January 2003 they have not earned even a ruble for early retirement pension [1]. retirement and has introduced additional rates of insurance contributions to the RF Pension Negative experience of the previous decade helped to make positive conclusions, and at the Fund for employers, whose employees work in harmful and dangerous working conditions. These end of 2013 a project of how to create a system of early non-governmental pension insurance additional rates amount varies from 2 % to 9% of the payroll fund, being based on the principle (hereinafter – the Project) was developed. The Project was prepared by a spearhead working of progressive taxation. Some special conditions exist for employers, that passed the procedure group under the Ministry of Labor and Social Protection of the Russian Federation in partnership of workplaces assessment or has conducted special evaluation study of working conditions with the representatives of the National association of non-governmental pension funds, All- (hereinafter – SESWC). If an employer has passed such procedures and has obtained the relevant Russia branch associations of employers and major non-governmental pension funds of Russia. results, a special rate scheme should be introduced for such an employer, presuming the amount The 2013-2014 information on the number of employees in harmful and dangerous working from 2 to 8% of the payroll fund, depending on the category of harmfulness of the concrete conditions, for whom insurance contributions are paid according to additional rates and who workplaces. has an average special qualifying employment period, necessary for the development of the Speaking about advantages of this system, it is necessary to mention the this system is Project, was given by the Pension Fund of the Russian Federation. attractive both for the employees, as it provides adequate protection to their workforce, and for After the development completed, the Project was submitted to the Administrative office the Government, as it is jointly financed by all employers, that pay their insurance contributions. of the Russian Union of Industrialists and Entrepreneurs and adopted on 18 June 2014 as a Before the distinct rate mentioned above were introduced, the employers with severe and Concept bill framework. On 30 September 2014 the Expert Board of the State Duma Committee special working conditions were those who gained more, because their rates for insurance on Financial Markets also approved the document and agreed with the approaches suggested. contributions to the RF Pension Fund were the same, and at the same time their employees were The urgency of the early retirement institution transformation was stressed by N.B. Pochinok, those who retired earlier. Some other advantageous aspects existed, e.g. the Russian legislation the Chairperson of the Expert Board: has given a possibility to co-finance pensions, partially by the employee and the state. “It is necessary to develop and to present new instruments such as early retirement or pension If to speak about disadvantages of the existing system, it worth to be mentioned that early savings. It is important to give state guarantees, to guarantee the co-funding on the part of the retirement pensions cannot be inherited, as in case of survivorship or breadwinner’s disability budget… Pension funds went public, so they are transparent. There are all grounds to say that now the problem of how to support the “early retiree’s” are solved with the help of other social the system is operational” [6]. security tools. The trouble for employers consists in the circumstance that the additional rates As recommended by the Ministry of Labor and Social Protection of the Russian Federation, go into the pay-as-you-go (PAYG) pension system without any personification or formation of line ministries, the Ministry of Finance of the Russian Federation and the Ministry of Economic pension rights of the people working in these particular industries and professions. All-Russia Development of the Russian Federation, forwarded substantive remarks. branch associations of employers and major branch trade unions and their associations would Finally, basic provisions of the Project were presented at the International Investment Forum attract attention to the fact that branches, that are donors of the state pension system stand “Sochi-2014”, 18-21 September 2014, in the framework of the Round table “Pension System: shot, providing early retirement pensions for the branches that may be called recipients by their Prospects of Development” [3]. non-personified contributions in the PAYG system. It worth to be mentioned also that at the It is worth laying the emphasis on the key point in the Project: its main objective is to end of 2013 a package of federal laws on the reforming the system of non-governmental pension increase the total level of pension insurance of employees working in specific (harmful and funds (NGPF) and introducing SESWC was discussed. At the project stage they contained an idea dangerous) working conditions and retiring before attaining a generally established retirement of setting-off additional rates to corporate non-governmental pension insurance instead of age. In order to establish the dependence of contributions, paid by the employer, on the their contributions to the RF Pension Fund, the idea that was not even discussed lately. Thus, employees working conditions and to insure the pension rates differentiation depending on in fact, early non-governmental pension insurance did not turn into a full-scale institution the length of employment period in specific working conditions, the proposed document allows of early pensioning but has remained an ordinary tool of additional pension insurance, used for transition to the system of early non-governmental pension insurance on the basis of non- without stimulating specific mechanisms. This situation will not result in attracting employees governmental pension funds. The Project develops provisions of the RF Federal Law N 75-FZ to this system and the number of “early retirees” in corporate pension programmes will not be dated 7 May 1998 On Non-Governmental Pension Funds [9] concerning the possibility of pension increased. co-financing on the part of the employee and the state as well as the head-note of the Strategy In 2002 – 2003 the legislation on changing the institution of early pensions was already of state co-financing application for “certain categories of the insured”. The main provisions under way. As a result of studying the experience of Sweden, France, Denmark, Great Britain, of the Project will relate to the trades enumerated in Article 27, paragraphs 1-18, of the Federal the USA and other countries, where preferential pensions are formed in corporate occupational Law of the Russian Federation N 173-FZ dated 17 December 2001 On Retirement Pensions in pension systems, it was found out that those pensions were either voluntary ones, i.e. financed the Russian Federation [8]. The Project regulations will be implemented in two stages. At the on the PAYG basis, or obligatory ones, i.e. additionally supplemented to the governmental ones. first stage, since 1 June 2015, only people with the necessary special employment period will Draft of the Federal Law On Occupational Pension Systems went through the first reading and be able to join the system of early non-governmental pension insurance. At the second stage, was postponed for a long time. The main reason of its “freezing” is the fact that it stipulated since 1 January 2016, other representatives of the mentioned professions will be able to use

6 7 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 the programmes of early non-governmental pension insurance, but with different coefficients via collective employment agreements and make employees take care of their future early of state co-financing, which differs from 1 to 4. retirement pension together with the employer and the state. It is worth mentioning that The Project of early non-governmental pension insurance provides for the winning of all according to the Project regulations all scheduled changes deal only with future grants of such three participants of social partnership: employees, employers and the state. pensions. Retirees, receiving pensions already granted, will not be affected by these changes. The basic difference from corporate pension programmes is that the latter are approved by It should not be omitted that the creation of the early non-governmental pension insurance local regulations and standards of the employer, and early non-governmental pension insurance system will eventually reduce the state’s expenses and will solve the problem of financing is legitimized by a collective employment agreement. early retirement pensions from the budget, even despite the fact that in any case early old- Obvious advantages that gives the early non-governmental pension insurance system age retirement pensions will be granted to the definite categories of “early retirees”. It is to employees consist in providing protection of their rights via the institution of social noteworthy that early retirement pensions used to be a burden on the whole PAYG pension partnership, as when these benefits are included into collective employment agreements system, because insurance contributions were paid by all taxpayers according to common rates, and industry agreements, they go through the melting pot of collective bargaining and are but only representatives of a limited scope of trades and professions were those to be retired reviewed for compliance with the employees’ interests. In accordance with the legislation, the before the generally established retirement age. retirement program of early non-governmental pension insurance is to be approved as set forth Only now an independent source of finance has appeared. As financing is transferred to for collective employment agreement conclusion. Evident and important advantages consist the early non-governmental pension insurance programmes, responsibilities for paying early also in the participation of the Russian state in pension co-financing and the right given to retirement pension will be also transferred to them, while the RF Pension Fund will pay only a employee relatives to inherit early retirement pensions. certain part of early old-age retirement pension proportionally to a special employment period When this system is put into practice, the employers will also win, as their financial achieved and on condition of having a pensionable service. expenditures will be reduced due to a lower tariff rate (2% of payments and fringe benefits to According to the model analysis, the Russian state may expect the positive effect in 2025, in employee involved in the activities named in Article 30, part 1, paragraphs 2-18, Federal Law a ten-year period after the Project start-up, when the reduction of insurance pension payment of the Russian Federation N 400-FZ dated 28 December 2013 On Non-Contributory Pensions, and exceeds additional budget spending. 4% of payments and fringe benefits to employees involved in the activities named in Article State spending for “early retirees” will also be reduced due to the decrease of the number 30, part 1, paragraph 1 of the above mentioned Federal Law) instead of paying sums to the of employees in harmful and dangerous working conditions (in the first half of 2014 additional RF Pension Fund in accordance with excessive additional rates. Moreover, they can finance rates were paid for 3.6 mln people, 900 thousand people less than a year before) and hardening early retirement pensions only for their employees, personifying contributions to individual the requirements to pensionable employment period (15 years of pensionable service) and retirement accounts (IRA). Finally, companies will have an opportunity to create some more requirements to coefficients in pensions (at least thirty individual pensionable employment flexible system of human resources management, which will serve to their own interests and will coefficients) in the pension legislation under the Federal Law of the Russian Federation N 400- increase long-term loyalty of employees. FZ dated 28 December 2013 On Non-Contributory Pensions [10]. Speaking about the influence of the early non-governmental pension insurance system on The system of early non-governmental pension insurance (hereinafter – the System) is still the improvement of working conditions, the first thing to mention is a considerable change of having some problems for the participants of the pension market, i.e. employees, employers, working conditions over the past few decades. According to Article 226 of the Labor Code of the non-governmental pension funds and the state. Certainly, some attempts are made to solve them. Russian Federation, employers are to spend at least 0.2% of production costs to the improvement In particular, as in any version of non-governmental pension insurance, employees concerns of working conditions and labor protection [7]. Given that the number of employees at harmful are connected with the fact that they pay their own money as the form of their contributions. working places is not constant, the employer has to calculate a less cost-intensive approach: Hence, it is reasonable to attract employees to the System and to solve distinct issues of either additional rates to the RF Pension Fund or improvement of working conditions. social partnership through All-Russia and branch trade unions. In the process of the Project An important role of additional rates should be mentioned as well: over the past year and a implementation employers are sure to have labour contribution in the employees integration half the number of employees, for whom contributions on the basis of additional rates are paid, and promotion of their loyalty to corporate pension programs as well as in the book-keeping of decreased from 4.5 to 3.6 people. This is a cumulative result of introducing additional rates, special programs. When choosing optimum alternatives to solve these problems, the main thing SESWC application and a new sensible view of working conditions after workplaces assessment. is to provide a rate of replacing the earnings lost comparable to the level of the existing state Discussing advantages of the early non-governmental pension insurance system for one and, of course, to avoid social strain that can arise because of the program introduction. employees, we already mentioned that the state would take part in early retirement pension Model analysis of the evaluation of the employee’s participation in the System shows that: co-financing: at the first stage of the program introduction – one-to-one with the employee, at – at the first stage: the rate of replacing the earnings for the employee after joining the the second stage – one-to-four until the necessary special employment period is achieved, and System is increased, and it can amount to 5% and 10% accordingly; then one-to-one. – at the second stage: the aggregate rate of replacing the earnings lost by the pension for SESWC will be directly relevant to the early non-governmental pension insurance system. the employee joining the System can amount to 35.4% and 42.5% accordingly (for comparison: Workplace conditions will be assessed based on the SESWC results, as well as division into people not participating in the System have replacement rate of 33.1%). classes and sub-classes of harmfulness and, correspondingly, additional tariff rates from 2% to Using the suggested model, the state solves the problem of delegating the social 8%. As both SESWC and early non-governmental pension insurance are components of social responsibility to the employing companies. At the same time it is important to note that a partnership, socially responsible (and socially irresponsible) employers will calculate and comparable replacement rate may exist only within the conditions of the specified proportions decide: whether to pay additional rates to the RF Pension Fund, thus making it take further care of co-financing. So, at the stage of the Project introduction the risk of additional expenses of “early retirees”, or create their own systems of early non-governmental pension insurance arises. However, taking into consideration practical experience of involving employees in the

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corporate pension programs and in the program of state co-financing of additional insurance 3. Materials of the Round table “Pension System: Prospects of Development” in the framework contributions (and these are 2-3% of employees during the first three years of the programs of the International Investment Forum “Sochi-2014”, 18-21 September 2014 [Electronic start-up), it can be expected that not all employers will immediately join the program and, resource] URL: http://forumkuban.selivyorstov.ru/2014/player/?event=2014091914 (access date: 20 December 2014). hence, federal funds budgeted for additional insurance contributions under the AIC program 4. Review of Financial Stability prepared by the Bank of Russia on 22 October 2014 [Electronic will be sufficient until 2017. resource] URL: http://www.cbr.ru/publ/Stability/fin-stab-2014_2-3r.pdf (access date: 20 In was pointed out in the “Review of Financial Stability” prepared by the Bank of Russia December 2014). on 22 October 2014 that the development of the voluntary system for the accumulation of 5. Government Resolution N 2524-r of 25 December 2012 // Collected Legislation of the pension savings in the situation of total people’s mistrust to the pension system was highly Russian Federation. – 31 December, 2012. - N 53 (Part II). 6. Solution of Social Problems – RSSU Priority. Interview of Natalya Pochinok // Broadsheet improbable; employers were not eager to develop corporate pension programs as well; and JugTimes, issue of 15 October 2014. civil servants also did not see any prospects for voluntary corporate pension insurance in the 7. Labor Code of the Russian Federation of 30 December 2001 N19 7-FZ // Collected Legislation circumstances formed [4]. Taking into account half-hearted ambiance to non-governmental of the Russian Federation. – 7 January, 2002. - N 1. pension insurance currently prevailing, it is possible to be optimistic about the chance that 8. Federal Law of the Russian Federation N 173-FZ of 17 December 2001 “On Retirement employers, civil servants and trade unions will support programs of voluntary early pension Pensions in the Russian Federation” // Collected Legislation of the Russian Federation. – 24 December, 2001. - N 52. insurance. In the corporate systems, where non-governmental pension insurance is a tool of HR 9. Federal Law of the Russian Federation N 75-FZ of 7 May 1998 “On Non-Governmental Pension policy and the bases of participant-savers are stable, as a rule permanent awareness-building of Funds” // Collected Legislation of the Russian Federation. – 11 May, 1998. - N 19. the staff, trade unions and employers’ associations is underway in order to promote loyalty to 10. Federal Law of the Russian Federation N 400-FZ of 28 December 2013 “On Non-Contributory the system. The whole process is formalized in collective agreements and industry agreements, Pensions” // Collected Legislation of the Russian Federation. – 30 December, 2013. - N 52 and it is a preferred way of introducing the non-governmental pension insurance system. (Part I). 11. Maloletko, A.N. Monitoring and auditing: manual/ A.N. Maloletko.- M.:KNORUS, 2006. –pp. This pension product is addressed to definite groups of employees, named in Article 30, part 93-97. -312 p. 1, paragraph 1, Federal Law of the Russian Federation N 400-FZ On Non-Contributory Pensions 12. Iluhina, G.I. & Maloletko, A.N. Management analysis in industries. Lecture notes and teaching dated 28 December 2013 “” [10]. As the product is pseudo-voluntary and quasi-obligatory, it complex/edited by A. N. Maloletko. -M.: Paleotip, 2008 is planned to implement it via the institution of social partnership as a compulsive element of collective and industry agreements. References in Roman script: Drawing conclusions, it is fair to state that the creation of the system of early non- 1. Azbuka pensionera. Interv’ju Roika V.D. // Rossijskaja gazeta. 20 nojabrja 2008. governmental pension insurance will be beneficial, to a certain extent, for all the participants 2. Dosrochno i vskladchinu // Rossijskaja gazeta, 05 ijunja 2014. 3. Materialy kruglogo stola «Pensionnaja sistema: perspektivy razvitija» v ramkah of the system. Mezhdunarodnogo investicionnogo foruma «Sochi-2014» 18 – 21 sentjabrja 2014 g. The state will transfer responsibility for paying early retirement pensions to the employers in [Jelektronnyj resurs] URL: http://forumkuban.selivyorstov.ru/2014/player/?event= the framework of social partnership and will cope with a strategic task of developing corporate 2014091914 (data obrashhenija: 20.12.2014). pension systems as the second level of the pension system in the Russian Federation. 4. Obzor finansovoj stabil’nosti Banka Rossii ot 22 oktjabrja 2014 g. [Jelektronnyj resurs] URL: The employers will reduce the expenses due to lower tariff rates and will finance early http://www.cbr.ru/publ/Stability/fin-stab-2014_2-3r.pdf (data obrashhenija: 20.12.2014) 5. Rasporjazhenie Pravitel’stva Rossijskoj Federacii ot 25 dekabrja 2012 g. № 2524-r // Sobranie retirement pensions of only their employees. This situation will be instrumental in organizing zakonodatel’stva Rossijskoj Federacii. – 31 dekabrja, 2012. - № 53 (Chast’ II). a flexible system of providing non-governmental pensions to the employees in the company’s 6. Reshenie social’nyh problem – v prioritete RGSU. Interv’ju Natal’i Pochinok // Obshhestvenno- interests. politicheskaja gazeta JugTimes, vypusk ot 15 oktjabrja 2014. The employees will get co-financing of their contributions by the state, the right to inherit 7. Trudovoj kodeks Rossijskoj Federacii ot 30 dekabrja 2001 g. № 197-FZ // Sobranie pension savings both at the stage of accumulation and at the stage of payment, and additional zakonodatel’stva Rossijskoj Federacii. – 7 janvarja, 2002. - № 1. 8. Federal’nyj zakon ot 17 dekabrja 2001 g. № 173-FZ «O trudovyh pensijah v Rossijskoj protection of their rights through the institution of socjal partnership. Federacii» // Sobranie zakonodatel’stva Rossijskoj Federacii. – 24 dekabrja, 2001. - № 52. As far as non-governmental pension funds are concerned, attraction of new clients 9. Federal’nyj zakon ot 7 maja 1998 g. № 75-FZ «O negosudarstvennyh pensionnyh fondah» // exclusively on a voluntary basis will become their key objective. According to K.S. Ugrjumov, Sobranie zakonodatel’stva Rossijskoj Federacii. – 11 maja, 1998. - № 19. head of the National Association of Pension Funds, “It is also important to comply with the 10. Federal’nyj zakon Rossijskoj Federacii ot 28 dekabrja 2013 g. № 400-FZ «O strahovyh voluntary principle. These systems will not be enforced at the enterprises; they will be adopted pensijah» // Sobranie zakonodatel’stva Rossijskoj Federacii. – 30 dekabrja, 2013. - № 52 when concluding collective agreements – with the employees’ participation. But the principle (Chast’ I). 11. Maloletko, A.N. Kontrol’ i revizija: ucheb. posobie/A.N. Maloletko. -M.: KNORUS, 2006. -S. 93- itself – the employee and the employer pay and the state supports – is correct” [2]. 97. -312 s. The creation of the early non-governmental pension insurance system will ring up a new 12. Iljuhina G.I., Maloletko A.N. Upravlencheskij analiz v otrasljah. Konspekt lekcij i uchebno- type of activity for NGPF and will give an impulse to their development. And the offer of a metodicheskij kompleks/pod red. A.N. Maloletko. -M.: Paleotip, 2008 competitive pension insurance product financed from three sources will let them rise financial stability and investment attractiveness owing to the introduction of new funding sources. REFERENCE TO ARTICLE Bataev, V.V. & Pochinok, N.B. (2015) Creation of a System of Early Non-Governmental Pension References in English: Insurance in Russia, Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 5-11. DOI: 10.17922/2412-5466-2015-1-1-5-11. 1. ABC-Book for a Retiree. Interview with V.D. Roick // Russian Newspaper, 20 November 2008. 2. Ahead-of-Schedule and on a Share-Basis // Russian Newspaper, 05 June 2014.

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the place and importance of efficiency audit as an independent type or as one of the goals of auditing and possibilities of its application during state financial control of such authors as M.V. Melnik, E.I. Ivanova, V.S. Stepashin, etc. Therefore, nowadays it is important to study and Boboshko I.V. use, while adapting to the Russian reality, accumulated experience of state management in Postgraduate student, Department of Finance and credit, budgeting, aimed at results as well as implementing external financial control efficiency audit. Russian State Social University, Moscow. E-mail: [email protected] Main part. УДК 334.02 At a modern stage it is crucial to offer objectiveness of control, undertaken in terms of DOI 10.17922/2412-5466-2015-1-1-12-17 efficiency audit, since the threat of forming subjective valuations and primarily political could be of detriment to all the positive results of current type of control.1 As shown by international experience, efficiency audit is a prerogative of government bodies of external financial control, which is why its implementation into the practice of state Ways of improving efficiency audit of financial control requires development of a rigid and objective system of bodies of state financial control with legislative definition of bodies of internal and external control.2 in modern circumstances Legally, the term “external state financial control” is determined by Federal Law from 07.02.2011 №6 «About general principles of organisation and actions of controlling bodies of Russian Federation and municipal forms”. Division of control between internal and external is Receiving date: Preprint date: Taking to print date: a fairly common occurrence in foreign governments, especially in regards to organizing state 13.03.2015 30.03.2015 30.03.2015 financial control. The new law about improving state financial control and the responsibility Annotation: Signigicant reforms in the government sector of economic management is connected to for breaking budgeting laws, signed by the president of Russian Federation, Vladimir Putin, the goals of improving efficiency of government resources, valuation of completing programs with regard to which became active since January 1st 2014, changed Russian Budget Codex and introduced efficiency of solving socio-economic, ecological and other problems of development. In accordance with this, the terms of internal and external financial control. Federal subjects and control bodies on it has become more frequent in scientific literature and in practice to use different valuations of government a municipal level and internal – by main redistributors of budget means, Federal Treasury and and private organizations’ efficiency, including organization of control of economic efficiency. Nowadays the Russian Financial Supervision, will administer external financial control, according to the question of further improvement of state financial control as well as determining a place in it for efficiency audit as one of the more important types of state audit. new law. Objects of this control are financial bodies, government corporations, government Key words: effiency audit, financial control, standartisation of financial control. companies, economic entities, and companies with public organisations as their shareholders as well as commercial companies with such organisations as their shareholders.3 This way, Modernisation of state financial control objectively depends on the condition and potency bodies of state financial control conduct external state financial control in Russian Federation of state financial control, which is currently oriented on one hand towards increasing control in the legal system, with granted authority and necessary organisational and functional efficiency (i.e. efficiency of action, taken by state control officials) and on the other hand towards independence. Thus the law is granted control bodies with competence required to administer increasing efficiency of control after the use of financial resources and actions of government external financial control, including the right to analyse efficiency of the use of budget means, bodies.1 The question of increasing efficiency of state financial control is complex, the answer efficiency of the budget decisions, made by executive bodies. The rights of officials from state to which depends on a variety of factors, influencing efficiency: economy, productivity and financial control bodies that couldn’t be determined by regional legal system were cemented. fecundity. Attention should be paid to fecundity of state financial control, which is viewed just Also the law defines the basis of interaction of control bodies on all levels of public affairs. as efficiency of control in two aspects: fecundity of the use of government financial resources Other factors in increasing fecundity include solving existing problems in standartisation of and fecundity of control bodies’ actions. It is worth noting that the fecundity component of control, strengthening the effectiveness of financial sanctions, implementing and actively state financial control, unlike all other components significantly influences the condition of using technology, as well as separate types of state financial control such as efficiency audit state finances, and therefore it is quite important to review the tendencies of state financial and strategic audit.4 An important feature of state financial control development in modern control development in the aspect of increasing its fecundity. 2 circumstances is implementation and determining the meaning and place of state audit in it. Activity of state financial control bodies should be aimed not only at control of the legality of It should be said that there are different points of view and positions of representatives of managing state resources but also at valuation of rationality and efficiency of budget spending, the scientific society regarding the equality of these matters, nevertheless formation of state valuing fecundity of state investment. audit is a step towards improving state financial control to achieve goals of modernizing state This way, implementation and widespread use in activities of control bodies of Russian finances, set in order to increase fecundity of use of budget means.5 State financial control Federation in efficiency audit will serve improving management efficiency. is a lot broader in organization and methodology in conducting state audit, which doesn’t Government sector of economics has an array of features, affecting efficiency audit, therefore necessarily include all the elements of state financial control. According to the new law about it is crucial to improve the method of its operation. There is a large number of publications of state financial control and responsibility for breaking budget laws (from Jul 2nd 2013) authority both Russian and foreign authors about methodology of audit. Authors such as M.A. Azarskaya, O.A. Mironova, V.I. Petrova, R. Adams, A. Arens and others, as well as works, which research 1 Boboshko N. Fiscal safety in the system of economic safety //Innovational economic development. 2014.-№ 2(19).-P. 75. 2 Mironova O. Economic safety: problems and ways of implementing// Economics. Tax. Law. 2015.- No 1. Р. 81. 3 Ivanova E., Melnik M., Shleynikov V. Efficiency audit in market economics: KNORUS, 2010.- P. 328. 1 Boboshko I. Role of efficiency audit in increasing fecundity of state financial control//Innovational development of economics, 4 Rubcov I. Forming an accounting system in order to provide economic safety to an organization. Innovational economic 2014, № 5(22). – P. 75. development. 2014. -№6-1(23).- P .99-103. 2 Boboshko V. Control and audit.- М. UNITY-DANA, 2013. Р. 114. 5 Boboshko V. System of external financial control//Moscow MIA Herald 2012. No 11. P.113-115. 12 13 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 of efficiency audit of the use of state finances is held by the Accounting Chamber and control In order to yield results from efficiency audit, the following is necessary: bodies.1 This way, state audit differs from state financial control because the emphasis is shifted – an adequate and modern requirements from the system of accounting, including the towards efficiency audit of the use of budget means and state property. In a certain way the parameters of statements of government bodies about efficient use of government funds.1 increase in fecundity of control depends on the types of carried out financial control measures, – Objective conditions of switching to efficiency audit (legal base, authorisation of control one of which, potentially greatly important, is efficiency audit.2 bodies, methodology and qualified specialists) Efficiency audit is a relatively new form of audit, it’s a sector of science, the form of which is At the same time while developing certain measures in creating opportunities of efficiency constantly changing and has great potential. Efficiency audit (along with traditional financial audit applications there are reasons, which halt its implementation. Particularly: audit) must hold a dominant position in the structure of management in terms of state control – insignificance of the functioning period of market mechanisms in regulation and system, because its goal is to give assurance to the effective use of state resources. corresponding mechanisms of state control;2 Since the beginning of 1960s the role of this kind of audit, aimed at achieving economy, – a significant amount of financial violations in the use of government expenditure, which effectiveness and fecundity of operations in companies, focus on the most important and high- predetermines the solution of these problems;3 risk industries, has a mostly predicative (not reactive) character, is constantly increasing, and – absence of legally sound system of state financial control, with an accurate definition of now it is much more regarded in terms of conducted audits. functions and authority of control bodies. The appearance of efficiency audit as a special form of control could be traced back to 1970s, Conclusion when the term “audit efficiency” first appears in the Lima Declaration of Guidelines on Auditing This way reasons, explaining the role and significance of efficiency audit in terms of improving Precepts of state financial control.3 The declaration notes that aside from financial audit fecundity consist first and foremost in the fact that the object of current type of state financial (checking the assigned spending of means and financial statements), the importance of which control is not only the use of budget means, but the valuation of how economically, productively is obvious, there’s another form of control (its goal is different) to determine how effective and used were the financial resources of the government: frugal the expenditure of state finances is.4 This form of control not only includes the specific Positives of a widespread implementation of efficiency audit include: aspects of management, but also the whole management activity, including “organizational – introducing the best management tools and new management systems that help manage and management system”. Institutionalisation (theoretical and practical) of the new kind of costs more efficiently and economically; control actions is connected with the tendencies of improving the role of state finances in the – introducing new systems and mechanisms, helping improve functions of income collection; economy of developing countries; with developing systems of state financial control, when – increasing cost efficiency through changes in mechanisms of supply for government needs; control solely after the distribution and accounting of state expenditure doesn’t answer the – improving current instructions and manuals; needs of efficient government management, and lastly with the necessity of increasing the – decreasing the amount of wasteful spending, inefficiencies and corruption; efficiency of control systems, especially internal.5 – increasing the responsibility for the use of public funds; In the general picture of efficiency audit the use of resources presents itself as a transparent, – distribution of good management practices. legitimate review of the action of economic subjects in terms of the use of different means.6 Nowadays Accountancy Chamber of Russian Federation and control bodies administers A special form of audit of efficiency is efficiency audit of state expenditure, oriented at the efficiency audit. Significant problems in the realizing and conducting efficiency audit on control of budget processes at both the stage of distribution and delivery of state funds to its a modern stage are as follows: firstly, the underdevelopment of valuation methods of efficiency users and the valuation of efficiency, expedience and fecundity of state expenditure. Thus, the criteria, second, the question of practical solvency of violations and following recommendations, control of economic decisions (separate aspects of financial policies) is conducted, with regard formed due to efficiency audit measures. Just as important is the problem that the control to their fecundity. bodies of Russian Federation, are attempting to implement elements of efficiency audit, which is Audit of efficiency is different from targeted checks of government expenditure. Current obvious from the most used names of control activities, such as control of targeted and efficient form of control doesn’t include just the analysis of government projects and programs. There use of funds, during which there is no development of efficiency criteria. The approach, based should be a complex and inclusive analysis of reasons of ineffective use of government funds on the possibility of gradual implementation of efficiency audit elements is questionable, due based on recommendations on improving the budgeting process, active legislation and the to the fact that efficiency audit presents itself as a wholesome model with according necessary whole economic policy of the government.7 components. The budget system, ideally should be oriented not only to overview government funds, but also to achieve a certain, determined result; all while the current system includes the convergence References in English: of provision with resources of the budget organization and the results of its actions.8 1. Azarskaya M. Audit methodology and development of methodical provision of quality. Study. Yoshkar-Ola: LLC “String”,2009. – p. 196. 1 Azarskaya M. Audit methodology and development of methodical provision of quality. Study. Yoshkar-Ola: LLC “String”,2009. – 2. Boboshko V. Control and audit.- М. UNITY-DANA, 2013. p 114 p. 196. 3. Boboshko V. System of external financial control//Moscow MIA Herald 2012. № 11 pp.113- 2 Mironova O. Improving informational content of companies’ financial statements in times of recession//Audit journal. 2012. 115. -№1-2. – p. 4-12 . 4. Boboshko I. Role of efficiency audit in increasing fecundity of state financial control// 3 Zambaev H. Development tendencies of external state financial control in conditions of modernization of state finances. / Zambaev H. // Relevant questions about economics and management: international science conference materials: RIOR, 2011. – p.130- Innovational development of economics, 2014, № 5(22) – p. 75 133. 4 Kaurova O. Audit. Textbook. – Paleotype. 2008. –p. 184. 5 Financial credit system. Boboshko N., Proyava S. Texbook. -М.:UNITY-DANA, 2014.-p. 239. 1 Melnik M. Analysis and valuation of management systems in companies. М.: Finance and statistics.-1990. –p. 135. 6 Maloletko A. Control and audit. Textbook. – М. Paleotype. 2008. – p. 240. 2 Mironova O., Azarskaya M. Conceptual development of audit//Audit journal.- 2005.- № 11. p. 3. 7 Suyc V. Audit. Textbook. – М.: «Higher education». 2007.- p. 398. 3 Kaurova O., Kryukova Y. Internal financial control//Financial herald: Finance, tax, insurance, accounting. 2009. – № 1.- p. 8 Tax administration. Texbook. Mironova O., Hanafeev F. Yoshkar-Ola, 2013. Higher education in finance. – p. 418. 31-35. 14 15 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

5. Boboshko N. Fiscal safety in the system of economic safety //Innovational economic 14. Mironova O.A., Azarskaja M.A. Razvitie koncepcii audita//Auditorskie vedomosti.- 2005.- development. 2014.-№ 2(19).-p. 75. № 11. S. 3. 6. Zambaev H. Development tendencies of external state financial control in conditions of 15. Mel’nik M.V. Analiz i ocenka sistemy upravlenija na predprijatijah. M.: Finansy modernization of state finances. / Zambaev H. // Relevant questions about economics and i statistika.-1990. -135s. management: international science conference materials: RIOR, 2011. – pp.130-133. 16. Mel’nik M.V., Kogdenko V.G. Jekonomicheskij analiz v audite.Uchebnoe posobie.- M:. JuNITI- 7. Ivanova E., Melnik M., Shleynikov V. Efficiency audit in market economics: KNORUS, 2010.- p. DANA.2013.- 543s. 328. 17. Nalogovoe administrirovanie. Uchebnik pod red. Mironovoj O.A., Hanafeeva F.F. Joshkar-Ola, 8. Kaurova O. Audit. Textbook. – Paleotype. 2008. –p. 184. 2013.Ser. Vysshee finansovoe obrazovanie.-418s. 9. Kaurova O., Kryukova Y. Internal financial control//Financial herald: Finance, tax, insurance, 18. Rubcov I.V. Formirovanie uchetno-kontrol’noj sistemy v celjah obespechenija accounting. 2009. – № 1.- pp. 31-35. jekonomicheskoj bezopasnosti organizacii. Innovacionnoe razvitie jekonomiki. 2014. -№6- 10. Cross-country comparison of statistical indicators. Kaurova O., Maloleltko A., Umanova O., 1(23).- S. 99-103. Life Science Journal, 2003.T.10 №4. 19. Sujc V.P. Audit. Uchebnik. – M.: Izd-vo: «Vysshee obrazovanie». 2007.-398s. 11. Maloletko A. Control and audit. Textbook. – М. Paleotype. 2008. – p. 240. 20. Finansovo-kreditnaja sistema . Boboshko N.M., Projava S.M. Uchebnoe posobie. -M.:JuNITI- 12. Mironova O. Improving informational content of companies’ financial statements in times of DANA, 2014.-239s. recession//Audit journal. 2012. -№1-2. – pp. 4-12 . 21. Maloletko A.N. Sushhnost’ i soderzhanie jekonomicheskoj bezopasnosti innovacionnoj 13. Mironova O. Economic safety: problems and ways of provision// Economics. Tax. Law. 2015.- jekonomiki. -M.: RGUTiS, 2009 № 1 pp.79-83. 22. Maloletko A.N. Matrichnye tehnologii igr v kontrol’no-revizionnoj rabote//Trud i social’nye 14. Mironova O., Azarskaya M. Conceptual development of audit//Audit journal.- 2005.- № 11. p. otnoshenija. 2006. № 3. S. 131-136. 3. 15. Melnik M. Analysis and valuation of management systems in companies. М.: Finance and REFERENCE TO ARTICLE statistics.-1990. –p. 135. Boboshko, I.V. (2015) Ways of improving efficiency audit in modern circumstances, 16. Melnik M., Kogdenko V. Economic analysis in audit. Textbook.- М:. UNITY-DANA.2013.- p. Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 12-17. DOI: 10.17922/2412- 543. 5466-2015-1-1-12-17. 17. Tax administration. Texbook. Mironova O., Hanafeev F. Yoshkar-Ola, 2013. Higher education in finance. – p. 418. 18. Rubcov I. Forming an accounting system in order to provide economic safety to an organization. Innovational economic development. 2014. -№6-1(23).- pp .99-103. 19. Suyc V. Audit. Textbook. – М.: «Higher education». 2007.- p. 398. 20. Financial credit system. Boboshko N., Proyava S. Texbook. -М.:UNITY-DANA, 2014.-p. 239. 21. Maloletko, A.N. The nature and content of economic security of the innovative economy. –M.: RSUTSS, 2009 22. Maloletko, A.N. Matrix technology games in audit work//Work and social relationships 2006. № 3. pp. 131-136

References in Roman script: 1. Azarskaja M.A. Metodologija audita i razvitija metodicheskogo obespechenija ego kachestva: Monografija. Joshkar-Ola: OOO»String»,2009. – 196s. 2. Boboshko V.I. Kontrol’ i revizija. Uchebnoe posobie.- M. JuNITI-DANA, 2013.-311s. 3. Boboshko V.I. Sistema vneshnego finansovogo kontrolja//Vestnik Moskovskogo universiteta MVD Rossii. 2012. № 11 S.113-115. 4. Boboshko I.V. Rol’ audita jeffektivnosti v povyshenii rezul’tativnosti gosudarstvennogo finansovogo kontrolja//Innovacionnoe razvitie jekonomiki.2014.-№5(22).-S 74-79. 5. Boboshko N.M. Nalogovo-bjudzhetnaja bezopasnost’ v sisteme jekonomicheskoj bezopasnosti strany//Innovacionnoe razvitie jekonomiki. 2014.-№ 2(19).-S 74-79. 6. Zambaev H. N. Tendencii razvitija vneshnego gosudarstvennogo finansovogo kontrolja v uslovijah modernizacii gosudarstvennyh finansov / H. N. Zambaev // Aktual’nye voprosy jekonomiki i upravlenija: materialy mezhdunar. nauch. konf. M.: RIOR, 2011.-S.130-133. 7. Ivanova E.I., Mel’nik M.V., Shlejnikov V.I. Audit jeffektivnosti v rynochnoj jekonomike.- M: KNORUS, 2010.-328s. 8. Kaurova O.V. Audit. Uchebnoe posobie.- M.Paleotip.2008. -184s. 9. Kaurova O.V., Krjukova Ju.P. Vnutrennij finansovyj kontrol’ //Finansovyj vestnik: Finansy, nalogi, strahovanie, buhgalterskij uchet.2009.- № 1.- S. 31-35. 10. Cross-country comparison of statistical indicators. Kaurova O.V., Maloletko A.N., Umanova O.S., Life Science Journal, 2003.T.10 №4. 11.Maloletko A.N. Kontrol’ i revizija. Uchebnoe posobie.- M. Paleotip. 2008.-240s. 12. Mironova O.A. Povyshenie informativnosti otchjotnosti organizacij v uslovijah krizisa// Auditorskie vedomosti. 2012. -№1-2.-S. 4-12 . 13. Mironova O.A. Jekonomicheskaja bezopasnost’: problemy i puti ee obespechenija// Jekonomika. Nalogi. Pravo. 2015.- № 1 S.79-83.

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region economy over the years and most of the parameters. Over the past ten years 52% of the dynamics of Stavropol Territory economic growth were higher than the Russia’s average. Most steady growth over the years showed real incomes of the population, retail turnover and gross Durdiyeva J.A. regional product (GRP), which average annual growth rate over the past nine years exceeds the Сandidate of Economic sciences, the associate professor, deputy director Russia’s average by more than 1.7 percent points (Table 1). for science, Russian State Social University, branch in Pyatigorsk. At the same time the dynamics of some parameters of socio-economic development of the E-mail: [email protected] Stavropol Territory reveal a pronounced instability – the years of high growth are interspersed Avanesova A.E. with years of absolute decline. These declines were recorded in 19% of cases, most of which falls Сandidate of Economic sciences, the associate professor of economy and the on the dynamics of agricultural production and construction, and particularly direct foreign financial right, Russian State Social University, branch in Pyatigorsk. investments. As a result, average annual growth rate of certain parameters of the regional E-mail: [email protected] economy were dominated by national average, as the dynamics of GRP (GDP) and general and Bugaev O.N. five of the eight remaining parameters analyzed. Сandidate of historical sciences, the associate professor of economy and the financial right, Russian State Social University, branch in Kislovodsk. Table 1 E-mail: [email protected] Analysis of the dynamics of gross regional product of Russia, North Caucasian Federal District, УДК 332.1 DOI 10.17922/2412-5466-2015-1-1-18-28 Stavropol Territory for 2006-2012 Indexes 2006 2007 2007 2009 2010 2011 2012

Gross Regional Product: Assessment of the potential of sustainable social economic RF subjects (in current 18034,3 22492,1 27963,9 33908,7 32007,2,5 37398,5 45224,2 development of the regions process) (blrd.rub.) 100,0 *124,7 *124,3 *121,2 *94,3 *116,8 *120,9 NCFD (mil.rub.) 352070,0 457117,5 573220,1 728230,9 786670,9 887605,6 1070102,0 100,0 *130,6 *125,4 *127,0 *108,0 *112,8 120,5 Receiving date: Preprint date: Taking to print date: Stavropol Territory (mil.rub) 146569,3 181675,1 222239,6 274992,0 277251,0 316889,9 382519,2 13.03.2015 27.03.2015 30.03.2015 100,0 *141,2 *148,6 *137,9 *100,8 *114,2 *120,7

During the period of dynamic economic policy of Russia, considering the difficult foreign * – Chain growth rate in %. Annotation: policy situation, it is relevant and important to study the potential of sustainable development of regional Source: auth. calculations (based on the Federal State Statistics Service) economic systems as a fundamental basis in identifying internal resources of economy management. Sustainable development involves the simultaneous solution of diverse and largely controversial issues According to the Ministry of economic development of the Territory gross regional product in of economic growth on condition of maintaining the quality of the living environment, which should be 2012 was 382,5 billion rubles, with a growth rate of 107,1% compared to 2011, which is higher evaluated primarily from the point of environmental and social issues. than the rate of Russian GDP by 3 percents; calculating the volume of GRP per capita amounted On the basis of a systematic approach the following specific methods were used in the research: to 137,2 thousand rubles, an increase of 116,3% compared to 2011. computational and analytical, economic and management analysis, theory of limiting values, statistics, structural logic and economic-mathematical modeling. In the structure of gross value added of the Territory 20,4% goes for industry, 21,1% The results obtained make a definite contribution to the scientific theory and practice, expanding body -wholesale and retail trade, 11,1% – agriculture, 7,6% – construction. of knowledge concerning the development of the methodological framework for assessing and managing the Next, we show the results of the Stavropol Territory development in the following years potential for sustainable development of regional socio-ecological-economic systems. (from 2011 to 2013 years). In terms of a complex program of the regional development it was Key words: stability, investment, business environment, property support. planned to perform the implementation of 105 events in 2013. In due time the implementation Stavropol Territory is situated in the heart of Caucasus – between Europe and Asia, the Black of 99 events was performed, 6 events that ran during the past year failed. and Caspian Seas. The Territory is bordered by eight regions of the Russian Federation, border In 2012, an active policy to create jobs was carried out, which led to the lowest in the length is 1753 km. The territory is 66.2 thousand sq. km. (0.4% of the territory of the Russian North Caucasus Federal District and South Federal District the general level of unemployment Federation), the population – 2707.2 thousand people. (1.9% of Russia’s population), of whom on the methodology of the International Labour Organization. The number of officially 56.4 percent live in urban areas, 43.6 percent – in rural areas. Population density – 41 people registered unemployed in the region now stands at 18,500 people. By the end of December per 1 sq. km, which is almost five times the average density in the Russian Federation. 2013 unemployment rate was 1,3 percent compared to 1,8 percent in December 2012. Much The administrative center – the city of Stavropol, with the population 364,000 people. has been done to increase the living rate of the population. Real per capita income increased Adopted in the Territory system of administrative and territorial units includes 19 cities and by 14,1 percent during the year. The objectives of the “May” Decrees of the President Vladimir 26 municipal districts, together with 10 cities of regional importance, 6 workers’ settlements, Putin are fully complied, the increase in salaries to teachers of general education institutions, 1 resort village, 736 other settlements. teachers and health workers preschools are on time and in the planned volumes. A comparing the main parameters of the dynamics of socio-economic development of the Thus, the average salary in the economy of the region at the end of the year 2013 is Stavropol Territory, North Caucasus Federal District and Russia shows quite stable growth in the 18,937 rubles. The average salary of doctors – 23 698 rubles (to the level of growth in 2012 – 18 19 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

127%). Teachers’ average salary increased during 2013 by almost 1.5 times and amounts to term strategic guidelines, the Territory necessarily needs to achieve a ten percent growth of 16,364 rubles. this indicator. In 2012, the organizations of all types of property directed to the development Income growth immediately led to the recovery in the consumer market. Retail trade turnover of regional economy 106,7 billion rubles of investments with an increase of 9,7% compared exceeded 396 billion rubles, which is by 15,6 percent higher than in 2012. The volume of paid to the previous year. According to analysis of 2013 over 122 billion rubles of investments services amounted to 99,3 billion rubles, or 116,3 percent of 2012 levels. were drawn to the development of the regional economy and growth of this figure is at In 2013, the social orientation of the expenditure part of the consolidated budget of the 17 percent. Territory is maintained. In the structure of its execution 26,6 percent is directed to education, In the priority of the Complex Plan – maximal usage of federal programs. It is necessary 20,2 percent – social policy, 18,6 percent – on healthcare. to clearly understand what other programs must be activated to increase the amount of Increased the number of places in preschool educational institutions of the Territory to federal funds in the Territory. And here it was possible to achieve positive dynamics. If in almost 7,000 due to conversion, overhaul, the development of variant forms of preschool 2012 the Territory received 3.8 billion rubles from the federal budget for the implementation of education. 15 programs, in 2013, respectively – 7,2 billion for 20 programs, it is already planned to attract It is very important that for the first time in 20 years, the Territory showed the natural growth about 10 billion to 21 programs in 2014. of the population (1,372 people). In 2013 more than 35 thousands of children were born. That’s In the past year, attracting budget funds of all levels for capital construction facilities will almost 2,000 more than in 2012. Mortality decreased by two and a half percent. complete the construction of 75 objects, including building and reconstruction of 4 kindergartens It also speaks of “the right course” of social policy, which was chosen by the regional for 310 seats, 4 schools for 231 pupils seats, FAPs for 25 visits per shift, outpatient clinics, sports government. and recreation complex, 2 nature protection objects, the water supply network length of 71,7 km, But this does not mean that the regional executive power was not engaged in economic gas distribution networks – 43,8 km, over 12,2 km of roads of regional and local significance, development and increasing investment attractiveness of Stavropol Territory, otherwise it would 5 boilers with a total capacity of 2141,9 kW and a number of other objects. be simply impossible to collect funds to any social obligations. Therefore a set of measures to In addition, last December a state program of development of the North Caucasus Federal modernize the region’s economy, develop innovation and nanotechnology was implemented. District was adopted until 2025, with total funding of about 2,5 trillion rubles, and more than A long-term investment program of almost 5 billion rubles was maintained, with the main a quarter of the funds, namely almost 700 billion rubles (including extra-budgetary sources) will emphasis on the construction of social facilities and infrastructure for production facilities to be spent on development of the Stavropol Territory. be built, including the framework of regional industrial parks. This will allow implementing of 31 projects in the education sector, 19 projects of municipal Only in 2013, four regional industrial park were created, 4 resident projects registered worth engineering infrastructure 17 – healthcare, 15 – transport infrastructure, 7 – preserving natural 13,6 billion rubles were registered, the number of new jobs – more than 1 thousand. All in recreation resources and 8 – aimed at equipping parkland resort towns. Total – more than all, since 2011, the Territory has 12 regional industrial parks: industrial, petrochemical, agro- seventy investment projects which are in priority for the regional economy, including 40 – in industrial, pharmaceutical specializations and one tourist and recreational regional park. the resort and tourist area. 20 residents with projects worth about 35 billion rubles were registered and the planned Particular attention is paid to the Caucasus Mineral Waters, which are included in the tourism number of new jobs – about 9000. cluster of the North Caucasus. In collaboration with the federal government the investors were given tangible support. And if now the resorts of Caucasus Mineral Waters are annually visited by about 800,000 people, Last year, four investment projects were financed by the Investment Fund of the Russian there are plans to double this figure. Due to the new opportunities of the Territory revealed by the Federation. These projects involve the development of regional industrial park and the launch tourist cluster, a modern tourist complex on 4,5 thousand places and objects of transport, social, of a metallurgical plant in Nevinnomyssk, construction of a gas processing Northern Caspian engineering and innovation infrastructure will be built. In addition, the creation of scientific complex in Budennovsk and organization of production of dosage forms of antibiotics in medical clinical-diagnostic and rehabilitation center is planned. It should be equipped with Stavropol. The total amount of the investment costs for the period of their implementation will the most modern equipment for medical diagnosis and treatment purposes, on the basis of the be about 16 billion rubles, including sums of Investment Fund – more than 3,2 billion rubles, modern year-round resort and tourist complex “Grand Spa Yutsa.” The total project cost is about and the amount of co-financing from the regional budget – more than 415 million rubles. The 9 billion rubles. project will create 4,5 thousand temporary jobs and 650 permanent. Stavropol Territory will get very serious additional abilities to further economic growth. The initiators of two more projects were able to credit under the state guarantees of the Russian In this case, the economy continues to increase the amount of innovation component. A Federation. Thus, in the North Caucasus Federal District government guarantees received so far project to build Southern Nanotechnology Center in the Stavropol Territory is launched. The only four subjects, including two projects of Stavropol Territory, and one – Kabardino-Balkaria total budget for the project – more than 1,3 billion rubles. The amount of funding from the Fund and Karachay-Cherkessia. In the Stavropol region it is CJSC “Hydrometallurgical plant” and LLC for Infrastructure and Educational Programs of JSC “RUSNANO” – 803,3 million rubles. To date, “StavStal.” The total amount of state guarantees for them amounted to 3,5 billion rubles. construction work worth more than 155,7 million rubles. Last year alone, the Territory implemented six large investment projects. The total investment The region has built a system of electronic inter-agency cooperation in providing 107 federal cost is about 22 billion rubles, created more than 260 new jobs. services and 20 municipal services in each municipality. The creation of 24 regional electronic This is evidence that the Stavropol Territory, with its huge resource potential and a complex services of interagency cooperation is completed. Provided access of executive authorities and system of state mechanisms of investment activity – is objectively a promising area for local governments to 58 federal electronic services. investment in the real economy. Regional public information systems “Regional Register of public services (functions)” and Therefore, the Government of the Territory set a goal to lead the region into ten subjects – “Portal of state and municipal services (functions) provided by (performed by) the executive the leaders of the Russian Federation in terms of attracting investment. Based on the long- authorities of the Stavropol Territory and local governments of municipalities of Stavropol

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Territory” are functioning. The portal has information about 180 public services, 29 state For eleven months of the last year, a positive net financial result (profit minus losses) of large control (supervision) functions and more than 1 thousand municipal services (functions of and medium-sized companies amounted to 26,9 billion rubles. A profit of 39,6 billion rubles municipal control). received 79,6 percent of the observed regional organizations. For comparison, in 2012 the share In the resort city of Yessentuki, Stavropol Territory, Budennovsky, Izobilnensky, Levokumsky, of profitable enterprises was 75,8 percent. Novoaleksandrovsky municipal districts of the Stavropol Territory multifunctional centers As a result, in December, the international rating agency “Fitch Ratings CIS Ltd.” assigned providing public and municipal services (hereinafter – MFC) are created. Providing more the Territory the long-term international credit rating at “stable”. This year for the first time in than 70 state and municipal social services in the areas of land and property relations, urban the past eight years, it went up by 2 points. This was due to the fact that the region has managed planning, business regulation, cadastre and determining the civil legal status of the applicant to balance the credit policy of the last year and built a systematic model of sustainable socio- are organized on their basis. economic development of the region in 2014. Analysis of the work of MFC in the city of Stavropol and the resort city of Kislovodsk for The main results of the social economic development of the Stavropol Territory in the I half 2013 shows the demand for such services by the population. So, by the end of 2013 the number of 2014. of addressings of citizens to multifunctional centers increased by 4 times compared with the The regional economy is gaining pace of development, leaving the pre-crisis positions beginning of 2013 – 4250 and 17,440 per month, respectively. In this regard, the Ministry of and largely improves. According to the results of 2013 the volume of GRP (estimated) will be Economic Development of the Stavropol Territory, together with the Ministry of Housing and 444,8 billion rubles, an increase of 3,6 percent from 2012 levels. At the same time over the past Utilities of the Territory studied the issue for the organization of payment for utility services on three years (2010-2012 years), the average annual GRP growth above the national average was the principle of “one window” based on the MFC. of 0,2 percentage points. Measures have been taken to attract offices of the North Caucasus Bank JSC “Sberbank of Amount of exported own-produced goods, works and services during the 1st half of Russia” in small settlements of Stavropol Territory to serve MFC. For this purpose, in January 2014, 2014 reached 208,4 billion rubles, which is 8,1% higher than in 2013. a workshop was held in together with the Ministry of Energy, Industry and Communications of Industrial complex of the Territory shows strong growth. The volume of goods by industrial the Stavropol Territory and the North-Caucasus bank “Sberbank of Russia”. Information on the activities that was shipped increased by 10,8% compared to the level of January-June 2013 and basic parameters of the layout MFC was sent chairman of the North-Caucasian bank “Sberbank amounted to 114,1 billion rubles. Industrial production index – 103,7%. of Russia”. In agriculture, there is also growth in the volume of production; in January-June 2014 it Conditions for the access of small and medium-sized businesses to credit through guarantees amounted to 30,3 billion rubles, which is 13,9% more than in January-June 2013. and microfinance were created. Organizations of different forms of ownership in the 1st quarter of 2014 contributed to the By the end of 2013 Guarantee Fund provided guarantees for loans to 139 small and medium development of the regional economy 13,4 billion rubles, an increase of 1,2% compared to the businesses to the amount of 1,4 billion rubles. The economy of the region attracted more than same period of 2013. 2.7 billion rubles in loans. In the first half of 2014 the “Construction” industry performed works on 18,3 billion rubles, Microfinance Fund granted 549 microloans to small and medium-sized businesses to the or 1,5% more. Enacted 492,9 thousand sq. meters of residential buildings – 98,5% compared to amount of 284.5 million rubles. January-June 2013. All in all, the existing measures of state support were generally used by more than 500 small Nominal per capita cash income of the population of the region in January-June and medium-sized enterprises of the Territory. In 2013, the state support was provided on 2014 amounted to 16113,3 rubles and increased compared to January-June 2013 by 18.1% and 7 mechanisms totaling on the sum of 540 million rubles, which will allow annually receiving in real terms – by 11,9% . about 250 million rubles in tax revenues to the budgets of all levels and creating about 500 new The average monthly nominal wages in January-June 2014 amounted to 18823,4 rubles compared jobs. with the corresponding period of the previous year increased by 13.1%, the real – by 6,1%. In general, the implementation of priority actions of the regional Government to ensure The consumer price index in January-June 2014 amounted to 103,8% (106,7% in the same stabilization in key sectors of the economy, allowed to reach the pre-crisis positions, and in period of 2013). many ways to improve them. The increase in real incomes and the decline in consumer prices had a positive impact on the It is expected that by the end of 2013 the volume of GRP will be 415 billion rubles, an increase dynamics of the purchasing ability of the population. of 5,5 percent from 2012 levels. At the same time over the past three years (2010-2012 years), For the 6 months 2014 retail turnover was formed in the amount of 195,8 billion rubles, the average annual GRP growth was above the national average of 2.1 percent points. which is 6,1% more than in January-June 2013. The turnover of public catering – 12,4 billion And this, despite the difficult situation in agriculture. There was a decrease of the total rubles, or 8,7% more than in the corresponding period last year. volume of agricultural production: it amounted to 103.6 million rubles, or 81,1 percent Since generally positive trends in socio-economic development of the region prevail, this compared to last year. gives grounds to predict GRP growth region in 2014. At the same time the industrial complex of the Territory shows active growth. Index of It is expected that by the end of 2014 GRP will be 487,7 billion rubles, an increase of 3,2% industrial production for the year increased from 95,2% in January to 109,4 percent in December compared to 2013. 2013. On average, at the end of 2013 this index was 100,7 percent. Therefore, the most important task in the 2014-2015 – transfer from successful macroeconomic Construction sector by the results of the last year recorded 10 percent growth. Scope of indicators of socio-economic development of the region to the well-being of each family of works amounted to 44,7 billion rubles. Stavropol Territory. During the same period, compared to the same period of 2012 turnover of transport Based on these settings, and recent advances, the Territory is able to provide a decent enterprises increased by 14,4 percent and amounted to 4479,2. Ton-km. performance in all areas in 2015.

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Above we have presented the results of the analysis of economic development of the Table 3 Stavropol Territory in the period from 2004 to 2013 and evaluation indicators characterizing Housing in the Stavropol Territory the level of socio-economic development of the region over the years. 1980 1990 1995 2000 2006 2009 2010 2011 2012 2013 Since generally positive trends dominate in socio-economic development of the region, this gives grounds to predict GRP growth in 2014. As was mentioned, at the end of 2014 the expected Total housing area, mln. 33.6 45.9 46.3 49.4 53.8 57.4 57.9 59.2 60.6 61.8 sq. м. volume of GRP will be 487,7 billion rubles, an increase of 3,2% compared to 2013. including: Table 2 Urban area 16.7 23.2 25.1 28.4 30.7 33.4 33.7 34.8 36.0 36.9 Dynamics of the main socio-economic indicators of the Stavropol Territory (cost parameters in Rural area 16.9 22.7 21.2 21.0 23.1 24.0 24.2 24.4 24.6 24.9 constant prices; as a percentage of the previous year)1 Average provision of 13.2 15.8 17.5 18.6 19.8 21.2 20.8 21.3 21.8 22.1 population with housing, 1995 2000 2006 2009 2010 2011 2012 2013 sq. м per one person Population (by the end of the year) 101.0 100.0 100.2 100.3 100.4 100.3 100.1 100.1 Annual employment rate1 … 101.5 103.1 100.9 99.9 101.6 100.7 … Source: According to the materials of the Territorial Department of the Federal State Unemployment rate (by the end of the 161.2 75.7 74.3 122.5 109.0 79.7 88.0 90.2 Statistics Service of the Stavropol Territory year) Thus, the index of industrial production at the end of 2013 amounted to 104,4%, including by Number of unemployed, registered in в25.6р 45.4 138.8 123.0 114.8 77.0 93.3 73.4 economic activity: “mining” -96,6% “manufacturing” -104,5%, “the production and distribution State employment organizations (by the of electricity, gas and water “-105,8%. Agricultural output in 2013 amounted to 97,2 billion rub., end of the year) which is 15,4% more than in 2012. For 2012 the growth rate of agricultural production was 3,4%. 2 Number of retired (by the end of the 102 99.9 100.1 100.1 100.5 102.4 100.9 100.9 Transport organizations for 2013 transported 12049,8 thousand Tons of cargo, which is 18,3% year) more than in 2012. Real income of the population 84.6 113.1 117.3 103.5 102.7 108.1 102.9 112.3 Source: According to the materials of the Territorial Department of the Federal State Real expenses of the population 87.7 120.0 114.7 109.5 103.1 108.1 106.4 113.1 Statistics Service of the Stavropol Territory Real per capita monetary income 85.8 112.5 116.6 102.5 103.2 112.2 108.8 102.0 Table 4 Real salary per capita 74.0 122.4 106.1 110.4 101.4 102.6 103.4 114.0 Pre-school organizations Real monthly pensions (by the end of the 83.0 136.4 113.3 106.6 124.3 111.3 104.1 103.9 month) 1985 1990 1995 2000 2006 2009 2010 2011 2012 2013 Gross Regional Product 96.5 106.5 108.3 107.7 97.7 104.5 106.7 … Number of pre-school 1159 1158 1003 866 825 806 807 804 811 816 Basic funds in the economy 98.5 103.8 106.3 109.5 106.8 106.0 109.1 … organizations including: Index of labor productivity … … … 106.9 98.0 101.9 105.9 … Index of industrial production3 91.9 110.9 108.7 101.0 101.4 109.7 105.1 100.7 Urban area 463 472 415 372 353 355 359 364 365 367 Rural area 696 686 588 494 472 451 448 440 446 449 Agriculture production 93.0 102.6 109.6 112.5 90.8 103.4 116.3 81.1 Number of children in 144.7 138.8 96.8 78.8 82.2 89.2 91.7 94.7 99.1 106.8 including: pre-school organizations, Crop products 105.2 102.8 113.2 116.6 85.5 105.9 122.2 72.0 thousand pers. Cattle products 85.7 102.5 103.2 102.9 103.0 99.3 104.2 102.2 including: Introducing residential areas 104.3 85.7 108.2 112.6 101.3 102.1 115.1 105.2 Urban area 84.4 78.2 55.7 49.3 51.8 57.2 58.2 60.4 63.2 67.3 Cargo volume 88.9 121.8 98.7 99.4 86.2 57.5 108.3 115.2 Rural area 60.3 60.6 41.1 29.5 30.4 32.0 33.5 34.3 35.9 39.5 Amount of public transport 97.2 95.0 76.1 92.9 89.8 91.2 … … Provision of pre-school … 551 528 610 543 507 492 488 495 … Retail trade amount 92.8 114.7 114.4 111.5 101.0 112.6 113.0 115.6 seats in pre-school organizations, seats per Catering amount 68.9 128.5 118.7 117.9 94.4 106.8 103.5 117.4 1000 children Paid services 73.6 106.0 119.0 101.8 100.5 105.7 106.8 115.2 including: Investments to basic capital 115.6 171.6 118.2 117.9 96.0 108.6 101.2 110.5 Urban area … … 578 661 589 538 524 516 526 … Rural area … … 481 556 494 483 475 456 459 … Source: According to the materials of the Territorial Department of the Federal State Children of 1-6 years 65.2 58.6 47.6 49.8 51.4 53.4 52.8 50.8 52.3 … Statistics Service of the Stavropol Territory under pre-school education, % 1 Balance of labor resources. 2 Since 2002 – according to data of Pension Fund of RF (until 2002 – data of former Labor Ministry of Russia). Number of children, … 13852 7499 2383 14434 37422 48546 53088 51261 46572 3 Aggregated production index on types of economic activity “Mining”, “Processing industry”, “The production and distribution registered for the pre- of electricity, gas and water “Source: According to the materials of the Territorial Department of the Federal State Statistics Service of school organizations, pers. the Stavropol Territory. 24 25 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

Source: According to the materials of the Territorial Department of the Federal State • redundancy of labor resources; Statistics Service of the Stavropol Territory • concentration of electricity generation capacity • significant mineral resources. Table 5 However, as has been shown, a number of socio-economic development indexes of the Medical and recreation institutions and medical personnel in Stavropol Territory Stavropol Territory convincingly demonstrate that, despite the competitive advantages of its 1995 2000 2006 2009 2010 2011 2012 2013 resource potential is not fully realized. In accordance with the Strategy of socio-economic development of the Stavropol Territory Number of medical institutions 198 177 183 86 89 79 79 77 until 2020 and until 2025 the main priorities of the social development of the region due to Число больничных коек: the task of building the welfare state in Russia with an innovative economy and civil society. всего, тыс. 25.8 23.6 24.3 22.4 22.3 21.7 21.3 21.5 In order to achieve these objectives the social conditions in which there is a resident of the на 10000 населения, коек 95.8 86.1 89.8 82.8 80.1 77.9 76.4 77.2 Stavropol region are analyzed, determined by the level of social services, to be achieved by 2025. Number of medical ambulatory care 363 337 368 111 129 117 120 103 The main priorities in the field of regional economic policy are: clinics • creation of a new competitive economy; Capacity of medical ambulatory care • transition from branch to territorial cluster approach in the management of economic clinics, visits per shift: development; Total, thousand. 45.0 44.3 48.8 51.0 52.3 54.6 53.6 59.7 • creation and development of “growth poles” of the federal and regional significance, For 10000 people, visits 167.3 161.7 180.1 188.5 187.9 196.3 192.2 213.9 ensuring the implementation of major investment techniques and strengthening of the Total number of doctors, 11.9 11.8 12.3 12.1 12.9 11.0 11.3 12.5 economic potential of the Stavropol Territory on the basis of the concentration of financial, thousand persons labor, administrative and managerial resources; For 10000 people 44.1 43.1 45.5 44.7 46.4 39.5 40.5 44.8 • support the reorientation of small and medium businesses in the construction industry and Total number of nursing staff, 25.9 24.2 24.9 24.4 25.5 25.7 25.2 26.4 in terms of dominance of retail chains; thousand persons • introducing subcontracting to small and medium-sized businesses in the performance of For 10000 people 96.1 88.1 91.7 90.2 91.6 92.2 90.5 94.7 complex projects and programs. In the area of innovation policy: Source: According to the materials of the Territorial Department of the Federal State  Stimulating technological structure change in industrial production; Statistics Service of the Stavropol Territory  Priority support of projects based on innovative technologies, including usage the tools of Despite the above mentioned achievements, in the social sphere of the Stavropol Territory public-private partnerships; there are many trends characteristic of Russia as a whole. The high level of poverty is still  The creation of favorable conditions for the implementation of research and development, a serious problem of the Territory. Despite the fact that in the period from 2007 to 2013 the technology transfer and commercialization of innovations. region shows a strong tendency to reduce the proportion of the poor, this figure is higher than In the field of investment policy: the Russian average. This is due, primarily, to a significant proportion of the rural population. • Creation of favorable conditions for attracting to the Stavropol Territory direct strategic Tables 3-5 show the data describing the living conditions of the population of the region, the investors; number of preschool institutions and health agencies aimed at the Territory residents. • Development of effective investment infrastructure, creating regional investment network; Further we shall carry out evaluation of an integral component indicators of the resource • increased investment activity of municipalities of the Stavropol Territory. potential of the economy of the Stavropol Territory for the period from 2006 to 2013 in All mechanisms for the implementation of the Strategy should be aimed at changing the accordance with the procedure set forth above. model of economic growth based on fundamentally different economic and technological We analyzed the economic development of the Stavropol Territory in the period from 2006 to priorities, methodological basis which contributes and we have developed methodological tools 2013 and evaluation indicators characterizing the level of socio-economic development of the for assessing the potential of sustainable socio-economic development of the region. region over the years (Table 6 – 7). Our analysis of the dynamics of economic development of the region under study indicates References in English: quite stable economic growth over the years and on most of the parameters. 1. Zenchenko, SV Regional economic development: theoretical and methodological aspects The results of the analysis show a steady trend of growth in gross regional product (GRP) of evaluation / V.I. Berezhnoy, S.V. Zenchenko, M.P. Pashenco. – Stavropol: Shpakovskaya during the analyzed period. The growth rate of it in 2013 relative to 2004 was 240%, which printing house, 2009. 2. The official website of the Ministry of Economic Development of the Stavropol Territory. exceeds the value of this parameter the average in Russia and the North Caucasus Federal Access mode http://www.stavinvest.ru/ District. 3. The official website of Regional Development. Access mode http://www.minregion.ru/ The analysis of socio-economic development of the region showed that on the whole the 4. The official website of the Federal State Statistics Service. Access mode http://www.gks.ru/ Stavropol Territory has competitive advantages, among which the main are: 5. 138. The official website for the Center for Industrial and Investment Studies IMEMO. Access • advantageous geographical location and developed transportation network; mode http://www.imemo.ru/ • unique integrated recreational resources; 6. Kryukova E.M., Vetrova E.A., Maloletko A.N., Kaurova O.V., Dusenko S.V. (2015) Social- Economic Problems of Russian Mono-Towns. Asian Social Science, 11(1), 258-267 • favorable conditions for the development of agro-industrial complex;

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7. Maloletko A.N., Kaurova O.V., Yumanova O.S. Problems influence investment in the hotel business of the Crimea//Financial Analytics: problems and solutions. -2014. -№ 24. -pp. 38- 43 8. Maloletko A.N., Kaurova O.V., Problems influence investment in the hotel business of the Crimea//Financial Analytics: problems and solutions. -2010. -№ 7-8. -pp. 23-27 Dzhibabov M.R. Postgraduate student, Department of civil law and process, References in Roman script: Russian State Social University, Moscow. E-mail: [email protected] 1. Zenchenko, S.V. Jekonomicheskoe razvitie regiona: teoretiko-metodologicheskie aspekty УДК 339.18 ocenki / V.I. Berezhnoj, S. V. Zenchenko, M. P. Pashhenko. – Stavropol’ : Shpakovskaja DOI 10.17922/2412-5466-2015-1-1-29-36 tipografija, 2009. 2. Oficial’nyj sajt Ministerstva jekonomicheskogo razvitija Stavropol’skogo kraja Rezhim dostupa http://www.stavinvest.ru/ 3. Oficial’nyj sajt regional’nogo razvitija RF Rezhim dostupa http://www.minregion.ru/ 4. Oficial’nyj sajt Federal’noj sluzhby gosudarstvennoj statistiki RF Rezhim dostupa http://www. Socio-economic problems of franchising in Russia gks.ru/ 5. Oficial’nyj sajt Centra promyshlennyh i investicionnyh issledovanij IMJeMO RAN // Rezhim dostupa http://www.imemo.ru/ Receiving date: Preprint date: Taking to print date: 6. Kryukova E.M., Vetrova E.A., Maloletko A.N., Kaurova O.V., Dusenko S.V. (2015) Social- 13.03.2015 27.03.2015 30.03.2015 Economic Problems of Russian Mono-Towns. Asian Social Science, 11(1), 258-267 7. Maloletko A.N., Kaurova O.V., Jumanova O.S. Problemy investicij vlijanija v gostinichnyj Annotation: The article deals with socio-economic problems of franchising in Russia. Identify the main biznes Kryma//Finansovaja analitika: problemy i reshenija. -2014. -№ 24. -S. 38-43 reasons that prevent this economic instrument to develop in our country. A comparative analysis of the 8. Maloletko A.N., Kaurova O.V. Ocenka ob#emov tenevoj jekonomiki industrii turizma developed and developing countries, where this method of doing business successfully works. The article also i gostepriimstva regiona//Finansovyj biznes. -2010. -№ 7-8. -S. 23-27 offers solutions to the development of franchising in the Russian Federation. : franchising, the franchisor, franchisee, franchise, commercial concession. REFERENCE TO ARTICLE Key words Durdiyeva, J. A., Avanesova, A. E. & Bugaev, O. N. (2015) Assessment of the potential of In the Russian market, franchising is a new form of doing business. This concept is more sustainable social economic development of the regions Contemporary Problems of Social and more popular among businessmen, so many people want to know the legal regulation of Work, Vol. 1. No. 1. 2015. P. 18-28. DOI: 10.17922/2412-5466-2015-1-1-18-28. franchising. This way of doing business primarily attracted the attention of entrepreneurs who have just started their business. When the owner has worked enough time in a particular field, has accumulated enough experience in this area, has enough skills and knowledge of this area, has a desire to grow, to move on, have the financial capacity, the creation of their own successful enterprise looks absolutely logical. To had conceived an even larger percentage of success, this can be done under the auspices of a large company that has vast experience in the market and the business scheme, which is accumulating for years. Franchising is one of the most important components of the “budding entrepreneur” in many European countries (Sweden, France, America, etc.). The main essence of this economic instrument is that one firm allows another to operate under its name, using methods and communication first. The first company called the franchisor, and the second franchisee. As you might guess from the foregoing, in the role of the franchisor acts more successful and large company, and in the role of franchise start-up companies. The rights granted to its own brand, called the franchise. [1] Russia has many economic challenges, which require new methods and new economic mechanisms. Franchising is one such mechanism. This economic tool increases the efficiency of small business. This is what our small businesses need at this time. It joins together small and large businesses very correctly and subtly. The history of the development of franchising abroad is quite rich. This tool is used abroad for half a century. It was first used by Zinger for sale sewing machines. Interest in Russia to franchise appeared in the 90s. At that time, there were a few franchise systems. At first, there were huge expectations for this economic instrument, but they did not materialize. There were problems that prevented the development of franchising. This paper analyzes the causes that led to these problems. We must begin with an accurate study of the basic concepts and definitions that characterize the tool. In our literature, the term “franchising” has appeared more than 11 years ago, when the first studies on it have been published. They are experts drew attention to the very concept and its aspects, thereby formulating their own definitions in the papers. [2]

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Franchising is booming , because it combines the personal incentive of ownership There are also the so-called organizational and legal problems. At present, Russia has many with management and technical skills of big business . It is important to understand – for problems are concentrated in the field of law. Franchising is a system of relations, which is entrepreneurs , franchising offers a quick path to growth , that given they ready case. It is based on a system of contractual relations. This requires a clear and serious legal framework to important to understand – for the franchisee Franchising enables rapid expansion. Franchisee which we still have to strive and strive. In the modern Russian legal system, the term franchising growing, allowing businesses to finance its growth through the sale of franchises . occurs only once, in chapter 54 of the Civil Code (the Civil Code), which states: “commercial It so happened that the franchise is not widely used in Russia. There are many problems concession” is synonymous with the franchise. However, the most superficial analysis of this that hinder its development. These problems can be classified on the reasons for which they chapter provides an opportunity to assert commercial concession is much narrower concept of occur. franchising; Franchising in Russia is basing on the complex agreement, based on the number of Social and psychological problems , which include : articles of the Civil Code and legislative acts that are to bypass the legal schemes. [6] • the absence of any experience, which is why there is the fear of the franchisor and the The development of the franchise should be maintained at the state level. Inhibits the franchisee ; development of our legislation. If foreign countries these sort of activity requires no formal • franchisees fear that he will lose independence. registration and registration, according to the Civil Code of the franchise agreement must be Contempt of intellectual property in our country is the most important socio-psychological registered with Rospatent, which can lead to bureaucratic delays. There is also no legal basis, factors. To solve this problem, you need the right combination of economic and legal impacts. which is so necessary. In the Russian Federation virtually no laws on franchising while in the Their interaction should not make unauthorized use of someone else’s effective intellectual US there are hundreds of laws about this economic tool, and it is only at the federal level. [7] property. The entrepreneurs in franchising poorly trained, which is the educational problem All this complicates the use of franchising in Russia. These circumstances do not allow our of franchising. The solution here is simple enough, but expensive, but still need more time to economy to grow franchise. We also need changes in legislation of the Russian Federation, make the decision to bear fruit. We need to create training centers franchise, and you can create which will not interfere with, and will help to develop and improve the efficiency of economic a network of centers that can advise on matters relating to this economic tool. You cannot deny instruments. It is necessary to achieve the following objectives: the fact that educational programs lead to the expansion of knowledge in the field of franchise – It is necessary to provide the convenience of the application of laws relating to the law and economics. [3] franchise, the parties to it; There are also economic issues of franchising. Franchising is an economic tool for the – Need to ensure the conditions for effective competition with franchise systems traditionally implementation of which required economic background. In Russia, these packages are not established mechanisms for the sale of goods; completely formed. The economic problems include: – Require transparency franchise and all its aspects. This transparency is necessary for • the instability of the economy, that scares foreign companies, because franchising requires regulators. clear of the economy where there is stability and where possible predicting respectively; These objectives are closely related to each other. In order to realize these objectives, it • many entrepreneurs are potential franchisees, but they have enough starting capital to is necessary to establish a system of legislation that will fix the necessary steps to create enter the franchise system; a franchise system, which includes samples of contracts and many other documents, which are • getting credit for the creation of start-up capital is almost impossible. used for different types of franchising. [8] This listing is a major problem is the instability of the economy. If you go back to the In this case, the business will be sufficient normative information. They clearly will definition of a franchise, it is first and foremost a system of relations, anchored again a system understand why enter into a contract, what scheme of benefit to them all, a sample of the of treaties. Naturally, such a system, besides uniting economically independent entrepreneurs, contract must be chosen, and most importantly, what laws to regulate the selected scheme can it is inertia. [4] be applied in case. This is a huge minus in our legislation, there is no such clarity. Also quite important is the issue of lack of funds needed to buy a franchise, retail premises Analysis of franchises operating in the Russian market shows no single approach to the and equipment. Getting a loan, as described above, it is almost impossible. It is necessary to regulation of relations by means of franchising, a priori inherent to foreign analogues. Cons our have a great business plan, which will be able not just to clarify the basic idea and the essence legislation on franchising that this concept itself is not in the legislation, and for some reason of its own, but also be able to convince. Funds are very important in the franchise system as there are strange reluctance to equate franchising and commercial concessions. Also, there is a franchisee must invest nearly 50% of the total amount of own funds. It can be concluded that spontaneity in the development of the Russian market, which forces foreign right holders waive when choosing franchisees personal financial responsibility is a necessary requirement. this economic tool in our country. Many are forced to because of the lack of own funds to open their businesses in the leased The clearest indicator that very well illustrates this trend, is the experience of two well- premises, the owner of the change adversely affects the operation of both the franchisee and known competitors in the market in the field of fast food – a McDonald’s (fast food restaurant) the franchise system as a whole. and SubWay (fast food restaurant). It is necessary to take into account the fact that the franchisee has to pay a one-time McDonald’s is the leading global franchise, he is all over the world, and he refused to sell franchise fee, called a lump-sum payment. It turns out that starting capital should be enough franchises in Russia and proved the correctness of his choice of the successful functioning here to have an impressive franchise. With this capital does not have many domestic entrepreneurs. in the last decade. Selecting a different concept for the Russian market can be explained by the Trying to get start-up capital in the form of bank credit also faces a number of challenges: following fact: in the early 1990s. Russian McDonald’s thought about franchising to build local the level of profitability of franchisees with all the regular payments (royalty payments to the distribution system, it is now franchising in Russia for companies simply irrelevant. [9] central advertising fund and other payments) may lead to the fact that the loan repayment Most of the problems linked to the franchise the fact that entrepreneurs are poorly trained. period will be big enough, and given the current rates of credit, and even impossible, the current They cannot act as an organizer of franchise systems, they cannot act as a franchisor, cannot legal system is even more difficult to credit franchisees. [5] work in the system as a franchisee. The solution to this problem seems simple at first glance, it

30 31 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 is obvious that for this purpose it is necessary to create an educational system which would be state – It is an effective tool to support small and private entrepreneurship and therefore the trained and prepared to sufficiently our business in this area, but this requires huge resources development of the Russian economy. Many experts say that the development of franchising in and highly qualified specialists. This system must have two directions: the Russian Federation will be even better, so we need now to join the franchise system to be – Wide, which will promote franchising as an economic instrument; one step ahead of their competitors. [13] – Narrow, which will provide targeted advice to franchisors and franchisees on specific From the above it can be concluded that there is ample opportunity for the development economic issues of franchising. of franchising in the Russian Federation. You just need to create certain conditions, for in These areas should be closely connected with each other and to complement each other. our legislation there are big gaps on the economic tools that prevent the implementation of Extensive educational direction in the field of franchising can be built on the system of these features. We need a legislative initiative on the development of the law on franchising training centers, to be located throughout the territory of Russia. These centers should be built and making appropriate changes to related laws and regulations. The government program to for training the franchisor and franchisee for. These establishments may also be used in the include support for small businesses, so that they had enough seed money to sign contracts initial stage of a franchise system, where the company’s employees fashionable forward here, with franchisees. It is important to create a system of tax incentives for franchisees, especially that they make it easier to understand the essence of what they need to do and what to achieve. at the initial stage of development of the franchise system. It is advisable to allow the use of This is how to prepare soldiers for war, but after the training, they will have an idea of this franchisees simplified accounting system. [14] economic tool. Also it is necessary for all higher education institutions to introduce subjects It is also necessary to create training and consulting centers on issues related to franchising. on the most important concepts, topics and aspects of franchising. [10] They need to create not only in the center, but also throughout Russia. Let everyone see and The second direction (narrow focus) linked to the development of management consulting understand the techniques and tools of economic melon effectiveness of its action. As we can on franchise. This advice should cover both the general problems of franchising, as well as some see, the prospects for the development of franchising in Russia are high. It is necessary to of its sections. For example, the legal aspects of franchising, the franchisor and the franchisee take into account the errors and gaps need to gradually move from words to action, using the interaction, selection of personnel for the franchisee, the organization of accounting. results of studies of various scientists in this field. In this case, in the near future will be There is also a huge minus for the franchise of the foreign company, which is necessary the franchise for our small and medium-sized enterprises for the development of a business to know and keep in mind from the beginning of interaction: each actor must promote the card. Their chances of success will increase many times with the franchise that will only have franchise system and is responsible for promoting the brand of the franchisor in the territory a positive impact on our economy and on many of the economic indicators of the country (eg, and in the country in which the franchisee. This is one of the main objectives, incentives and employment, prosperity, SMEs, etc.). interests of the franchisor, which is aimed at the development and distribution of its logo. In the franchising system interact with each other franchisees and the franchisor. They are Briefly outline diagram in words, it is this: The company is headquartered abroad. It transmits on connected by a system of contracts, which are based on the franchise. This control license certain conditions the right to manage its own brand in the domestic Russian representation – issued by one person (the franchisor) to another person (the franchisee), which is installed master franchisor. The company undertaking the franchise in a particular area, is responsible between the franchisor and the franchisee specific system of relationships. for all activities franchisees throughout the area in front of the head office abroad. Plus Franchising is a business activity that has its advantages and disadvantages. [15] for themselves as for the company, organizing this business. Given that not all foreign and Franchising is quite a perspective view of entrepreneurship. In the normal business domestic legislative frameworks are synchronized, you have to realize that if a foreign company of the 100 emerging companies survive in the end about 20, then, using the franchise of will have a serious violation of the master franchisor, or from one of the franchisee, it can in one 100 will work successfully 90. This is a huge percentage. In our country, this tool does not moment to suspend the activities of the entire network in a particular area. This means that develop because of what our suffering small and medium businesses. [16] The most important automatically suspended the activities of all franchised outlets. [11] advantage is that this economic tool greatly expands the market that offers consumers a well- For franchisees, there are other nasty things that are very important for the franchisor and known product or service to it, but the independence of the franchisee, as an entrepreneur, is that it is necessary to bear in mind the franchisee. For example, follow-up visits, which arranges maintained. It is very important that franchising provides an opportunity to greatly enhance the franchisor (such procedures like abroad) without warning. There are certain standards that the ability of small business, giving it many features of large enterprises. This, of course, must be met perfectly. Any deviation from them is a flagrant violation. The consequences can increases the survival of small businesses, as well as the percentage of the risk becomes be very unpredictable. The master franchisor warns revision, so do not confuse these two audits. smaller, and the percentage of success is greater or more than satisfied with both sides of the We must carefully adhere to accepted standards, to avoid unforeseen circumstances. [12] franchise system. [17] The fact is that the franchise has not spread in our country due to the specifics of the country, There are also disadvantages that are associated with the standard of the goods and and due to the fact that we have little knowledge in this area. About this economic tool is not restrictions on business. Franchising reduces competition, which affects the quality of the very knowledgeable not only the population, but also businessmen. It turns out that we have goods, which decreases. Eventually franchise system is less flexible than large corporations and, a poor training of entrepreneurs who could act franchisees by taking certain steps, was the especially with small businesses. organizer of franchise systems. From the experience of other countries can understand that the success of the economy and In spite of all the barriers and factors that hinder and impede the development of franchising its development is achieved the correct interaction (integration) of small and large businesses. in Russia, gradually developing franchising and developing well. This effective form of business They are the basic elements of the foreign economy. Large firms bring to the system stability attracts a large number of all entrepreneurs who actively use it. But at the same time the value and manageability and a small business, the competitive environment, provides the flexibility of its Russian economy overestimate is hard: for the franchisor – is one of the fastest and and customization of production abroad this form of activity is considered not only useful, but most effective ways to create new independent businesses united in a single system for the also prestigious. [18] It is obvious that for successful economic development our country needs franchisee – to develop their own business based on a proven business model, and for the to strengthen the interaction of small and large businesses.

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Over the past 11 years, our market went out and successfully developed Western franchise 17. Franchising business practices and opportunities. – E-paper [electronic resource]. – systems such as «Baskin Robbins», «English First», «Carlo Pazolini», «Kodak», «Sbarro», Access: http://www.marketing.spb.ru/lib-mm/sales/franc_mold/5.htm(Date treatment: «Subway», «Xerox» and others. [19] In Russia, developed business infrastructure that should 02/22/2015) 18. I.S. Glebova, Sadyrtdinov R.R. State regulation of small and medium-sized enterprises: the be kept in mind those companies that want to have a successful franchise relationship in our manual. – Kazan: Kazan State University. VI Ulyanov-Lenin, 2008.- p. 57 country. It can be concluded that the need for financial resources are higher, which is also an 19. Franchise as a mechanism of forming the strategy of development of tourism in modern Russia. – obstacle for the development of franchising. Russian franchisee is advisable to use a regional E-paper [electronic resource]. – Access: http://www.scienceforum.ru/2014/595/5374(Date franchise and subfranchayzing. [20] treatment: 24/02/2015) Franchising recently developed a little faster than it was before. This cannot not to make us 20. Maximova A.N. Creating A franchise system in health care. The thesis for the degree of candidate of economic sciences. St. Petersburg – 2014 – p.79 happy. However, this method of distribution franchise business is quite weak when compared with developed countries. You can safely say that franchising is very interesting and quite References in Roman script: promising in the Russian Federation. He cannot develop only with the participation of foreign 1. Pravovye aspekty franchajzinga – Jelektronnaja stat’ja [Jelektronnyj resurs]. – Rezhim big companies, but limited to our operations. dostupa: https://getbiz.ru/articles/franchise/pravovyye-aspekty-franchayzinga(Data obrashhenija: 15.02.2015) References in English: 2. Makashev M.O., Zemljakov D.N. Franchajzing. Integrirovannye formy organizacii biznesa: 1. Legal aspects of franchising – Electronic article [electronic resource]. – Access: https://getbiz. Uchebnoe posobie. Izdatel’stvo: Juniti-Dana, 2012 g.s. 23 ru/articles/franchise/pravovyye-aspekty-franchayzinga(Date treatment: 15/02/2015) 3. Shehirev A.V. Problemy franchajzinga v Rossijskoj Federacii. Voprosy novoj jekonomiki, 2010. 2. Makashev MO, Zemlyakov DN Franchising. Integrated forms of business organization: the № 3. c. 45 manual. Publisher: Unity-Dana 2012 GS 23 4. Franchajzing v Rossii: perspektivy razvitija- Jelektronnaja stat’ja [Jelektronnyj resurs]. – 3. AV Shehirev Problems of franchising in Russia. Questions of the new economy, 2010. № 3. p. Rezhim dostupa: http://www.financial-lawyer.ru/newsbox/franchayzing/92-309.html 45 (Data obrashhenija: 18.02.2015) 4. Franchising in Russia: Prospects razvitiya- electronic paper [electronic resource]. – Access: 5. Prichiny, sderzhivajushhie razvitie franchajzinga v Rossii i problemy, sushhestvujushhie http://www.financial-lawyer.ru/newsbox/franchayzing/92-309.html (Date of treatment: v jetoj sfere – Jelektronnaja stat’ja [Jelektronnyj resurs]. – Rezhim dostupa: http://www. 02/18/2015) managersystem.ru/geds-519-1.html (Data obrashhenija: 19.02.2015) 5. The reasons hampering the development of franchising in Russia and the problems existing 6. Kommercheskaja koncessija, franchajzing, franshiza: sootnoshenie ponjatij – Jelektronnaja in this area – E-paper [electronic resource]. – Access: http://www.managersystem.ru/geds- stat’ja [Jelektronnyj resurs]. – Rezhim dostupa: http://www.superinf.ru/view_helpstud. 519-1.html (Date of treatment: 19/02/2015) php?id=1216 (Data obrashhenija: 20.02.2015) 6. franchise franchising, franchise: the ratio of concepts – Electronic article [electronic 7. Mehanizmy podderzhki razvitija malogo biznesa v Rossii Jelektronnaja stat’ja [Jelektronnyj resource]. – Access: http://www.superinf.ru/view_helpstud.php?id=1216 (Date of resurs]. – Rezhim dostupa: http://www.ivdon.ru/magazine/archive/n1y2011/329 (Data treatment: 02/20/2015) obrashhenija: 19.02.2015) 7. Mechanisms to support the development of small business in Russia Electronic paper 8. Ustjuzhanin A.A. Franchajzing v Rossii. Vestnik Moskovskogo universiteta. Serija 6. [electronic resource]. – Access: http://www.ivdon.ru/magazine/archive/n1y2011/329 (Date Jekonomika. – 2009. – № 4(6). – c. 25 of treatment: 02/19/2015) 9. Obzor rynka franshiz v Rossii i za rubezhom – Jelektronnaja stat’ja [Jelektronnyj resurs]. – 8. Ustyuzhanin AA Franchising in Russia. Moscow University. Series 6. Economy. – 2009. – Rezhim dostupa: http://franchisinginfo.ru/franchayzing/43/obzor-rynka-franshiz-rossii- № 4 (6). – p. 25 rubejom(Data obrashhenija: 20.02.2015) 9. Market franchises in Russia and abroad – E-paper [electronic resource]. – Access: http:// 10. Problemy i perspektivy franchajzinga v Rossii – Jelektronnaja stat’ja [Jelektronnyj resurs]. – franchisinginfo.ru/franchayzing/43/obzor-rynka-franshiz-rossii-rubejom(treatment: Rezhim dostupa: http://www.deepfinance.ru/finances-4947-3.html (Data obrashhenija: 02/20/2015) 20.02.2015) 10. Problems and prospects of franchising in Russia – E-paper [electronic resource]. – Access: 11. Franchajzing s izanki. «Biznes-zhurnal» – Jelektronnaja stat’ja [Jelektronnyj resurs]. – http://www.deepfinance.ru/finances-4947-3.html (Date of treatment: 20/02/2015) Rezhim dostupa: http://frshop.ru/library/460-franchayzing-s-iznanki-o-elina-biznes-jurnal 11. Franchise with izanki. “Business Magazine” – electronic paper [electronic resource]. – (Data obrashhenija: 21.02.2015) Access: http://frshop.ru/library/460-franchayzing-s-iznanki-o-elina-biznes-jurnal (Date of 12. Kac R.B. Franchajzing: postroenie predprijatija, buhgalterskij uchet, pravovye aspekty. treatment: 21/02/2015) «GrossMedia Ferlag» 2012 – s. 49 12. Katz RB Franchising: Building Company, accounting, legal aspects. “GrossMedia Verlag” 13. Jekonomika Rossii v XXI veke: sbornik nauchnyh trudov X Vserossij- skoj nauchno- 2012 – p. 49 prakticheskoj konferencii «Fundamental’nye problemy modernizacii jekonomiki Rossii» / pod 13. Russia’s economy in the XXI Century: Proceedings of the X the All-Russia scientific-practical red. G.A. Baryshevoj, L.M. Bo- risovoj. Tomskij politehnicheskij universitet. – Tomsk: Izd-vo conference “Fundamental problems of modernization of the Russian economy” / ed. GA Tom- skogo politehnicheskogo universiteta, 2013. – c. 315 Barysheva, LM BO rice. Tomsk Polytechnic University. – Tomsk: Publishing house at Tomsk 14. Osobennosti razvitija franchajzinga v Rossii – Jelektronnaja stat’ja [Jelektronnyj resurs]. – Polytechnic University, 2013. – p. 315 Rezhim dostupa: http://stud24.ru/economic/osobennosti-razvitiya-franchajzinga-v- 14. Features of development of franchising in Russia – E-paper [electronic resource]. – Access: rossii/152735-446669-page4.html(Data obrashhenija: 21.02.2015) http://stud24.ru/economic/osobennosti-razvitiya-franchajzinga-v-rossii/152735-446669- 15. Franchajzing: preimushhestva, nedostatki i primenimost’ ih na praktike – Jelektronnaja page4.html(Date Treatment: 21/02/2015) stat’ja [Jelektronnyj resurs]. – Rezhim dostupa: http://www.elitarium.ru/2011/09/30/ 15. Franchising: advantages, disadvantages, and their applicability in practice – Electronic franchajjzing.html(Data obrashhenija: 21.02.2015) article [electronic resource]. – Access: http://www.elitarium.ru/2011/09/30/franchajjzing. 16. Simaeva N.P.Franchajzing kak forma razvitija predprinimatel’skoj dejatel’nosti v Rossii: html(Date treatment: 21/02/2015) finansovo-jekonomicheskie i pravovye aspekty. Vestnik Volgogradskogo gosudarstvennogo 16. Simaeva N.P.Franchayzing as a form of business development in Russia: financial, economic universiteta. Serija 9: Issledovanija molodyh uchenyh. Vypusk№ 8-2 / 2010 – s. 34 and legal aspects. Journal of Volgograd State University. Episode 9: Studies of young scientists. Vypusk№ 8-2 / 2010 – p. 34

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17. Franchajzing: biznes praktika i vozmozhnosti. – Jelektronnaja stat’ja [Jelektronnyj resurs]. – Rezhim dostupa: http://www.marketing.spb.ru/lib-mm/sales/franc_mold/5.htm(Data obrashhenija: 22.02.2015) 18. Glebova I.S., Sadyrtdinov R.R. Gosudarstvennoe regulirovanie malogo i srednego predprinimatel’stva: Uchebnoe posobie. – Kazan’: Kazanskij gosudarstvennyj universitet im. Gevorkov V.S. V.I. Ul’janova-Lenina, 2008.- c. 57 Postgraduate student, Department of civil law and process, 19. Franchajzing kak mehanizm formirovanija strategii razvitija turizma v sovremennoj Rossii. – Russian State Social University, Moscow. Jelektronnaja stat’ja [Jelektronnyj resurs]. – Rezhim dostupa: http://www.scienceforum. E-mail: [email protected] ru/2014/595/5374(Data obrashhenija: 24.02.2015) УДК 347.22 20. Maksimova A.N. Formirovanie sistemy franchajzinga v sfere zdravoohranenija. Dissertacija na DOI 10.17922/2412-5466-2015-1-1-37-44 soiskanie uchenoj stepeni kandidata jekonomicheskih nauk. Sankt-Peterburg – 2014 – s. 79

REFERENCE TO ARTICLE Dzhibabov, M.R. (2015) Socio-economic problems of franchising in Russia, Contemporary Protection of property rights of bona fide purchaser Problems of Social Work, Vol. 1. No. 1. 2015. P. 29-36. DOI: 10.17922/2412-5466-2015-1-1- 29-36. Receiving date: Preprint date: Taking to print date: 13.03.2015 27.03.2015 30.03.2015

Annotation: This paper is devoted to the improvement of existing civil law; the author identified a number of problems of civil regulation of public relations for the implementation of protection of property interests of a bona fide purchaser. The timeliness of the research topic is caused by a lack of a uniform approach to the problem of optimizing the settlement of social relations involving honest and dishonest purchasers in academic circles and in the judicial practice. This omission significantly complicates the position of a bona fide purchaser, which is by far the most vulnerable party to business transaction. This is and will be manifested in the violation of rights and legitimate interests of bona fide purchasers both at the legislative and the law- enforcement level. Lack of attention to the problem indicated a negative impact on social relations in the sphere of protection of property rights and undermines the constitutional foundations of the state. Key words: bona fide, bona fide purchaser, defaulting purchaser, unauthorized transferor, vindication, restitution, responsibility for eviction, losses of bona fide purchasers.

Domestic civil law, that over the past three decades has undergone the process of fundamental reform, nevertheless did not find a clear approach to the problem of protection of property rights of bona fide purchasers. Due to the lack of proper understanding and legal basis for the protection of own rights, today bona fide purchaser is the most vulnerable participant in civil commerce. The specific mechanisms for the improvement of legal regulation for the protection of rights of a bona fide purchaser have never been developed in the scientific community. As a consequence – a quite contradictory jurisprudence was established in our country. From this position, in the framework of this paper it is reasonable to conduct a comprehensive analysis of the problem under investigation, with the identification of the features of its origin, current situation and proposing ways for further development. Any protection of the rights of bona fide purchasers was absent in the Roman private law. Guided by the formula «Ubi rem meam invenio, ubi vindico» (from Lat. “Where I find my thing there I vindicate it”), the owner had the unlimited right to claim his property, regardless of conditions of disposition. And although there were exceptions to the general rule, when the property in favor of the purchaser was alienated by the state, that in its turn did not have the ownership right it was recognized as the property of the person that accepted it, however, this situation has been hindering the development of trade relations. Therefore, the opposite principle of the German customary law «Hand muss Hand wahren» (from Deutch “The hand is responsible for the hand”) has evolved in medieval jurisprudence, by virtue of which the owner had the right to reclaim at least only the property which he lost against his will. If the property was voluntarily entrusted by him to someone, he was deprived of the opportunity to reclaim the property from a bona fide purchaser, although he was entitled to claim damages from unauthorized transferor. The modern vindication model formed on the basis of this principle,

36 37 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 optimally combining the conflicting interests of the owner and a bona fide purchaser, was In domestic civil law the consolidation of such a principle has been previously discussed1. accepted by all legal systems of Roman-Germanic legal family. Thus, A.A. Chukreev determines the principle of bona fide as the responsibilities of the participant Article 8 of the Constitution of the Russian Federation regulates the recognition and equal of civil relations to take care of the rights and legitimate interests of other participants of protection of private, state, municipal and other forms of ownership. Specifying the protection property commerce by using his rights and performing his duties2. L.V. Shchennikova proposed of private property at the head of the list, the legislator stated that human rights and freedoms to include this principle in the list of principles of civil law, the observance of which, according are the supreme value of a democratic state, and their recognition, observance and protection to the author, is necessary in the exercise of subjective civil rights and duties. “Bona fides – is the responsibility of the state. At the same time, clause 3, art. 55 of the Constitution of she writes – is respect and loyalty to the assumed obligations, the own honesty and trust in the Russian Federation and part 2 clause 2, art. 1 of the Civil Code of the Russian Federation someone else’s integrity.3” According to I.B, Novitskiy, “on the etymological meaning bona provides for the possibility of limiting civil rights under federal law in order to protect the fide hides such elements as: knowledge about the other person, about his interests; knowledge constitutional order, morality, health, rights and lawful interests of other persons, provision of related to the well-known benevolence; element of trust, confidence that the moral foundations national defense and security of the state. From this perspective, the guarantees of the rights of the commerce are taken into account that each person in its behavior relies on them.4” G.N. of bona fide purchaser, referred to in Article 302 of the Civil Code at the same time limit and Amfiteatrov considered bona fides as excusable misconception (ignorance, ignorance of the violate the rights of the original owner. facts), but the essence of it he seen in determining the degree of required care of participant From the content of the art. 302 of the Civil Code of the Russian Federation follows that in civil commerce5. bona fide purchaser is a party to the civil commerce, who did not know and could not know The importance of bona fide availability in the actions of the purchaser cannot be that the property acquired by him was deprived by the person who had no right to perform this overestimated, in the end; the court satisfaction of vindication requirements of the non-owing action. Etymologically, the term “bona fide” comes from the words “clear conscience” and can owner depends on the circumstance. According to clause 1, art. 302, if the property is acquired be interpreted as 1”truthful, honest, strictly God-fearing in action”, “honestly performing own for value from a person who had no right to alienate it, of which the purchaser did not know duties ...”2. К.И. For example, K.I. Sklovsky, defines integrity as a state of person’s will, which is and could not know (bona fide purchaser), the owner has the right to reclaim the property from characterized by lack of knowledge of any objective and legal obstacles for the achievement of the purchaser when the property is lost by the owner or the person to whom the property was objectives pursued by him for the acquisition of private law3. However, the legislator’s indication transferred into possession by the owner, or stolen from one or the other, or withdrawn from to the wording “could not know” means that just passive purchaser’s ignorance of the objective their possession against their will in another way. An exception is the cash and securities that or legal obstacles is not enough, and therefore in the definition of good faith should be pointed cannot be claimed from a bona fide purchaser (clause 3 of Art. 302 of the Civil Code of the out that in the period prior to the acquisition, the person shall also effect the active steps to Russian Federation). Within the meaning of these provisions, the court shall determine that identify circumstances that violate the rights of third parties. These actions would ensure the the property is excluded from the possession of the person to whom it was transferred into legitimacy of his rights on the purchased property and minimize the risk of subsequent disposal. possession by the owner, in view of these circumstances, and that the purchaser has purchased In particular this applies to compliance with all requirements of the legislation in force for the the property for value and did not know and could not know that the property was acquired from conclusion of the transaction, such as: conclusion of an agreement in writing with an indication a person who was not entitled to the alienation thereof. In this regard, it is clear that in order to of all material conditions, including the real value of the property, confirming the compensatory eliminate the uncertainty in the appurtenance of the ownership right, it would be appropriate nature of the transaction. In addition, a set of activities preceding the acquisition, shall include to supplement art. 302 of the Civil Code by the provision on the transition of property right to the acquisition of information on registered rights and encumbrances on the alienated piece of a bona fide purchaser in cases where vindication is impossible. property, previous related transactions, checking the legal capacity of the seller, or the powers The bona fide purchaser protected by the provision of art. 302 of the Civil Code of the Russian of his representative acting by proxy, drawing up an acceptance certificate, state registration Federation for a long time remained defenseless against restitution (clause 2 art. 167 of the and insurance against risks of loss of property rights. It should be noted that no safeguards Civil Code of the Russian Federation) – the so-called action of enforcement of implications of will be unnecessary, since the presence of at least one circumstance allowing judging the an invalidated transaction, as a result of which the transaction on the alienation of disputable acquisition of property from an unauthorized transferor, knowing to the person may serve as thing was invalidated due to the lack of transferor’s authorization and the purchaser was a basis for challenging the transaction. Thus, the bona fide purchaser shall mean a person who, deprived from the thing acquired by him for value. In dealing with such disputes the arbitration for objective reasons does not have sufficient knowledge about the circumstances preventing courts were guided by the decision of the Plenum of the Supreme Arbitration Court of the Russian the acquisition of rights by him, despite the exercise of due diligence and prudence. Federation dated 25.02.1998, No. 8, which explained: “If the owner run a claim on declaration It is reasonable the proclamation of the principle of good faith as a fundamental principle of the purchase and sale transaction and on the return of the property transferred to the buyer of civil law and the principle of mandatory for all participants in civil commerce, in art.1 of the as invalid, and in the resolution of the dispute it will be determined that the buyer meets the Civil Code of the Russian Federation, Especially because this category is well-known for domestic requirements imposed on a bona fide purchaser, the claims for the return of the property shall legislation. For example, in some cases, the inability to use the analogy of the law to determine be dismissed.” However, the courts of general jurisdiction, not taking into account a bona fides the rights and obligations shall be compensated using the requirements of reasonableness, 1 N. V. Rabinovich “the Invalidity of Transactions And its Consequences”. L., 1960. p. 106-107; S. G. Shevtsov “Sale of Property fairness and integrity. (clause 2, art. 6 of the Civil Code of the Russian Federation). Clause 5, art. Unauthorized Person”: : Synopsis .... PhD in Law Мoscow, 2004. p. 8; S. Kuzina “problems of Protection of the interests of bona fide 10 of the Civil Code of the Russian Federation assumes, that the limits of the exercise of civil Purchaser” // // Economy and law. 2006. No. 8. p. 115. rights shall be defined on the basis of a bona fide of participants of civil relations. 2 See: A.A. Chukreev A.A. Integrity in the system of the principles of civil law // Journal of Russian law. 2002. N 11. S. 103. 3 Shchennikova L.V. Principles of civil law: achievements of the civil law and zakonodatelnye effect // Scientific notes: 1 Dahl V. Explanatory dictionary of the living great Russian language. M., 2011. Vol. 1. P. 445. interuniversity collection of scientific papers. M., 2002. Vol. 2. P. 58. 2 Ozhegov S.I. Dictionary of Russian language / edited by Professor I. Y. Shvedova. M., 2014. P. 150. 4 Novitskiy I.B. Principle of a good conscience in the project contractual law // Bulletin of civil law. 1996. N 6. P. 65. 3 Sklovskiy K.I. application of the norms of a good conscience in civil law of Russia // Economy and law. 2002. N 9. P. 81. 5 Voronoy V. Integrity as a civil law category // the Law. 2012. N 6. P. 29. 38 39 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 of the purchaser, widely used restitution and returned property to its original owner, and a bona the needs arising from the common interests of society and the need to protect fundamental fide purchaser was deprived of the purchased property, without having a real opportunity human rights must be set ... The necessary balance will not reached, if the person concerned to protect his ownership interests by collecting the amount of the paid purchase price and bears an individual and excessive burden ... “. Noting that the ownership of the applicant to other damages from the seller, who at the moment has spent the proceeds from the sale of an the apartment was declared invalid “... in connection with fraud in the procedure by which apartment. By the order dated 21.04.2003 No.6-P “On the case on the constitutional review the apartment was privatized by a third party as a result of the detection of forged documents of the provisions of clauses 1 and 2 of art. 167 of the Civil Code of the Russian Federation ...”, the European Court focused on the fact that “... these procedures were carried out by with a view to claims of citizens O.M. Marinicheva, A.V. Nemirovskaya, Z.A. Sklyanova, R.M. authorities in the exercise of the state power. » The European Court noted that the fact of Sklyanova and V.M. Shiryaev” the Constitutional Court of the Russian Federation confirmed the forgery could be identified on the stage of solving the problems with registration of E. at place impossibility of seizure of a thing by restitution from the person, meeting the requirements of residence and privatization of the disputed apartment. According to the European Court, of art. 302 of the Civil Code of the Russian Federation. In addition, the Court concluded that “... there was nothing preventing the authorities responsible for documents of E. relating to the protection of the rights of the owner, who is not a party to the transaction, is possible registration, social rent and privatization, to verify the authenticity of the documents before only by settlement of the vindication claim. The grounds provided by the art. 302 of the Civil meeting her needs. Exactly the state has exclusive competence to determine the conditions Code of the Russian Federation, entitling to reclaim the property from a bona fide purchaser and procedures, by which it disposes of its assets to persons who, as it believes, have a right, (gratuitousness of acquisition of the property by a bona fide purchaser, withdrawal of property as well as exclusive competence to supervise the compliance with these conditions. Moreover, from the possession of the owner against his will, etc,) are needed for such claim. subsequent transactions related to the apartment also had to be legalized by the state ... i.e. For the first time the bona fide purchaser had an opportunity to legalize his ownership right under the procedure designed to ensure additional security of the holder of the right to property. by the introduction of changes to the art. 223 of the Civil Code, that provide the creation of his «The European Court concluded on the violation of the Convention, as “applicant’s rights ownership right to real property since its state registration, except for the cases stipulated by under Article 8, have been completely excluded from the mind when it came to a maintenance art. 302 of the Civil Code when the owner has the right to reclaim such property from a bona of balance between her personal rights and interests of the city ...” and ordered that “the fide purchaser1. respondent State is to ensure.....full recovery of the applicant’s title ... to the apartment and Another problem of the issue under investigation is the protection of bona fide purchaser the abolition of the decision on her eviction. » in the event of reclaim of his property by the owner according to the rules of Article 302 of the However, this single case is the exception to the rule, since in the vast majority of cases, when Civil Code, which resulted in the bona fide purchaser remains without the acquired property the original owner is a natural person, in practice, the court takes his side. In this context the and without money paid on account of the property. The European Court of Human Rights by decision no. 10/22 of the Plenum of the Supreme Arbitration Court of the Russian Federation judgment in the case of “Gladyshev against Russia” dated December 6, 2011 has expressed and the Plenum of the Supreme Court of the Russian Federation (hereinafter – the Decision no. the principled position on the issue under investigation, acknowledging the violation of 10/22), as well as the decision of the Plenum of the Supreme Arbitration Court of the Russian Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms Federation no. 54 dated 11.07.2011 “On some issues of resolution of disputes arising from real (hereinafter – the Convention) and Article 1 of Protocol 1 to the Convention, that expressed in estate contracts, which will be created or acquired in the future “(hereinafter – the Decision non-compliance with the applicant’s right to respect for his habitation and his deprivation of No. 54).1 property2. According to the circumstances of the case, the applicant purchased the apartment To fully restore the property status of a bona fide purchaser, which took place before the where she lives with her son. The seller of apartment, V, in turn, bought it from E, who acquired contract with the unauthorized transferor, the bona fide purchaser shall be able not only to the ownership of the apartment by privatization. Due to the availability of information that return funds transferred to the unauthorized transferor, but also to recover damages from him. E. acquired the apartment by deceptive means, the residential department filed a claim for This situation in the current legislation was not explicitly resolved. In theory, two basic ways of recognition of the contract of privatization and all subsequent transactions involving the protection of bona fide purchaser are offered: apartment as invalid. The applicant filed a counterclaim for her recognition as a bona fide – application of consequences of invalidity of the transaction (the so-called restorative purchaser. By the decision of the District Court dated July 9, 2009 it was found that “... the requirement, Art. 167 of the Constitutional Code of the Russian Federation); privatization of the apartment by E. was fraudulent.” With regard to the applicant, the court – application of the rules on liability of the seller in case of withdrawal of goods from the found that she is a bona fide purchaser within the meaning of Article 302 of the Civil Code buyer (the so-called seller’s responsibility for eviction, Art. 460-462 of the Civil Code). of the Russian Federation. However, since the apartment, being privatized fraudulently, was The application of the consequences of invalidity of the contract as a way of protection of withdrawn from the ownership of the city – its lawful owner – against his will, the applicant a bona fide purchaser has significant drawbacks. First of all, the restitution is bilateral and was deprived of the ownership right to the apartment and the apartment was returned to unauthorized transferor is entitled to request from a bona fide purchaser the property alienated the city. The court ordered the eviction of the applicant without compensation or offer of to him, despite the fact that the property has been reclaimed by the owner from a bona fide alternative accommodation. ECHR stated the following position: “... Any interference with purchaser. Secondly, the restorative requirement allows a bona fide purchaser to recover only the property should not only be legal and have a legitimate purpose, but also satisfy the the purchase price from the unauthorized transferor but not the losses that may be significant. requirement of proportionality. As repeatedly stated by the Court, a fair balance between In addition, in accordance with clause 1 of the Decision No. 54 of the Supreme Arbitration Court of the Russian Federation the absence with the seller of the ownership right at the time 1 Federal law dated 30.12.2004 N 217-FZ «On amending article 223 of the Civil code of the Russian Federation and Federal law of conclusion of the contract of sale, although prevents the state registration of transfer of «On state registration of rights to immovable property and transactions with it» [Electronic resource] // Consultant Plus [Offic. page]. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=51008 (reference date: 15.02.2015). ownership to the buyer, but is not the basis for recognition of the contract as null and void. It 2 A review of the jurisprudence of the Supreme Court of the Russian Federation for the second quarter of 2012 (Overiden the Presidium of the Supreme Court of the Russian Federation of 10 October 2012) [Electronic resource] // Supreme court of the Russian 1 The resolution of Plenum of VS Russian Federation No. 10 of the Plenum of the Russian Federation No. 22 dated 29.04.2010 «On Federation [Official. website]. URL: http://schschsch.wsrf.ru/Sewed.PHP?ID=8197 (reference date: 15.02.2015). nekotorykh issues arising in judicial practice in disputes related to the protection of property rights and other eternal rights». 40 41 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 appears from this that despite of the absence of registered ownership of the seller, subject to excluded from the Unified State Register of Legal Entities, for which reason the satisfaction the compliance with other requirements of the law the real-estate contract o is and shall remain would violate the legal rights of a bona fide purchaser.1. valid. Despite the explanation of the Supreme Arbitration Court of the Russian Federation, in In conclusion, it should be noted that the protection of the bona fide purchaser rights the jurisprudence it is preserved the tendency of recognition of the contract concluded by without exaggeration, is one of the pressing problems of modern Russian civil law and requires unauthorized transferor, as the null and void transaction, with reference to the provisions of compliance with a reasonable and fair balance between the interests of all participants in Articles 168, 209 of the Civil Code of the Russian Federation. In this the jurists come from the civil commerce. Currently, there are favorable conditions for the formation of judicial practice, lack of such person’s authority to order, which is the sole prerogative of the owner1. allowing greater use of rules of eviction to protect the bona fide purchaser in the reclamation According to the analysis of civil law, dedicated to the sales contract, such agreement has of any property by the owner. A scientific principles formulated in this paper can be used in the the legally binding nature, since it binds the seller’s obligation to transfer the property to the further scientific development of the issues involved in order to improve the civil law. ownership of the buyer and the obligation of the latter to pay for the property. In this case, the purchaser’s right of ownership does not arise since the conclusion of the contract, but since the References in English: delivery of the thing or state registration of rights, unless required by law. 1. V. Voronoi “Integrity as civil legal category” // Zakonodatelstvo. 2012. p. 29. The position of D.O. Tuzov on the possibility to conclude the binding contract by the seller 2. V. Dahl Explanatory Dictionary of the Living Great Russian Language Мoscow, 2011. Т. 1. p. 445. who at the time of its conclusion may not have ownership right to the alienated property and 3. I.B. Novitskiy “The principle of a good conscience in the project educational law” // Journal to purchase it at the time of execution of the contract is also noteworthy2. This approach is of civil law. 1996. N 6. p. 65. supported by the clause 2, art. 455 of the Civil Code of the Russian Federation that allows for 4. S.I. Ozhegov Dictionary of the Russian Language / under the editorship of the prof. I. Yu. the possibility of concluding a contract of sale of goods, as available from the seller at the time Shvedova. Мoscow, 2014. p. 150. of conclusion of the contract, or created or acquired by the seller in the future. 5. N.V. Rabinovich “The invalidity of transactions and its consequences”. L., 1960. pp. 106-107. 6. S.G. Shevtsov “Sale of property wrongfully face”: Synopsis .... PhD in Law Мoscow, 2004. p. 8. If at the time of transfer of the thing there will be no seller’s ownership right, the transfer 7. S. Kuzina “The issue of protecting the interests of bona fide purchaser” // Economy and law. of ownership will be invalid due to seller’s lack of regulatory power. However, the validity of 2006. No. 8. p. 115. the contract for the disposal of property is not disputable, since regulatory power at the time 8. K.I.Sklovskiy “The application of the rules of a good conscience in civil law of Russia” // of its conclusion is not required. This fact allows the purchaser of such property to protect his Economy and law. 2002. N 9. p. 81. rights by applying liability for eviction of the seller unauthorized to alienation. The seller’s 9. D.O.Tuzov “Restitution when the invalidity of transactions and the protection of bona fide purchaser in Russian civil law”. М., 2007 p.185. obligation to compensate the losses borne by the buyer, at the seizure of goods by third parties, 10. A.A. Chukreev “Integrity in the system of civil law principles” // Journal of Russian law 2002. is expressly provided for by art. 460, 461 of the Civil Code of the Russian Federation. N 11. p. 103. Thus, in the availability of the conditions to meet the vindication claim, the only way to 11. L.V. Schennikova “Principles of civil law: achievements of the civil law and the legislative balance the interests of the owner and a bona fide purchaser is the recognition of a liability effect” // Civil notes: interuniversity collection of scientific papers. Мoscow, 2002. Ed. 2. p. agreement as valid and the transfer of property as invalid. On the one hand, the bona fide 58. 12. Kryukova, E. M., Vetrova, E. A., Maloletko, A. N., Kaurova, O. V., & Dusenko, S. V. (2015). Social- purchaser gets the legal right to file claim for damages to the unauthorized transferor, on the Economic Problems of Russian Mono-Towns. Asian Social Science, 11(1), 258-267. other – the owner is entitled to demand his thing by virtue of the invalidity of the transfer of 13. The contract as a means of legal regulation of relations in sphere of rendering of services: property and lack of property rights with a bona fide purchaser. problems of theory and practice: monograph. -М.: VAKO, RSSU, 2015. For a wonder, a negligible amount of bona fide purchasers, who were deprived of the purchased 14. Kaurova O.V., Maloletko A.N. The behavior of the shadow costs of collective accommodation.// property by the vindication claim, file with the court actions to unauthorized transferors for Economic science. 2010. № 65. pp. 118-122. compensation of damages. Although as practice shows, such claims shall be satisfied without References in Roman script: fail. For example, the Moscow City Court pointed out that the claims of a bona fide purchaser of 1. Azbuka pensionera. Interv’ju Roika V.D. // Rossijskaja gazeta. 20 nojabrja 2008. the apartment for damages in an amount equivalent to the market value of the apartment, are 2. Dosrochno i vskladchinu // Rossijskaja gazeta, 05 ijunja 2014. justifiably satisfied. In case of the owner’s withdrawal of property from the bona fide purchaser, 3. Materialy kruglogo stola «Pensionnaja sistema: perspektivy razvitija» v ramkah the seller is obliged to reimburse all incurred losses to bona fide purchaser3. Similar conclusions Mezhdunarodnogo investicionnogo foruma «Sochi-2014» 18 – 21 sentjabrja can be found in other judicial acts of courts of general jurisdiction4. 2014 g. [Jelektronnyj resurs] URL: http://forumkuban.selivyorstov.ru/2014/ In this sense the conclusions of the Eighth Appellate Court, which, dismissing the claim player/?event=2014091914 (data obrashhenija: 20.12.2014). 4. Obzor finansovoj stabil’nosti Banka Rossii ot 22 oktjabrja 2014 g. [Jelektronnyj resurs] URL: of the Ministry of Property Relations of the Omsk oblast for the recovery of land parcels from http://www.cbr.ru/publ/Stability/fin-stab-2014_2-3r.pdf (data obrashhenija: 20.12.2014) a bona fide purchaser, are indicative and were based on the lack of feasibility from a bona fide 5. Rasporjazhenie Pravitel’stva Rossijskoj Federacii ot 25 dekabrja 2012 g. № 2524-r // Sobranie purchaser to subsequently recover damages from unauthorized transferor, who at the time was zakonodatel’stva Rossijskoj Federacii. – 31 dekabrja, 2012. – № 53 (Chast’ II). 6. Reshenie social’nyh problem – v prioritete RGSU. Interv’ju Natal’i Pochinok // Obshhestvenno- politicheskaja gazeta JugTimes, vypusk ot 15 oktjabrja 2014. 7. Trudovoj kodeks Rossijskoj Federacii ot 30 dekabrja 2001 g. № 197-FZ // Sobranie zakonodatel’stva Rossijskoj Federacii. – 7 janvarja, 2002. – № 1. 1 The concept of regulatory authorities quoted. by the book: Aces D. O. Restitution when the invalidity of transactions and the protection of bona fide purchaser in Russian civil law. M., 2007, P. 185. 8. Federal’nyj zakon ot 17 dekabrja 2001 g. № 173-FZ «O trudovyh pensijah v Rossijskoj 2 Ibidem p. 190. Federacii» // Sobranie zakonodatel’stva Rossijskoj Federacii. – 24 dekabrja, 2001. – № 52. 3 The definition of the Moscow city court dated 12.11.2010 in case No. 33-34591. 4 ex: determine the St. Petersburg city court dated 05.07.2011 No. 33-8997/2011, dated 16.05.2011 No. 33-6966, from 14.04.2011 No. 5342, the Moscow city court on 24.01.2011 by case number 33-1625. 1 The decision of the Eighth arbitration court of appeal dated 08.09.2011 by case number A46-412/2011. 42 43 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

9. Federal’nyj zakon ot 7 maja 1998 g. № 75-FZ «O negosudarstvennyh pensionnyh fondah» // Sobranie zakonodatel’stva Rossijskoj Federacii. – 11 maja, 1998. – № 19. 10. Federal’nyj zakon Rossijskoj Federacii ot 28 dekabrja 2013 g. № 400-FZ «O strahovyh pensijah» // Sobranie zakonodatel’stva Rossijskoj Federacii. – 30 dekabrja, 2013. – № 52 (Chast’ I). 11. Maloletko, A.N. Kontrol’ i revizija: ucheb. posobie/A.N. Maloletko. -M.: KNORUS, 2006. -S. 93- Guryleva A.A. 97. -312 s. Postgraduate student, The theory and history of state and law, 12. Iljuhina G.I., Maloletko A.N. Upravlencheskij analiz v otrasljah. Konspekt lekcij i uchebno- Russian State Social University, Moscow. metodicheskij kompleks/pod red. A.N. Maloletko. -M.: Paleotip, 2008 E-mail: [email protected] УДК 348.02 REFERENCE TO ARTICLE DOI 10.17922/2412-5466-2015-1-1-45-49 Gevorkov, V.S.(2015) Protection of property rights of bona fide purchaser, Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 37-44. DOI: 10.17922/2412-5466-2015-1-1- 37-44. Actual problems of legal regulation of religious education in Russia

Receiving date: Preprint date: Taking to print date: 13.03.2015 27.03.2015 30.03.2015

Annotation: currently, the issue of legal regulation of religious education in Russia is poorly understood. To date, this problem has a high degree of relevance in view of the outstanding importance of the Orthodox Christian religion and culture in the history and contemporary life of the Russian society and state, the place of the Orthodox Christian tradition in the Russian historical and cultural heritage and modernity. The growing interest of a substantial part of pupils and their parents to the study of Orthodox culture also caused by the new conditions of development of the Russian society. This openness, commitment to democratic institutions and principles, the rejection of one-sided indoctrination of the education system. We should especially point out the recent trend in the orientation of the Russian school on the values of the traditional spiritual culture of the peoples of Russia in the training and education of children and youth, as well as the gradual recovery in the education system, especially in the content of teaching social and humanitarian disciplines, historical and cultural continuity. Key words: legal regulation, religious education, spiritual and moral education.

Public education is an integral part of national culture and spiritual life of society. In Russia education for centuries been associated with Orthodoxy. For centuries, Orthodox ideology was a powerful unifying factor of, where is the faith acts as the system is stable values, Orthodox Christian religion is able to integrate different social forces. For nine centuries of Russian history was the primary religious education, which was carried out with parish churches and monasteries. Russian parish was actually small Zemsky unit and had both the Church and the state value. The parish priest was obliged to perform public functions not only on the maintenance of the parish records of civil status of the population, but according to his education. Through parochial school were many statesmen, scientists, writers, generals, won fame as the Russian Empire and the Soviet Union. The rise of the religious consciousness of our people confirms that the secular state is not an obstacle to the public Ministry of the Church in education, education and science. Any state, and secular, too, is interested in the reproduction of national and cultural identity of the population, in curbing the degradation of the younger generation, in the education of patriotism, through the comprehension of the history and culture of their country. This guarantees the stability and viability of the state. And although the national character is brought up in the family, national consciousness must purposefully to form in the school, including the highest. As practice shows, the history of literature and studies with this task do not. In most European countries and the former Soviet republics of the USSR, the problem is solved by the lessons of religion in educational institutions. 44 45 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

In accordance with the Federal law of the Russian Federation of 26.09.1997 N 125-FZ In General it can be said that the Orthodox education today is at a very serious professional. (edited on 31.12.2014) “On freedom of conscience and on religious associations” everyone Introduction in 2009, in the secondary schools of Russia comprehensive course “Fundamentals has the right to receive religious education of their choice, either individually or jointly with of religious cultures and secular ethics” is an achievement thanks to the joint efforts of our others. society, the state and the Church. This course is designed to strengthen the inter-religious Religious education is the teaching of religion and religious upbringing of the followers of peace in our country, spiritual and moral education of students, the development of the internal religious groups, including their children or children as well as professional religious education connections between school education and family education. Overall this is a significant of future priests and religious personnel in religious educational institutions.[9] contribution to the renewal and school and society. Article 2 of Protocol No. 1 To the European Convention for the protection of human rights We give examples of the development of the system of religious education in the Smolensk and fundamental freedoms established that “the State in the exercise of any functions which region. In the 2013/14 year Orthodox culture in the region studied 21 701 people, including: it assumes in the field of education and learning, respects the right of parents to ensure such 4647 – module Basics of Orthodox culture, 79393, the subject of the history of the Orthodox education and training that meet their religious and philosophical convictions.” culture of the land of Smolensk”, 7097 – electives Foundations of Orthodox culture, 1066 – In Russia relations in the sphere of education are governed by the Constitution of the Russian study related items in preschool, 461 – in institutions of additional professional education for Federation, Federal law “On education in the Russian Federation” dated 29.12.2012 N 273-FZ children 1037 – in educational institutions of professional education. Behind these numbers Federal law of the Russian Federation of 26.09.1997 N 125-FZ (as amended on 31.12.2014) “On is a large long-term work, for each number of people. To identify the impact of spiritual freedom of conscience and on religious associations” and other normative legal acts. The state enlightenment in the Smolensk region was used to monitor the development of spiritual and establishes state guarantees, mechanisms of realization of rights and freedoms in the sphere of cultural values of Orthodoxy all participants in the educational process. In it participated education, creates conditions for the development of the education system, protects the rights 4850 people, including students, parents, and students. Surveys of students 8th grade revealed and interests of participants in the educational sphere. [8] that 72% of the children with interest and benefit to attend classes the basics of Orthodox Within the selected topics were used scientific methods, such as analysis, synthesis, culture, only 2% feel antipathy or indifference to the Orthodox culture, 81% of high school deduction, induction of comparison and analogy, private-scientific methods: systemic, students would like to continue studying historical and cultural courses Orthodox orientation structural, functional and private law: the formal-legal and comparative law. at the University.[8] Over the past five years religious education of the Russian Orthodox Church has achieved When questioning the students of universities and colleges of the Smolensk region revealing many positive results. For example, consistency of the educational process contributed to the was the fact that the question “What is the role of the ROC in the history of the Russian state?” quality of the result of raising the level of religious education. Consistency affected, above all, 56 % expressed the view that the Church plays quite an important role in the history of the educational programs, which are currently being implemented by the Orthodox schools and Russian state, and 14% of respondents believe that the decisive role, 82 % recognize the grammar schools, Sunday schools and other educational institutions. Currently the curriculum significant influence of the Church on the formation of civic, social and family values. though based on the Church-wide standards, however, they must be met with regard to the Based on these data we can conclude that society and parents expressed confidence in the requirements of Federal and state standards. [4] existing system of spiritual and moral education. It should be noted that representatives of the Church were invited to participate in the Today in the Orthodox higher education has finally there are two directions – it is a secular legislative process in the field of education. So, in the new Federal law “On education in religious education and spiritual education, aimed at the training of clergy and specialists in the the Russian Federation” in its part concerning religious education, actively participated field of Church Ministry. The advantages include the work of secular faculties and departments representatives of a number of Synodal institution. As a result of this work has been included of theology, to the second – spiritual Academy and Seminary. There are educational site on in the law a number of articles on religious education and spiritual and moral education: 2, 10, which to develop both. In some non-denominational Church universities are the pastoral office, 64, 87-I and others. [8] at the same time some of the seminaries accredited and licensed according to state criteria. For the first time at the legislative level the possibility of spiritual and moral education in the We can say that in recent years these two directions Orthodox education higher structural school and in the kindergarten. The selection of one of the academic subjects, courses, disciplines finally formed and, thanks to the inclusion of the new universities, qualitatively improved. (modules) included in basic education programs, by the parents (legal representatives) of the Another equally important aspect is to work on the Educational concept of the Russian students. Orthodox Church, which outlined the strategy for the development of the educational system of For the first time the country has adopted the Federal state educational standard of preschool the ROC for years to come. education, in accordance with which state and municipal kindergartens can implement moral Over the past year, there have been important state and Church documents that require component, including the subject “Fundamentals of Orthodox culture” in terms of their basic appropriate measures to put them into practice. In this regard, each region should work educational program. The transition of preschool educational op-sations on the new standard together with the regional Executive and legislative authorities to study the possibility of will be gradual and will take about one year, because there are some tasks that cannot be solved making appropriate changes and amendments to local laws and regulations: in a short time. You need to improve the quality of the material and technical base of children’s • develop an action plan for the introduction of the spiritual and moral sphere in educational gardens, to improve the training and retraining of specialists.[8] organizations in the region in accordance with GEF, At the same time, not all legislators agree that religious education is a full – fledged • initiate the establishment of pilot sites for the spiritual and moral education based on component of the educational system in Russia. Ie there is no understanding of what religious them, education is not limited to Sunday schools and seminaries, and can be put on choice in the • to begin to build the registry secular educational organizations that are willing to kindergarten, school or University. In most countries of the world have such an idea, for example implement spiritually moral component in basic educational programs. in Germany, we still did not work.

46 47 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

• in collaboration with training institutes to consider the question of organizing special 8. Maloletko A.N. Teoreticheskoe obosnovanie koncepcii jekonomicheskoj bezopasnosti courses for teachers of preschool education. sistemy vysshego i poslevuzovskogo professional’nogo obrazovanija//Vestn. Universiteta • Given the role of the clergy in the upbringing of children, to identify ways of cooperation (Gosudarstvennyj universitet upravlenija). 2009. № 15. S. 334 -343. 9. Maloletko A.N. Koncepcija jekonomicheskoj bezopasnosti raz-vitija sistemy vysshego of the clergy with educational organizations.[8] obrazovanija Rossii: dis… dokt. jekon. nauk: -Moskva, 2009. 327 s. The foregoing analysis has shown that today the issue of legal regulation of religious 10. Maloletko A.N. Nacional’nye interesy Rossijskoj Federa-cii v sfere obrazovanija. -M.: FGOUVPO education in Russia is poorly understood. There is a need for historical and legal research legal «RGUTiS», 2008. regulation of religious education in Russia. Best for the study period can be called the second 11. Maloletko A.N. Sistema vysshego professional’nogo obrazo-vanija: Upravlenie half of the 19th – beginning of 20th centuries, because in this period the education received jekonomicheskoj bezopasnost’ju//Problemy teorii i praktiki upravlenija, 2009. № 9. S. 80-83 increased attention, parochial schools were most prevalent in the Foundation of education was REFERENCE TO ARTICLE based on the principle of “Orthodoxy, autocracy, nationality”, prospered in state activities K. P. Guryleva, A.A. (2015) Actual problems of legal regulation of religious education in Russia, Pobedonostsev. Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 45-49. DOI: 10.17922/2412- A study of the experience of the 19th century will provide solutions to many current problems 5466-2015-1-1-45-49. in education that are currently not regulated by the legislation provides an opportunity to examine holistically and to summarize the regulatory framework in the field of religious education, allows you to show the historical continuity and development, to extract the necessary historical lessons and make scientific and practical conclusions.

References in English: 1. Journal of Orthodox education” № 1(11). 2015 2. Kovalevsky, E. P. Sunday school / E. P. Kovalevsky // public education in Russia. A historical anthology. – M.: education, 2000. pp. 228-232 3. Kuznetsov M. N., Bogatyrev A. G., I. V. Ponkin Opinion on the draft Federal law No. 121965- 6 “On education in the Russian Federation [Electronic resource] – access Mode: http://www. state-religion.ru/index.php?p=cat&id=22 (date of application: 19.03.2015. 4. “On education in the Russian Federation” Federal law dated 29.12.2012 N 273-FL (as amended on 31.12.2014) / / collected legislation of the Russian Federation”, 31.12.2012, No. 53 (part 1), art 7598 5. “On freedom of conscience and on religious associations” Federal law of 26.09.1997 N 125-FL (as amended on 31.12.2014) / / collected legislation of the Russian Federation”, 29.09.1997, N 39, article 4465, 6. Thick AI History of state and law of Russia. Textbook for higher educational institutions.- M: Justizzentrum, 2010 7. Filippov, T. I. Russian upbringing, M.,2008 8. Maloletko A.N. Theoretical substantiation of the concept of economic security of the system of higher and postgraduate professional education// Bulletin of the University (The State University of Management) 2009 № 15. pp/ 334-343 9. Maloletko A.N. The concept of economic safety of development of the higher education system of Russia: diss. Doctor of Economics:- Moscow, 2009. 327 p 10. Maloletko A.N. National interests of the Russian Federation in education. M.: “RSUTSS”, 2008 11. Maloletko A.N. The system of higher professional education: Office of economic security// problems of theory and management practice, 2009 №9. pp.80-83

References in Roman script: 1. Zhurnal «Pravoslavnoe obrazovanie» № 1(11). 2015 2. Kovalevskij E.P. Voskresnye shkoly / E.P. Kovalevskij // Narodnoe obrazovanie v Rossii. Istoricheskij al’manah. – M.: Narodnoe obrazovanie, 2000.S.228-232 3. Kuznecov M.N., Bogatyrev A.G., Ponkin I.V. Zakljuchenie na proekt federal’nogo zakona № 121965-6 «Ob obrazovanii v Rossijskoj Federacii» [Jelektronnyj resurs] – Rezhim dostupa: http://www.state-religion.ru/index.php?p=cat&id=22 – (Data obrashhenija: 19.03.2015 g.). 4. «Ob obrazovanii v Rossijskoj Federacii» Federal’nyj zakon ot 29.12.2012 N 273-FZ (red. ot 31.12.2014) // “Sobranie zakonodatel’stva RF”, 31.12.2012, N 53 (ch. 1), st. 7598 5. «O svobode sovesti i o religioznyh ob#edinenijah» Federal’nyj zakon ot 26.09.1997 N 125-FZ (red. ot 31.12.2014) // “Sobranie zakonodatel’stva RF”, 29.09.1997, N 39, st. 4465, 6. Tolstaja A.I. Istorija gosudarstva i prava Rossii. Uchebnik dlja vuzov.– M.: Justicinform, 2010 g. 7. Filippov T.I. Russkoe vospitanie, M.,2008

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The Constitutional Court of the Russian Federation, in one of its judgments, noted that the right to qualified legal assistance ensures the implementation of the other rights in the Constitution of the Russian Federation of the rights and freedoms, in particular the protection Ilyashenko K.V. of their rights by all means not prohibited by law (Art. 2 Art. 45) and to judicial protection Postgraduate student, Department of civil law and process, (Art. 46), to be tried by the court on the basis of equality of the parties (Art. 3 of Art. 123), is in Russian State Social University, Moscow. a relationship with them [1] and cannot be restricted under any circumstances. Accessibility for E-mail: [email protected] УДК 34.03 people qualified legal assistance, strict observance of lawyers and notaries, other private lawyers DOI 10.17922/2412-5466-2015-1-1-50-60 in their professional activity rules of law and professional ethics, influence the formation of the legal culture and a positive type of legal consciousness and behavior of citizens – said in the Principles of State Policy of the Russian Federation in the field of legal literacy and legal awareness of citizens1. Problems of legal regulation of relations The most important forms of legal assistance are the legal services through which citizens implement various constitutional rights (for example the right to liberty and security, the right in the provision of legal services in the to freely use his abilities and property for entrepreneurial and not prohibited by the law of Russian Federation and ways of their solution economic activity, the right to housing, the right to judicial protection of rights and freedoms, and others.). As noted in his thesis research V.P. Tretyakova, the current judicial practice shows that legal services at least once in life, enjoys virtually every citizen, and the relevance of the Receiving date: Preprint date: Taking to print date: study of the topic especially in recent times for legal practitioners obvious [2]. 13.03.2015 27.03.2015 30.03.2015 The importance of the legal regulation of legal services in the Russian Federation recognized today at the state level. In order to improve such regulation adopted the State Program Annotation: The present research concerns the observation of legal regulation’s problems of legal services «Justice»2, which highlighted the need to improve the system of providing legal aid and legal in the Russian Federation and the author’s proposals according to these problems. regulation of legal services in order to increase the level of protection of public interests, the The research topic is chosen due to its relevance and practical significance. The relevance of this study is rights of citizens and organizations. Attention to the topic is quite justified, because, as in due on demand and the constitutional significance of legal services for the whole of Russian society, the lack of regulation of public relations for the provision of legal services. other spheres of social life, sometimes determine the fate of a man (medicine, construction, The object of this research is public relations for the provision of legal services in the Russian Federation. food, transportation of passengers), unsettled, incompetence can harm both property and non- The subject of the research is the legislation of the Russian Federation, which regulates social relations property interests of citizens. legal services, problems and prospects of its development. Professionalism and responsibility in the delivery of legal services can literally save a man The aim of the study is to identify theoretical and practical problems, finding ways to improve the legal (his honor, dignity and business reputation), to defend his property interests. Irresponsibility regulation of legal services in the Russian Federation. As part of this work clarified the concept of legal services, set the identity of the terms «legal services» and unsettled in this area may result in troubles for both the individual citizen and Russian and «legitimate services», the problem of the lack of proper legal regulation of lawyers in private practice society as a whole. The authors investigated the regulations, judicial practice, doctrinal sources and organizations, including foreign ones, in the provision of legal services, the conclusion about the need for of the Russian Federation and some foreign countries, devoted to the legal regulation of legal licensing legal services, paid attention to the problem of the lack of special legal acts regulating the activities services. of legal services, the establishment of «lawyer monopoly» in Russia, the institute «success fee», the problem In the present study investigated issues: the concept of legal services; entities providing of the contract for the provision of legal services. legal services in the Russian Federation; legislation governing the provision of legal services Methodological basis of this study were as common scientific and specifics methods of cognition. We use research methods: logical, dialectical, comparative legal, sociological, systematic and literal interpretation of in the Russian Federation; contract for the provision of legal services; responsibility of the the law, as well as other scientific methods. parties for non-performance or improper performance of obligations in the provision of legal The practical significance of this study lies in the fact that it put forward evidence-based proposals for services. The hypothesis of the study: in spite of the dynamic development of the legal services improving the legal regulation of the provision of legal services, the implementation of which will raise the market in Russia, and their demand for constitutional significance, there are problems in the legal regulation in this area to a higher level and make order on the legal services market of the Russian field of legal regulation of legal services; promising element of the control system of this group Federation. The novelty of this study is expressed in the authors’ proposal to improve existing legislation. of public relations is the licensing. In this paper the author relies on the works of Russian The authors concluded that there is no proper legal regulation of lawyers in private practice and scientists T.E. Abova, S.N. Baburin, E.M. Berlin, S.A. Bogolyubov, A.P. Vershinin, V.V. Vitryansky, organizations, including foreign ones, in the provision of legal services, the inadequacy of the regulatory A.P. Galoganova, L.Y. Grudtsyna, V.Z. Gushina, V.A. Egiazarov, O.S. Joffe, A.Y. Kabalkina, A.G. framework: there are no specific regulations governing the activities of legal services, that it was premature Calpin, N.M. Korshunova, M.V. Krotov, A.V. Orlov, A.S. Pleten, V.F. Papandopolo, B.I. Puginsky, to create Russia «lawyer monopoly» on the inadmissibility, to date, «fee success» unsettled contract for A.P. Sergeev, L.B. Sitdikova, E.A. Sukhanov, D.V. Stepanov, S.A. Stepanov, V.P. Tretyakova, I.L. the provision of legal services, as an independent legal phenomenon that has characteristics and requires appropriate legal regulation. Key words: legal services, legitimate services, regulation, legislation, «success fee», a right by law. Federation on amendments to the Constitution of the Russian Federation dated 30.12.2008 № 6-FKZ, from 30.12.2008 № 7-FKZ // 1 Rossiyskaya Gazeta No. 237 dated 25 December 1993. The Constitution of the Russian Federation states that everyone has the right to qualified 1 Principles of state policy of the Russian Federation in the sphere of development of legal literacy and legal awareness of legal assistance. citizens appr. The President of the Russian Federation 28.04.2011 № PR-1168 // Rossiyskaya Gazeta, No. 151, 14.07.2011. 2 The decree of the RF Government dated 04.04.2013 No. 517-R «On approval of the state program of the Russian Federation 1 The Constitution of the Russian Federation (adopted by popular vote 12.12.1993) subject to the amended Laws of the Russian «Justice» // Collected legislation of the Russian Federation, 08.04.2013, No. 14, item 1743. 50 51 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

Trunov, L.V. Tumanova, A.K. Turkmenyan, R.R. Farutin, T.M. Shamba, A.E. Sherstobitova, G.F. «legal activities» activities such as: representation of the interests of one party against the Shershenevich, O.M. Shchukovskaya, V.F. Yakovlev and other. other party in the courts, providing recommendations and advice on General matters, including Taking into account the considerable amount of research in this field, we note that it is not the preparation of legal documents, the work of public notaries, patent attorneys. given exhaustive answers to some important questions, including: no definition of the legal From the foregoing it is clear that there are no grounds for the allocation of legal services services that reflects all its essential features, there is an ambiguity in the use of the terms separately from legal. «legal services» and «legitimate services», in our opinion, not entirely correct approach to how We believe that it is correct to use considering the terms as synonyms. The Supreme to regulate the activities of private lawyers and organizations, including foreign ones, in the Arbitration Court of the Russian Federation refers to legal services, in particular, written provision of legal services, do not cease debate in the scientific community on the introduction consultations and explanations on legal issues; draft contracts, applications, complaints and of «lawyer monopoly» in Russia, ambiguous attitude of researchers to «success fee» does not other legal documents, and so on [9]. Common type of legal services is the representation and solve the problem of the contract for the provision of legal services. On these issues the author protection of interests of legal entities and individuals in various judicial and non-judicial of the present study gives their answers, offers solutions to existing problems in the sphere of bodies. The most important problem in the field of legal regulation of relations in the provision relations legal services in Russia. of legal services in Russia is the lack of activity of «free» lawyers and organizations providing Under the service, in the civil law of the Russian Federation is carried out by the contractor legal services today. G. M. Reznik called the situation with the legal regulation in Russia legal of certain actions or the exercise of certain activities on behalf of the customer. With the aid in general, and legal services particularly shameful. «Those who advocate the community development of market relations and the Russian economy as a whole, develops and expands expels from their ranks, are established as entrepreneurs and continue to fool people head the market of services, including legal. This service is in demand as business entities and already without any threat of being prosecuted» [10] – says Henry Markovic. Deputy Minister of citizens, not related to entrepreneurship. Despite the importance of this kind of services for justice of the Russian Federation Elena Borisenko, noted that Russian society today, they have no legal regulation, there remain a number of open theoretical «the problem is that in Russia there is no regulation of the legal services market as a whole. questions. What is a «legal service»? The legal definition of this phenomenon in the legislation Today man is not something that without a higher law, but even without secondary education of the Russian Federation is not. The doctrine of the civil law there are several definitions of may practice law» [11]. legal services, but, as seen, not one of them cannot be considered acceptable. The consequence of the lack of proper legal regulation of relations in the provision of legal Y. C. Romanenko proposes understand the legal service «legally significant actions, i.e. services in the Russian Federation is the situation when legal services can have anyone, not actions that entail the occurrence, change or termination of rights and obligations» [3]. having the necessary experience, special education, and education in general. This concept, in our opinion, does not cover such legal services, whether oral or written In the current situation is a violation of the principles laid down not only in the Russian legal advice, preparation and drafting of all legal documents, including petitions, complaints, legislation and international legal acts, which are an integral part of the Russian legal system. motions and other D. C. Musukin offers the following definition: legal service is a set of actions In the «Basic principles on the role of lawyers»1 states that governments should provide specialist in the field of law, aimed at meeting the needs of the legal nature of client or adequate qualifications and training of lawyers and knowledge of their professional ideals indissoluble unity of such actions and their results [4]. This definition, in our opinion, suffers and moral duties and human rights and fundamental freedoms recognized by national and from a too general statement and is rather idealistic relatively modern Russian legal reality, as international law. As rightly said in her dissertation, V. S. Kachkovskiy, «Russia is constantly today legal services can assist any person who is not only not a specialist in the field of law, but required the strengthening of the authority in the world. The current situation deregulation with no legal education. of the sphere of legal assistance testifies to the backwardness of Russian law and creates the We propose the following definition of legal services: «this is a reimbursable activity (set of impression of a very low role of law in Russia» [12]. Today many complaints about the level of actions), the contractor carried out on the basis of a contract on the job and in favor of ukugaragara, qualifications of Russian lawyers in General and private practice lawyers in particular. Inefficient, to help meet their individual needs related to law and right, typically requiring special legal unfair, in violation of the law of persons present in the bar, and private legal consulting. However, education». It seems to be necessary to pay attention to the concept of « legal service ». This term a lawyer can complain about his «superiors» in the Board which, if warranted, may raise the issue is used in the doctrinal literature and judicial practice, along with the term «legal services», which of deprivation of the status of the guilty lawyer at that time how to apply such sanctions to implies that the legal existence apart from certain legal services. We believe that this assumption a private lawyer would not be possible. In the judicial community «keeping order» qualification is not correct. We believe it is acceptable to identify the concept of «law» and «legal» services, Board of judges, prosecutors and certification Commission and personnel, investigative because, in fact, mean the same thing – providing knowledgeable in the field of law by a person agencies – the internal security service in the bar and certification Board, the notary – the (the contractor) of services to the customer. Moreover, semantically, the word «legal» is revealed chamber of notaries, patent attorneys – the Federal service for intellectual property. Using through the concept of «legitimate» [5, 6]. This view is supported L. P. Gulyaev – he identifies interviews, examinations, testing, and other procedures in these structures, the question about legal services [7], A. C. eagles – definition, legal assistance, legal services at low or no cost [8]. the professional qualification of a lawyer. In the sphere of private legal consulting control is The position of the researchers confirmed in a letter to the Ministry of justice of the Russian missing, which contributes to the activities of unscrupulous, unqualified persons on the legal Federation of January 19, 1998 No. 09-27 «On licensing of in-house legal services»1, in which services market. The need to settle the legal to provide legal services to persons not having the the concept of «legal services» and «legal services» are used as synonyms. status of a lawyer admits, perhaps, all of the legal community. But there is no unity in the idea Note that the all-Russian classifier of types of economic activity2 also does not divide of how to do it. services in the field of the right to legal. It brings together in one group We believe that given the current legal traditions of Russia and the practice of the Supreme 1 Letter of the Ministry of justice of the Russian Federation 19.01.1998 No. 09-27 «On licensing of paid legal services» // Bulletin judicial authorities of the Russian Federation, the optimal model regulation on the provision of the Ministry of justice of the Russian Federation, No. 1, 1998. 2 OK 029-2014 (NACE Ed. 2). The all-Russian classifier of types of economic activity. Decl. By order of Rosstandart from 1 The basic principles on the role of lawyers, adopted by the eighth Congress of the United Nations on the prevention of crime 31.01.2014 No. 14-st. and the treatment of offenders, Havana, 27 August to 7 September 1990. 52 53 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 of legal services is the licensing of legal services, as an independent systematically carry out Consider proper to impose authority on licensing at the Ministry of justice of the Russian professional activity in order to prevent harm to the rights, lawful interests of citizens, the Federation. possibility of application of which is connected with the implementation of legal entities and The problem in the sphere of legal regulation of relations in the provision of legal services individual entrepreneurs of the specified kind of activity. in Russia is the absence of specific regulations governing these activities. Today, legal services In support of its proposal, we note that today in many sectors of the economy, public services only partially find their regulation in the Civil code of the Russian Federation. In the mentioned and social sphere widely used regulation of admission to the profession. For example, without legal act contains no special requirements for persons providing the services. From the text performing any special requirements it is impossible to provide the assistance and services of article 779 of the Civil code of the Russian Federation regarding the characteristics of the of a medical nature, to carry out the engineering activity or audit, to be in public service, to entities providing services, we can highlight only the following: first, that services are provided engage in military science, to manage any form of transportation, to conduct educational personally by the contractor and, secondly, provides them to the customer. While the relationship activities, etc. Admission to the most demanding skill occupations is only possible subject to for the provision of legal services have no legal regulation, some other services deservedly standard conditions: the availability of special education (always) experience/experience (for devoted to entire Federal laws and regulations. Thus, activities in the provision of medical senior positions) and positive moral characteristics (for humanitarian professions) [13]. services is regulated by the Federal law «On the fundamentals of health protection of citizens The licensing system will test the professional competence of lawyers willing to provide legal in the Russian Federation»1 and other normative legal acts, including The rules for provision of services, to control the market and the quality of legal services. The threat of withdrawal of health care organizations paid medical services2; catering services regulated by the Rules of the license for illegal actions, first, is to discipline lawyers, and secondly, will be excluded from rendering of services of public catering3; transport of passengers is regulated by the Civil code the legal community unscrupulous persons. In this regard, we note that this study proposes of the Russian Federation4 (Art. 786), by Rules of transportations of passengers and Luggage to grant a license to a lawyer engaged in entrepreneurial activities in the provision of legal by road transport and urban land-electric vehicles5 and other normative-legal acts;-forwarding services and legal entity. This regulation will allow, first, to increase the level of responsibility activities dedicated to the Federal law «On transport-forwarding activity»6; maintenance and of a lawyer for their actions, as in the case of bad faith licenses will be deprived of a specific repair of vehicles regulated The rules of rendering of services (works) maintenance and repair person, and secondly, to regulate the market for legal services, because it will be able to enter of vehicles7. To solve the above problems, we propose to adopt a Federal law governing the only legal entities or individual entrepreneurs that meet certain requirements. We think that provision of legal services in the Russian Federation, to develop and approve the regulation citizens wishing to obtain a license for the provision of legal services must meet the following On licensing of activity on rendering of legal services, to amend the Federal law «On licensing requirements: separate types of activities»8 , adding to paragraph 1 of article 12 of the aforementioned law – whether the citizen status of an individual entrepreneur; sub clause 36.1 as follows: «the provision of legal services», to develop and adopt rules and – the presence of higher legal education received in the educational establishment of higher standards for the provision of legal services, to develop and approve the code of ethics of the professional education with state accreditation; lawyer, the violation of the provisions which can result in loss of license for practicing lawyer – the presence of the license applicant has work experience in the legal profession for at and/or an organization which employs violated. least two years; Today, there are increasing calls to introduce in Russia lawyer monopoly [15]. In our opinion, – submission by the applicant of the exam. at the present stage of development of Russian law the creation in Russia of the advocates Legal persons are invited to submit the following requirements: monopoly is unacceptable, there is no objective conditions, including legal. – specify in the founding documents that provide legal services is the main activity of the Seems wrong to form a uniform Corporation lawyers, beyond which it is impossible to provide organization; legal services and to call it advocacy. The creation of such a Corporation today is contrary to the – the presence of the head or Deputy head of the legal entity or the head of structural division Constitution of the Russian Federation, Federal law «About lawyer activity and legal profession» responsible for the provision of legal services, legal education received in the educational other normative legal acts of the Russian Federation, the traditions of the legal profession in institution of higher professional education with state accreditation of work experience in Russia, the judicial practice of the Supreme judicial courts of the Russian Federation. Guaranteed the legal profession not less than two years, put in the prescribed manner the qualification by the Constitution of the Russian Federation promoting competition, freedom of economic examination; activity, recognition and equal protection of various forms of ownership, the right of everyone – employees of organizations that directly provide legal services must have a higher legal to freely use their abilities and property for entrepreneurial and other not prohibited by the law education received in the educational establishment of higher professional education with of economic activity, the right of everyone to freely use their abilities to work, to choose the state accreditation and work experience in the specialty for not less than one year, as well as type of activity and profession (article 8 and article 34; article 37, part 1) create a legal basis a document certifying the qualification exam. 1 Federal law of 21.11.2011 No. 323-FZ «About the fundamentals of health protection of citizens in the Russian Federation» // The actual problem today is the work of foreign specialists in the provision of legal services. Rossiyskaya Gazeta, No. 263, 23.11.2011. 2 The decree of the RF Government dated 04.10.2012 No. 1006 «On approval of Rules for the provision of medical organizations Individuals who have a foreign law degree, it is proposed to issue a license, confirming the of paid medical services» // Rossiyskaya Gazeta, No. 233, 10.10.2012. right of its owner to provide legal services, law in the foreign state, which received the diploma 3 Resolution of the Government of the Russian Federation from 15.08.1997 No. 1036 «On approval of Rules of rendering of services of public catering» // collected legislation of the Russian Federation, 25.08.1997, No. 34, item 3980. and passed a qualifying exam in law of such state. Accordingly, foreign legal entities, for the 4 Civil code of the Russian Federation (part two) from 26.01.1996 No. 14-FZ // collected legislation of the Russian Federation, provision of legal services by the Russian legislation should be in the state of citizen of the 29.01.1996, No. 5, p 410. Russian Federation, earned a law degree at the institution of higher education accredited with 5 Regulation of the RF Government on 14.02.2009 No. 112 “On approval of Rules of transportation of passengers and Luggage by road transport and urban land-electric transport” // collected legislation of the Russian Federation, 02.03.2009, No. 9, item 1102. work experience not less than two years and passed a qualifying exam. A. I. Muranov rightly 6 Federal law dated 30.06.2003 No. 87-FZ «On transport-forwarding activity» // Parlamentskaya Gazeta, No. 120, 03.07.2003. notes: «when all will know that deprivation professional status will need some way to earn 7 Resolution of the Government of the Russian Federation of 11.04.2001 No. 290 «On approval of Rules of rendering of services (works) maintenance and repair of motor vehicles» // Rossiyskaya Gazeta, No. 80-81, 25.04.2001. a living, then immediately begin to take their duties more seriously» [14]. 8 Federal law dated 04.05.2011 № 99-FZ «On licensing certain types of activities» // Rossiyskaya Gazeta, No. 97, 06.05.2011. 54 55 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 for the implementation of legal persons and physical persons – entrepreneurs of activity on 1) the reference to a lawyer (lawyers), accepts (accept) the execution of the order as rendering of legal services [16]. a solicitor (attorney) and its (their) belonging to legal education and law chamber; As noted in one of its decisions the constitutional Court of the Russian Federation, the 2) the subject of the order; activities of lawyers is not a business or any other not prohibited by law, in economic activity 3) the terms and amount of payment by the Trustee remuneration for the legal services or an and not intended profit [17]. In accordance with the senior 779 of the civil code, the contract indication that legal assistance is provided to the client free of charge in accordance with the of compensated providing of services the contractor undertakes the task of the customer to Federal law «On free legal aid in the Russian Federation»1; provide services (to perform certain acts or to carry out certain activities), and customer shall 4) the manner and amount of compensation lawyer (lawyers) related to execution of the pay for these services. It is in the plane of the payment of legal services is the next issue that instruction, except when legal assistance is provided to the client free of charge in accordance will be considered. with the Federal law «On free legal aid in the Russian Federation»; To the client it is important to achieve a positive result – solve in the legal field. To demand 5) the size and nature responsibility of the lawyer (lawyers), accepts (accept) the execution from the contractor, the client may not, because the very nature of the contract of compensated of the order. providing of services implies the payment it is the actions of the contractor and not the result To date, the agreement for the provision of legal services is not regulated by Russian of such actions. How to «force» of the contractor to operate as efficiently as possible, the legislation as a unique phenomenon of civil rights. To apply the general rules of the Treaty shortest way to go to the cherished goal, not to delay the solution to the problem? We cannot and the provisions on the contract of compensated providing of services. The exception is the force, but can be stimulated. Such an incentive in the field of legal services is «success fee», agreement on rendering legal assistance concluded between the lawyer and his client, which which is commonly understood as remuneration, the payment or amount of which is dependent settled Art. 25 Federal law «About lawyer activity and legal profession». on the outcome of the case, i.e. due to the imposition of a positive solution for the client of the It seems to be necessary as the essential conditions of contract for the provision of legal court [18] or other governmental authority. services to consider the identity of the contractor’s legal services. We believe that if the On the one hand, this condition forces the lawyer to work as efficiently as possible on performer is a citizen, then he must indicate his / her surname, name, patronymic, passport the result. On the other hand increases the risk of corruption and other unlawful methods of data. Due to our proposals on licensing of legal services necessary to specify the details of the influence on the decision on the case. In the present litigation is the way of the prohibition license, or even better attach to the contract a copy of it. of «success fee» that is reflected in the decision of the constitutional Court of the Russian In cases where the contractor is a legal entity in the contract must contain, in addition to Federation dated 23 January 2007, № 1-P «On the case about the verification of constitutionality information about the location and the name, postal address (enterprises, institutions), the of the provisions of paragraph 1 of article 779 and paragraph 1 of article 781 of the Civil code of mode of its operation, and also specific; the contractor indicating the above-mentioned data for the Russian Federation in connection with complaints of limited liability company «Agency of individuals, except for designated bases and places of registration, as in the case of violations of corporate security» and citizen centuries Makeev» [19] and Information letter of the Presidium the client’s claim seems to be correct, to give to the organization. of the Supreme Arbitration Court of the Russian Federation of September 29, 1999, № 48 «On If the contractor is an individual entrepreneur, in addition to the information that must be some issues of judicial practice arising from disputes related to contracts for the provision of specified individuals, is required for state registration as individual entrepreneurs, including legal services» [20]. Today, the rule according to which is not subject to satisfaction of the you must specify the authority that registered the person as an individual entrepreneur and his requirement the contractor’s legal services on payment of remuneration, if this requirement the legal address. plaintiff proves the condition of the contract, raising the fees for the services in reliance on the In this study provided a number of theoretical and practical problems that exist today in the decision of the court or public authority, which will be adopted in the future. provision of legal services, the proposed solutions. In this paper the notion of legal services, No less urgent problem than the legal fees is a question of the relationships between the established the identity of the terms «legal services» and «legitimate services» discussed the provision of legal services. In this regard, we note that the most important element in the issue of lack of proper legal regulation of the activities of the «free» lawyers and organizations, regulation of relations on the provision of legal services is a contract for the provision of legal including foreign ones, in the provision of legal services, paid attention to the lack of special services. On this contract, the contractor undertakes the task of the customer to provide legal legal acts, regulating the provision of legal services, the creation of «legal monopoly» in Russia, services to perform certain acts or to carry out certain activities), and the customer undertakes the Institute of «success fee», the issue of contract for the provision of legal services. to pay for them. The only essential condition of the contract on rendering of legal services is In this study, the proposed solutions to identified problems. We believe that the its subject. implementation proposed by the author in this study proposals will raise the legal regulation of Jurisprudence defines the subject of the contract on rendering of legal services through the legal services in the Russian Federation to a qualitatively new level. activities of the lawyer in a particular case, inclines and jurisprudence: «the agreement for the provision of legal services can be considered as concluded, if it lists specific actions that must References in English: be made by the contractor, or contains a specific activity, which he is obliged to carry out ...» 1. The decision of the constitutional Court of the Russian Federation dated 25.10.2001 No. 14-P [21]. The selection of the subject matter of the contract on rendering of legal services as the «On the case about the verification of constitutionality of the provisions contained in articles 47 and 51 of the Criminal procedure code of the RSFSR and paragraph 15 of part two of article only essential conditions specified in the contract, in our opinion, is the lack of proper legal 16 of the Federal law «On detention of persons suspected and accused of committing crimes» regulation of contract for the provision of legal services. Faithful is a sign the Federal law «On in connection with complaints A. P. Besides, Century, Kislitsina and I. C. Moskvicheva» // advocacy and the advocacy»1 that the essential terms of the agreement for the provision of Rossiyskaya Gazeta, No. 223, 14.11.2001. legal assistance are: 2. Tretyakov V.P. Liabilities compensated providing of legal services: Diss. ... of candidate of legal Sciences. Tomsk, 2009. 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3. Romanets Y. B. System contracts in the civil law of Russia. M. 2001. pp. 409-410; Romanets related to contracts for the provision of legal services» (para. 2 p. 1) // Bulletin of the SAC. Y. C. General description of contracts for the provision of legal services (Commission, 1999. No. 11. Commission, Agency) // the Law. 2001. No. 4. P. 38. 22. The contract as a means of legal regulation of relations in sphere of rendering of services: 4. Musukin D. C. Legal provision of the legal services market. Abstract. Diss... Kida. jorid. problems of theory and practice: monography -М.: VAKO, RSSU, 2015. Sciences. Tomsk. 2007. P. 13. 23. Iluhina G.I. Management analysis in industries: the Abstract of lectures and methodical 5. Ozhegov S. I., Shvedova N. Y. Dictionary of the Russian language. M: «State publication of complex / Under the editorship of. A.N. Maloletko. М.: RSUTSS: “Paleotip”, 2008. foreign and national dictionaries», 1952. P. 776. 6. Azrilian A. N. Legal dictionary. M: the new Economics Institute, 2014. P. 1141. References in Roman script: 7. Gulyaev A. P., Rivkin, K. E., Sarakina O. C., Adushkin C. M. the Commentary to the Federal law 1. Postanovlenie Konstitucionnogo Suda RF ot 25.10.2001 № 14-P «Po delu o proverke «About lawyer activity and legal profession». M: Exam, 2004. P. 160. konstitucionnosti polozhenij, soderzhashhihsja v stat’jah 47 i 51 Ugolovno – processual’nogo 8. Orlov A. V. Civil-legal regulation of relations in the sphere of legal services. Diss. ... of kodeksa RSFSR i punkte 15 chasti vtoroj stat’i 16 Federal’nogo zakona «O soderzhanii pod candidate of legal Sciences. M., 2009. P. 55. strazhej podozrevaemyh i obvinjaemyh v sovershenii prestuplenij», v svjazi s zhalobami 9. Information letter of the Presidium of the Russian Federation from 29.09.1999 № 48 «On grazhdan A.P. Golomidova, V.G. Kislicina i I.V. Moskvicheva» // Rossijskaja gazeta, № 223, some issues of judicial practice arising from disputes related to contracts for the provision of 14.11.2001. legal services» // Bulletin of the SAC, No. 11, 1999. 2. Tret’jakova V. P. Objazatel’stva vozmezdnogo okazanija juridicheskih uslug: Diss. … 10. Rossiyskaya Gazeta, No. 245, 27.10.2014. kandidata juridicheskih nauk. Tomsk, 2009. S. 61. 11. Materials site: http:// www.pravo.ru/. 3. Romanec Ju.B. Sistema dogovorov v grazhdanskom prave Rossii. M. 2001. S. 409-410; 12. C. S. Kashkovskiy. Legal aid as a legal category and socio-legal phenomenon: theory and Romanec Ju.V. Obshhaja harakteristika dogovorov okazanija juridicheskih uslug (poruchenie, practice: dissertation ... of candidate of legal Sciences. Tambov, 2009. P. 125. komissija, agentirovanie) // Zakonodatel’stvo. 2001. № 4. S. Z8. 13. C. S. Kashkovskiy. The above work. P. 123. 4. Muzjukin D.V. Pravovoe obespechenie rynka juridicheskih uslug. Avtoref. diss… kand. jurid. 14. A. I. Muranov Documents of the international Association of lawyers and the need to establish nauk. Tomsk. 2007. S. 13. in Russian law qualification requirements for persons providing professional in Russia legal 5. Ozhegov S.I., Shvedova N.Ju. Slovar’ russkogo jazyka. M.: «Gosudarstvennoe izdanie services. M., 2008. (The site materials: http://www.rospravo.ru/). inostrannyh i nacional’nyh slovarej», 1952. S. 776. 15. Tabak A. J. Advocate s monopoly required // the Moscow news, No. 030, dated 12 may 6. Azrilijan A.N. Juridicheskij slovar’. M.: Institut novoj jekonomiki, 2014. S. 1141. 2011.;Bugaenko A. I. Theory, legal aspects and practice of providing free legal aid lawyers: 7. Guljaev A.P., Rivkin K.E., Sarajkina O.V., Judushkin S.M. Kommentarij k Federal’nomu zakonu author. dis. ... candles. jorid. Sciences. M., 2010. P. 19. «Ob advokatskoj dejatel’nosti i advokature». M.: Jekzamen, 2004. S. 160. 16. The decision of the constitutional Court of the Russian Federation dated 16.07.2004 No. 8. Orlov A.V. Grazhdansko-pravovoe regulirovanie otnoshenij v sfere okazanija juridicheskih 15-P «On the case about the verification of constitutionality of part 5 of article 59 of the uslug. Diss. … kandidata juridicheskih nauk. M., 2009. C. 55. Arbitration procedural code of the Russian Federation in connection with requests of the 9. Informacionnoe pis’mo Prezidiuma VAS RF ot 29.09.1999 № 48 «O nekotoryh voprosah State Assembly – Kurultai of the Republic of Bashkortostan, the Governor of the Yaroslavl sudebnoj praktiki, voznikajushhih pri rassmotrenii sporov, svjazannyh s dogovorami na region, the Arbitration court of the Krasnoyarsk territory, the complaints of a number of okazanie pravovyh uslug» // Vestnik VAS RF, № 11, 1999. organizations and citizens» // Rossiyskaya Gazeta, No. 158, 27.07.2004. 10. Rossijskaja gazeta, № 245, 27.10.2014. 17. The decision of the constitutional Court of the Russian Federation from 23.12.1999 No. 18-P 11. Materialy sajta: http:// www.pravo.ru/. «On the case about the verification of constitutionality of certain provisions of articles 1, 2, 12. V.S. Kashkovskij. Juridicheskaja pomoshh’ kak pravovaja kategorija i social’no-pravovoe 4 and 6 of the Federal law of January 4, 1999 «On tariffs of insurance contributions to the javlenie: voprosy teorii i praktiki: dissertacija ... kandidata juridicheskih nauk. Tambov, 2009. Pension Fund of the Russian Federation, social insurance Fund of the Russian Federation, State S. 125. employment Fund of the Russian Federation and in the compulsory health insurance funds 13. V.S. Kashkovskij. Ukaz. soch. S. 123. for 1999 and article 1 of the Federal act of 30 March 1999 «On introduction of amendments 14. A.I. Muranov Dokumenty mezhdunarodnoj associacii juristov i neobhodimost’ ustanovlenija and addenda to Federal law «On tariffs of insurance contributions to the Pension Fund of the v rossijskom prave kvalifikacionnyh trebovanij k licam, professional’no okazyvajushhim Russian Federation, social insurance Fund of the Russian Federation, State employment Fund v Rossii juridicheskie uslugi. M., 2008. (Materialy sajta: http://www.rospravo.ru/ ). of the Russian Federation and in the compulsory health insurance funds in 1998 in response 15. Tobak A.Ja. Advokatskaja monopolija neobhodima // Moskovskie novosti, № 030 ot 12 maja to complaints from citizens, public organizations of disabled persons and vessels requests» 2011.;Bugarenko A.I. Teorija, pravovye aspekty i praktika okazanija grazhdanam besplatnoj // collected legislation of the Russian Federation, 17.01.2000, No. 3, P. 353. juridicheskoj pomoshhi advokatami: Avtoref. dis. … kand. jurid. nauk. M., 2010. S. 19. 18. Practice consideration of commercial disputes: the analysis and comments of the resolutions 16. Postanovlenie Konstitucionnogo Suda RF ot 16.07.2004 № 15-P «Po delu o proverke of the Plenum and reviews of the Presidium of the Supreme Arbitration Court of the Russian konstitucionnosti chasti 5 stat’i 59 Arbitrazhnogo processual’nogo kodeksa Rossijskoj Federation / I. C. Reshetnikova, M. A. Rozhkov, D. C. Afanasiev and others; Ed. by L. A. Federacii v svjazi s zaprosami Gosudarstvennogo Sobranija – Kurultaja Respubliki Novoselova, M. A. Rozhkova. M: The Statute, 2011. Issue 15. Bashkortostan, Gubernatora Jaroslavskoj oblasti, Arbitrazhnogo suda Krasnojarskogo kraja, 19. The decision of the constitutional Court of the Russian Federation dated 23 January 2007, zhalobami rjada organizacij i grazhdan» // Rossijskaja gazeta, № 158, 27.07.2004. № 1-P «On the case about the verification of constitutionality of the provisions of paragraph 17. Postanovlenie Konstitucionnogo Suda RF ot 23.12.1999 № 18-P «Po delu o proverke 1 of article 779 and paragraph 1 of article 781 of the Civil code of the Russian Federation in konstitucionnosti otdel’nyh polozhenij statej 1, 2, 4 i 6 Federal’nogo zakona ot 4 janvarja connection with complaints of limited liability company “Agency of corporate security and 1999 goda «O tarifah strahovyh vznosov v Pensionnyj fond Rossijskoj Federacii, Fond citizen centuries Makeeva» // Rossiyskaya Gazeta on February 2, 2007, № 2. social’nogo strahovanija Rossijskoj Federacii, Gosudarstvennyj fond zanjatosti naselenija 20. Information letter of the Presidium of the Supreme Arbitration Court of the Russian Rossijskoj Federacii i v fondy objazatel’nogo medicinskogo strahovanija na 1999 god» i stat’i Federation of September 29, 1999 N 48 «On some issues of judicial practice arising from 1 Federal’nogo zakona ot 30 marta 1999 goda «O vnesenii izmenenij i dopolnenij v Federal’nyj disputes related to contracts for the provision of legal services» // Bulletin of the Supreme zakon «O tarifah strahovyh vznosov v Pensionnyj fond Rossijskoj Federacii, Fond social’nogo Arbitration Court of the Russian Federation, 1999, № 11. strahovanija Rossijskoj Federacii, Gosudarstvennyj fond zanjatosti naselenija Rossijskoj 21. 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18. Praktika rassmotrenija kommercheskih sporov: analiz i kommentarii postanovlenij Plenuma i obzorov Prezidiuma Vysshego Arbitrazhnogo Suda Rossijskoj Federacii / I.V. Reshetnikova, M.A. Rozhkova, D.V. Afanas’ev i dr.; pod red. L.A. Novoselovoj, M.A. Rozhkovoj. M.: Statut, 2011. Vyp. 15. 19. Postanovlenie Konstitucionnogo Suda RF ot 23 janvarja 2007 g. № 1-P «Po delu o proverke Kaurova O.V. konstitucionnosti polozhenij punkta 1 stat’i 779 i punkta 1 stat’i 781 Grazhdanskogo kodeksa Dean of the Faculty of PhD Studies and Teaching Researchers and Academic Rossijskoj Federacii v svjazi s zhalobami obshhestva s ogranichennoj otvetstvennost’ju Personnel, Russian State Social University, Moscow. «Agentstvo korporativnoj bezopasnosti» i grazhdanina V.V. Makeeva» // Rossijskaja gazeta E-mail: [email protected] ot 2 fevralja 2007 g. № 2. Saak A.A. 20. Informacionnoe pis’mo Prezidiuma Vysshego Arbitrazhnogo Suda RF ot 29 sentjabrja 1999 g. Post graduate student, Faculty of PhD Studies and Teaching Researchers and N 48 «O nekotoryh voprosah sudebnoj praktiki, voznikajushhih pri rassmotrenii sporov, Academic Personnel, Russian State Social University, Moscow. svjazannyh s dogovorami na okazanie pravovyh uslug» // Vestnik Vysshego Arbitrazhnogo E-mail:[email protected] Suda Rossijskoj Federacii, 1999 g., № 11. 21. Informacionnoe pis’mo Prezidiuma Vysshego Arbitrazhnogo Suda RF ot 29.09.1999 № 48 «O Revyakina T.U. nekotoryh voprosah sudebnoj praktiki, voznikajushhih pri rassmotrenii sporov, svjazannyh Postgraduate student, Russian State University of Tourism and Service, Moscow. s dogovorami na okazanie pravovyh uslug» (abz. 2 p. 1) // Vestnik VAS RF. 1999. № 11. E-mail:[email protected] 22. Dogovor kak sredstvo pravovogo regulirovanija otnoshenij v sfere okazanija uslug: problemy УДК 334.7 teorii i praktiki: monografija. -M.: VAKO, RGSU, 2015. DOI 10.17922/2412-5466-2015-1-1-61-66 23. Iljuhina G.I. Upravlencheskij analiz v otrasljah: Konspekt lekcij i uchebno-metodicheskij kompleks/Pod red. A.N. Maloletko. M.: FGOUVPO «RGUTiS»: Izd-vo «Paleotip», 2008 REFERENCE TO ARTICLE Small business in tourism industry Ilyashenko, K. V.(2015) Problems of legal regulation of relations in the provision of legal services in the Russian Federation and ways of their solution, Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 50-60. DOI: 10.17922/2412-5466-2015-1-1-50-60. as a functional element region’s tax capacity

Receiving date: Preprint date: Taking to print date: 13.03.2015 30.03.2015 30.03.2015

Annotation: Development of the region depends on the formation and implementation of its tax capacity, the stability of its economy in general, and with the expansion of tax bases of more importance will become a problem of proportionality of tax revenues from different sectors of the economy, from the point of view of their tax potential. Consequently, the tax potential of the region should be evaluated according to different sectors. Only an estimate of tax revenues by industry featured fully capable to predict and the actual income, and determine the potential of potential tax revenue. In the existing economic system of society, the role of the tax potential of small businesses in general, and the tourist industry, in particular, consists in the fact that the small businesses can provide employment to the population and will give some special preservation to the state financial resources, presuming the involvement of people in the credit, insurance, and investment process. The entrepreneurs are interested in the tourism sector because of the fact that the tourist business does not require a large investment and allows you to wrap capital quickly. The experience of foreign countries in the development of market relations suggests that the tax capacity of small enterprises is able to stabilize the economic system of society in this regard, and it has been considered necessary by the author to study the formation of the tax potential of the regions in Russia. The objective approach is the methodological basis of the research, it has allowed to use the theoretical concepts and statistics. The research has as its results the release of the main stages of the management process tax potential, the passage of which shall be provided by a particular algorithm developed by the authors and presented by them in the present article. It is concluded that the algorithm developed by the authors allows governments to form a tax potential of the region by improving the quality use of their tax bases and by proper identification of sources for increased tax revenues in the Russian Federation. Key words: small businesses, tax potential, the tourism industry, region.

Financial independence and a sustainable socio-economic growth of the Russian Federation is a major aspect of those to determine tax policy at the regional level. The main means to implement tax policy regionally are tax revenues.

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Tax revenues are means of legal entities and individuals that, according to the tax laws, are Table 2 to be paid and transferred to the federal, regional or local budget [7]. The list of indicators of the development of small and medium-sized businesses The basis of tax revenue is tax capacity, which currently is not used to the full, so tax receipts in the leading countries of the world and the Russian Federation from tourism in the Russian Federation account for only 10% of total tax revenues [21]. Number of small The share of small and The share of small and Too little tax revenue from the tourist industry proceeds from the the little attractiveness of and medium-sized medium-sized businesses medium business in local tourist products to consumers. Сountry businesses per 1,000 in the total employed GDP,% A lot of regions in the Russian Federation have large unused areas and in government and residents population,% business closely interact they will be able to develop the tourism industry on the scale, and United States 74,2 54,0 50-52 to hold Russian tourists in the country and to attract foreign tourists to travel to the country. High natural-resource potential of Russian regions is closely related to a high potential tax Italy 68,0 73,0 57-60 bases, which is able to increase significantly tax revenues and to give a new turn to the socio- Japan 49,6 78,0 52-55 economic development, if proper business organization and some governmental support be Great Britain 46,0 49,0 50-53 visible. The EU as a whole 45,0 72,0 63-67 In the Russian Federation, only few regions develop tourism despite the vastness of their Germany 37,0 46,0 50-54 territories. For comparison, see the statistics of domestic tourism according to news agency France 35,0 54,0 55-62 “Tourist Information” below (Table 1). Russian Federation 5,62 9,6 10-11 Table 1 Most popular tourist regions in Russia,% travelers Comparative analysis of the functioning of small and medium-sized businesses shows that such types of businesses take up to 75% of the market and give to 50-67% of GDP, while in the Regions 2012 2013 Russian Federation, it takes up only 10-11% of GDP that indicates with evidence that measures Krasnodar region 29 28 to support small businesses in the Russian Federation are not very effective. Tourism, meanwhile, is one of the few developing sustainable businesses. According to Karelia 14,5 14,4 international statistics the tourism industry accounts for about 6% of the world gross domestic Saint Petersburg 12,7 12,9 product, 7% of world investment, 11% of the world consumer spending, 5% of all tax revenues, Golden Ring 9,5 8,7 and every 16th workplace is created in tourist industry [10]. Interest to entrepreneurs in tourism is determined, firstly, by the fact that the tourist Minvody 6,9 7,0 business does not require large investments and allows one to wrap quickly the capital. Secondly Altai 5,8 6,3 medium and small firms act very successfully in the tourist market, interacting with big business Baikal 5,1 6,1 representatives. According to the evaluation, conducted by Strategy Partners, tourism industry proved with the highest multiplier effect, i.e. it is stimulating the development of many sectors Ural 5,0 5,8 of the economy, and leaves behind the oil, food and transportation industries. That is why Moscow region 3,9 2,9 tourism is one of the most promising sectors of the economy in all countries of the world, and it Moscow 2,8 2,7 also must also be a priority in Russia. However, despite the fact that the tourism industry in Russia has a great potential, the Other regions 4,8 5,2 tourism potential of the country’s enterprises is used only for 20%. This was stimulated by the negative impact of the economic and financial crisis. In recent years, there is a redistribution of These statistics show a very low tourist attraction regions. Only 10 regions of the Russian preferences of Russian citizens toward the rest in the domestic resorts. At the end of 2012 the Federation can be identified as more or less attractive. volume of domestic tourist flow increased by 3% compared to last year and the international Karelia, Mineralnye Vody, Altai, Baikal, the Urals have beautiful nature with a variety of tourist flow decreased by 3% over the same period [21]. However, the growth in domestic tourist sources that can attract tourists. However, the statistics show a low percentage of attendance flow was largely driven by tourists who organize their trips by they own. These factors led to a Russians in these regions. drop in revenues of tour operators. It should be noted that in the tourism and related industries the main part is that one of Meanwhile, there is no effective legislation to attract private investment in tourism in Russia, small and medium businesses, and in the tourist areas and small towns the small and medium it is very important to create the entrepreneurial environment necessary for the development of businesses part is crucial. At the same time, certainly, encouraging the development of other tourism. In Europe, more than 70% of employed people work in tourism in small business, which sectors of the economy, such as construction, trade, agriculture, consumer goods, communications, suggests that the development of tourism is impossible without small business. In Russia, small is also of great importance. However, the development of this business segment in the Russian business is at an early stage of development. The indicator “number of small businesses per one Federation urgently requires support from the government. thousand people” for Russia is almost 10 times less than the economically developed countries. Of interest are the statistics of functioning of small and medium-sized businesses in the Characteristically, for the resorts of the Southern Federal District, the figures are among the developed countries (Table. 2) [1]. lowest in Russia - “5” [14].

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M., Makeeva D.R., Atamanova M.A., Shadskaja I.G. Financial mechanism of Fig. 1. The control algorithm for tax potential of a region housing and utilities infrastructure//Life Science Journal (Life Sci J), Volume 10 - Number 4 These measures will reduce the tax burden on small businesses in the tourist industry, while (Cumulated No. 35), 25, 2013. life1004 (http://www.lifesciencesite.com/lsj/life1004/099_2 increasing revenues by attracting a larger number of taxpayers; allow to actively influence 1206life1004_790_794.pdf) 21. United interdepartmental statistical information system [electronic resource] URL: http:// not only on the development of small businesses in the service sector, but also the many www.fedstat.ru/indicator/data.do?id=37253&referrerType=1&referrerId=947153 (the date socio-economic processes. Correct application of tax incentives can reduce the burden on the of circulation of 27.07.2013). expenditure side of the budget and at the same time stimulate the initiative of taxpayers. Thus, the alignment of the disparities in the socio-economic development of regions of the References in Roman script: Russian Federation, it is advisable to ensure the efficient management of tax potential of the 1. Avdasheva S. B. i dr. Konkurencija i antimonopol’noe regulirovanie [Tekst]: uchebnik. - M .: tourist industry in the region. The turn to successive phases of the activities will contribute Logotipy 2003 - 368 s. 2. Borodin v. v. statisticheskie otchety kak osnova jekonomicheskoj jeffektivnosti turizma. to the formation of the most effective management and the capacity building of the tax, [Tekst] // Upravlencheskij Uchet. 2010. № 2. S. 74 – 81p. since it would improve the administration of existing taxes, to improve the performance of 3. Bushmin E. V., Vlasenkova E. A. Malyj Biznes // Vestnik Soveta Federacii, № 1-2, 2009. the administrators of income tax revenue, and to eliminate cases of loss of tax revenues, and 4. Gorskij I. v. nalogovaja politika Rossii: problemy i perspektivy: monografija / I. Gorskij. - M.: maximize the full use of tourism resources potential of the territory. Finansy i statistika, 2003. - 288 s.

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5. Zajceva N. A. Menedzhment v servise i turizme: [Tekst]: uchebnik. 2-e izd., Vnutr. - M., INFRA-M, Forum, 2012., http://znanium.com 6. Karataev A. S. koncepcija nalogovogo potenciala krupnejshih nalogoplatel’shhikov i ee izmerenie [tekst] // dissertacija na soiskanie uchenoj stepeni doktora jekonomicheskih nauk: 08.00.10. / Joshkar-Ola. 2011 (iz fondov Rossijskoj gosudarstvennoj biblioteki). Korolyova A.Y., 7. Kaurova O. v. nalogi i nalogooblozhenie: sistema nalogooblozhenija v turistskoj industrii PhD in Sociology, Department of the theory and methodology [Tekst]: uchebnik / O. v. Kaurova, A. N. Maloletko, l. A. Mityurnikova. - M .: KnoRus 2011. of pre-University training, Russian State Social University, Moscow. 8. Krjukova e. M. aprobacija metodiki ispol’zovanija indeksa jeffektivnosti sistemy upravlenija E-mail: [email protected] // servis v Rossii i za rubezhom, t. 36, 2012. Lobanov P.A., 9. Larionova A. A. Biznes-planirovanie v industrii gostepriimstva. [Tekst]: uchebnoe posobie / PhD in Sociology, senior lecturer at the Department Larionova A. A., Vasil’eva l. A., Vinogradova M. v., Panina Z. I. - M.: Dashkov i K 2012. of Public Administration and Personnel Policy of the Russian 10. Mityurnikova l. A. nalogooblozhenie - odin iz vazhnejshih faktorov razvitija rynochnoj Presidential Academy of National Economy and Public Administration. jekonomiki i malogo biznesa v sfere uslug. Jelektronnyj Zhurnal. Uslug v Rossii i za rubezhom. E-mail: [email protected] Nomer 1 (11) 2009, 20.03.2009 pod nomerom 0420900058/0024. УДК 334.02 11. Pochinok N. B. jekonomicheskie pokazateli regional’nogo nalogovogo potenciala .// DOI 10.17922/2412-5466-2015-1-1-67-73 Predprinimatel’stvo, № 3, 2005. 12. Revjakina T. Ju., Kaurova O. V., Mityurnikova L. A. Finansovoe ozdorovlenie predprijatij MSB turizma // rossijskij nauchnyj zhurnal “social’nye nauki”, 2010 - str. 220-230. 13. Roshupkina v. v. sovremennye koncepcii formirovanija regional’nogo nalogovogo potenciala [tekst]. / V. V. Roshupkina // Vestnik Severo-Kavkazskogo Gosudarstvennogo Tehnicheskogo Public-private partnership in the system of social Universiteta. 2010. №3 (24). 14. Strany i regiony mira: jekonomiko-politicheskij spravochnik / izd. A. S. Bulatova. - M .: 2010. and economic relations of modern Russia 15. Sidorova n. i. vozmozhnosti ispol’zovanija nalogovyh instrumentov dlja regulirovanija regional’nogo razvitija [tekst] // problemy prognozirovanija. - 2003. - № 1. 16. Slobodchikov D. N. Nalogovyj potencial v sisteme regulirovanija mezhbjudzhetnyh Receiving date: Preprint date: Taking to print date: otnoshenij [tekst] // dissertacija na soiskanie uchenoj stepeni kandidata jekonomicheskih 13.03.2015 27.03.2015 30.03.2015 nauk: 08.00.10. / Joshkar-Ola. 2010 (iz fondov Rossijskoj gosudarstvennoj biblioteki). 17. Fisher S., Dornbush R. Shmalenzi R. Jekonomika [Tekst] / Per. so 2-go angl. Jed. - M .: Biznes LTD., 1995 g. - 864 s. Annotation: Public-private partnership in Russia as a legal institution, problems of its establishment 18. Khursevich S. N. mezhbjudzhetnye otnoshenija v Rossijskoj Federacii. Novye podhody k and the main ways of its development are analysed in the following article. It covers the main issues of the analizu i pravovomu regulirovaniju [tekst] / S. N. Khursevich, A. N. Shvecov v. N. Leksin. M .: legal regulation related to the partnership between the government and private actors, as well as functions of opubl. formula prava, 2001. both parties. The article sets the major mechanisms and forms of public-private partnership implementation 19. Jurchenko V. R. Metodologicheskie aspekty rascheta nalogovoj nagruzki [tekst] / v. r. in Russia. Its impact on the level of social and economic development of the country is disclosed and proved Jurchenko // Finansy i kredit, 2007. - № 20. below. 20. Krjukova e. M., Makeeva D. r., Atamanova M. A., Shadskaja I. g. Finansovyj mehanizm Key words: cooperation, partnership, public-private partnership, private actors, state. zhilishhno-kommunal’nogo hozjajstva//zhurnal nauki o zhizni (zhizn’ TSM Dzh), Ob#em 10 - chislo 4 (nakoplennyh za № 35), 25, 2013. life1004 (http://www.lifesciencesite.com/lsj/life Nowadays sustainable development of the social and economic spheres in Russia is largely 1004/099_21206life1004_790_794.pdf) determined by the degree of establishment of the system of mechanisms and institutions, which 21. Edinaja mezhvedomstvennaja statisticheskaja informacionnaja sistema [Jelektronnyj resurs] can coordinate the actions of the State, business and civil society institutions at the practical URL-adres: http://www.fedstat.ru/indicator/data.do?id=37253&referrerType=1&referrer level. The major factors of innovative acceleration related to the comprehensive modernisation Id=947153 (data obrashhenija 27.07.2013). of the social and economic spheres in Russia include building transparent and constructive REFERENCE TO ARTICLE relationships between entrepreneurs and government itself as well as creating an effective Kaurova, O.V., Saak, A.A. & Revyakina, T.U. (2015) Small business in tourism industry as a system to finance socially important projects. functional element region’s tax capacity, Contemporary Problems of Social Work, Vol. 1. No. 1. Public-private partnership (PPP) plays a special part in solving the tasks, which are 2015. P. 61-66. DOI: 10.17922/2412-5466-2015-1-1-61-66. presented by the Russian Government within the Concept of the long-term social and economic development of the Russian Federation for the period up to the year of 20201. In accordance with this Concept, usage of the public-private partnership mechanisms makes the leading economic areas more competitive, provides diversification of economic system on the bases of the innovation-driven technological development, reduction of the risks associated with investment and entrepreneurial activities, modernization of the public transport, energy and communal infrastructure, improves the economic, legislative and organizational arrangements for the development of the social and economic sphere as well as strengthens the liberalization of the economic environment. In the scientific literature the term public-private partnership is increasingly defined as the factor of the innovation-driven technological development related to the social and economic

1 Government Order No. 1662-r of 17 November 2008 // Collected Legislation of the Russian Federation, 24.11.2008, N 47, art. 5489. 66 67 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 areas and it is considered as a necessary condition to solve the challenges that are connected and local bodies in public-private partnership» and their opponents, some of which think that it with the fast comprehensive modernization [1, p.3]. is possible to go without the development of industry legislation in the sphere of PPP and that According to the fact, that the notion «public-private partnership» is increasingly used in it can be limited by the most common, conceptual notions. legal sphere, there is a lack of theoretical, methodological and legislative developments, which The analysis of Russian legislation makes it possible to conclude that PPP is a complex legal are covering regional, municipal, sartorial and institutional peculiarities of the public-private institute that has elements of both public and private law. However, the legislation on PPP is partnership and business structure development. Moreover, the legal form as well as social not systematized and is on initial stage. It often follows hands-on experience. And the low and economic essence of the public-private partnership are still not properly specified. At the development of legislation on PPP is stipulated by the lack of developed theoretical scientific same time, considerable number of the legislative and regulatory acts draws attention to the approaches on understanding of PPP, its place in legal and political system of Russia. need for relevant government authorities to implement the public-private partnership as a form It seems that the state and private subjects must be equal partners in creation and realization of cooperation with the private actors and to use its mechanisms1. of different socially important projects; they must have equal rights and responsibility for Therefore, the theoretical background for the cooperation between the Government and execution of strategic decisions. This, in turn, stipulates the necessity of generated institutional business as well as any form of its partnership and identification of the ways of the public-private infrastructure for ensuring the functioning of public-private partnership on practice. The partnership development tools in the Russian Federation represents a significant issue, as in results of implementation of public-private partnership in Russian social-economic reality can the long term it can become the most important form to implement large-scale modernization assess the degree of readiness of Russian state to evolution, its real maturity. and infrastructure development projects and one of the most effective and powerful tools to We can single out several directions of cooperation between state and business. Each one promote better public administration. has its own specificity, problems and solutions: The refinement of the notion «public-private partnership» should define its main peculiarities – preparation of strategic documents, concepts, programs and normative legal act; as well as its places in the system relating to the social and economic relations. The following – formation of national, regional and personnel policy; specific factors of the public-private partnership should be noticed: – realization of regulating, control and supervisory functions of state towards business; – the parties, taking part in this relations, are government, private business and civil society; – joint implementation of specific projects including infrastructure projects. – the form of cooperation is a partnership, which addresses the interests and needs of all However, the question arises inevitably on forms of cooperation i.e. on forms of participation parties; of business community in elaboration and adoption of decisions of state authority. – the cooperation between the parties is within the legal framework; In international practice institutional (as joint ventures of state and private participants – the efforts of all interested parties are joined up during the implementation of the projects; as well as mobilization of financing and management of the projects by selling shares of state- – the implementation of the public interests, coordination of the shared interests and owned companies to privately-owned company) and contract forms of PPP are distinguished. At purposes in accordance with aims, useful for the society and government; the same time contract forms are implemented in the form of concession, contract for services, – the allocation of financial and political risks, costs and impact assessment in proportions contracts for management, building, exploitation and maintenance. generally consistent with the legal mutual agreements. It is well-known that state and business are united by connections of not only economic, Accordingly, the public-private partnership requires a legal relationship between the but also social partnership which has its effect on activity of Russian Trilateral Commission governmental authorities, entrepreneurs and civil society in respect of objects within the for the Regulation of Social and Labour Relations in adoption of general agreements between jurisdiction of the State, which are based on compulsory risk-sharing, considering the interests government, trade unions and entrepreneurs as well as intraindustry agreements, in development and coordination of efforts among the parties. Such relations are necessary for the effective of projects of legal acts in the sphere of social welfare, labour, employment of population, implementation of the projects of significant public importance. migration of labour force and other important tasks. When considering legal and practical importance of the public-private partnership it And in domestic legislation (Art. 23 of Labour Code of Russian Federation) the term “social should be noticed that even among the founders of PPP in Europe and USA there isn’t any partnership” is defined quite firmly as a system of interrelations between employees (the single and clear opinion of what the public-private partnership is, in what spheres it should representatives of employees), employers (the representatives of employers), public authority be implemented and where it can lead to the particular positive impact. In accordance with and local bodies that aimed at ensuring the concordance of interests of employees and the definition provided by the international association «Economic and social Commission of employers on regulation of labour relations and other directly connected relations1 . the United Nations for Asia and the Pacific», the public-private partnership is «a cooperation Social partnership is the sphere of cooperation between the State, business and society in between the State and the private sector to provide quantitative as well as qualitative which the positive social role of business is implemented. At that the one of the most delicate infrastructure improvements. The partners generally agree to share liability for implementation questions is the question on social responsibility of entrepreneurs. and/or operation and management of the infrastructure projects through the conclusion of Russian legislation also stipulates the minimum of social responsibility required from every a legally binding agreement or any other legal document. enterprise. The fulfillment of these obligatory conditions allows company to act on legal Such cooperation is based on the competence of each partner, who addresses clearly defined basis. These conditions include the compliance with the Labour Code and creation of normal State interests through rational allocation of resources, risks, liability and payments» [2]. work conditions, tax payments, product inspection, and compliance with the legislation of Given the considerable different opinions among Russian scientists and practitioners we can environmental protection. At the same time if it is interested in active improvement of its single out two groups: the supporters of adoption of law «On participation of public authority business environment, any company has the right to invest additional resources in social sphere. 1 The Federal Law of 17.05.2007 № 82-FZ «On Bank for Development», the Budget Code of the Russian Federation of 31.07.1998 г. № 145-FZ, Resolution by the Government of the Russian Federation N 978 dated 29.12.2007 «On Approval of Rules about Decision- Making on Long-Term State (Municipal) Contracts for Performance of Work (Provision of Services) with a Long Production Cycle» and 1 Labour Code of Russian Federation from 30.12.2001 N 197-FZ // Legislation Bulletin of Russian Federation, 07.01.2002, N 1 (p. others. 1), art. 3. 68 69 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

The Federal Law «On association of employers» № 156-FZ that came into force on 1 November attracting projects in new competencies, technologies and knowledge ). Lack of effective 2007 scrutinized the important provisions of Labour Code and confirmed the right of employers national innovation system causes an accelerated «drain» from the competitive potential to establish on voluntary basis without prior permission of public authority, local bodies and of the country (technologies, ideas, frames). Russia’s transition to a group of countries who other bodies the associations in order to represent legitimate interests and to protect the rights are unable to achieve leadership positions in key technology areas and production of new of their members in the sphere of social-labour relations and connected to them economic knowledge, and securing the raw nature of the Russian economy seem to be the most negative. relations with professional unions and their associations, public authority and local bodies. The most challenging aspect in this case is to identify the qualitative characteristics and Over the last years the system of public and political representation of business community parameters of state policy in the field of innovation and value the efforts of state and private has been built: «representative pyramid» of Russian business functions actively and effectively. business in their development and implementation. It is represented by the Russian Union of Industrialists and Entrepreneurs (the representative The strategy of innovative development of the Russian Federation for the period up to of large business), «Business Russia» (the representative of medium-sized business), «Opora 2020 sets the long-term objectives of innovation subjects, including government authorities at Rossii» (the representative of small business), Chamber of Commerce and Industry and industry all levels, the science and the business sector, as well as guidelines to support commercialization associations. of innovations. This strategy is based on the results of a comprehensive evaluation of innovative Organization of industry grounds under ministries and agencies, social-advisory councils, potential and to become a reference point for the development of concepts and programs of can be another direction of partnership development between state and business. Among social and economic development of Russia, certain sectors and regions. such grounds there are Councils under the President of Russian Federation (on realization of The basic principles of innovative development of the country give the priority to the priority national projects and population policy, on development of information society, on directions, based on a partnership between government agencies and private businesses, modernization etc), Councils under Government of Russian Federation and branch ministries including: (Council on competitiveness and entrepreneurship under the Government of Russian Federation, – The concentration of efforts of the state in areas where the level of entrepreneurial activity Council on foreign economy activity under the Ministry for Economic Development of Russian is not sufficient; Federation, Public Council under the Ministry for Industry and Trade of Russian Federation etc), – Active cooperation of government, science and business in the process of identifying public councils under law-enforcement bodies and others. priority areas of technological development, as well as in their implementation; Participation in advisory and deliberative councils under the public authority is one – Transparency of the budget allocation mechanisms and evaluation of results; of the tested and effective interaction channels of state and business. The mechanism of – Focus on the highest international standards in evaluating the effectiveness of innovative parliamentary hearing, round table and other grounds of State Duma and Federation Council of businesses, organizations, science as well as education and innovation infrastructure; Federal Assembly of Russian Federation are not of less importance. The interaction of business – Overcoming monopolies and encourage competition in the sector of production of new representatives, legislative and executive authority in parliamentary committees often assists knowledge. in finding the solution that suits all the interested parties. The especially important fact is that the strategy acknowledges the problem of immunity to Business as political authority participates in work of advisory and deliberative bodies, business innovation, and it is noted that it entails an inadequate innovation infrastructure in cooperates with political parties as a partner and is represented in The Civic Chamber. fact or any of its activities on behalf of foreign companies engaged in the commercialization of You shouldn’t forget about the forums, conferences, round tables and other forms of collective Russian development. discussion. Often due to the proposals made in the public space, it is possible to solve many However, the extent and effectiveness of the participation of private capital in the problems of governance, and the actual cooperation between government and business. implementation of national investment and innovation projects mainly depends on the level One of the preliminary results of constructive cooperation between different interest of development of the institutions and mechanisms that regulate under specific forms of groups was the signing of quadripartite agreement on cooperation between the Russian public public-private partnership property relations. General regime of management allows private organization «Business Russia» (LLC «Business Russia»), the Ministry of Economic Development entities the conditions necessary for the realization of their full economic ownership, involving of the Russian Federation (Russian Ministry of Economic Development), State Corporation “ Bank primarily the possibility of making a profit return on invested capital. of Foreign Economic Activity (Vnesheconombank)” and the independent non-profit organization During the long period of time Russia attempts to create areas with a special mode «Agency of strategic initiatives to promote new projects» on 21st of December, 2011. of management, the configuration is changed, but the main point is, it is to find the most The coordination in order to support the public-private partnerships in non-primary sectors profitable part of public-private partnership mechanisms for the implementation of their of the national economy is the subject of the agreement. The parties, following the principles of interests. Special regime of property relations aims to create favorable conditions for private social partnership, as well as part of the development of the negotiation process jointly developed subjects in the implementation of state and municipal projects, making it thus more attractive the main directions of the industrial modernization and economic well-being of the country. to private capital. This regime is a characteristic of a particular type of institutions of public- It was made the decision to work together to form the mechanisms and strategy principles of private partnership implementing the cluster approach, including special economic zones, industrialization of the Russian economy, which involves: the development of procedures and innovation clusters, «Innovation Zone» in Skolkovo, etc. Special legal regime that minimizes criteria for the selection and examination of projects; development of proposals for the shape, administrative barriers and tax burden for resident companies formed a system of laws and volume and sources of financing; identification of the approaches, facilitating principles of the regulations of the authorities at various levels. implementation of the selected projects and more. Despite the significant difference, these institutions as public-private partnerships have Currently one of the most sharp problems of innovative development of our country is to common features (preferential legal and economic regime for domestic and foreign investors), strengthen the struggle for the factors that determine the competitiveness of innovation and can be considered as a subsystem formed by the national innovation system. They regulate systems, primarily for highly skilled labour force and the so-called ‘smart’ money (investments, the interaction between the state and businesses in the areas of economic activity of the

70 71 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 transport, industrial and innovation infrastructure of the lease, and others. Also the projects different problems connected with corruptness of state machinery part, protectionism of taking are considered experimental and give the opportunity to trace practically the effect of different management decisions and other weak points of the state administration, but eventually the preferences for organizations for large, medium and even small businesses. legal ways of such cooperation are always more effective, because they are a foundation to form The ownership structure in the territories with a special regime does not differ from their and define real and balanced public interests and to work out priorities of social and economic structure, the traditional rest of the country (state, municipal, private and mixed). At the long-term development of the country. same time there is a specificity of property relations in these areas. The most significant manifestations may be noted as following: References in English: – rights restrictions disposition of the property, which reduces their ability to maximize 1. Kozlova E.V. State-private partnership as a factor of development of innovative economy: profits for the residents; abstract diss. … Cand.Econ.Sci: 08.00.01 / Scientific research Institute of labour and social insurance (Moscow). – М., 2014. – P. 28. – formulation of the specific commitments residents for capital expenditure; 2. Leonova G.K. Strategy formation public private partnership // Izvestiya MGTU «MAMI». – М., – limitation of the part of ongoing activities by residents; 2014. – 2(20). – pp. 74-79. – residents are forbidden to have offices and subsidiaries outside the selected area (with the 3. Franc O.B. Public private partnership legal form and socio-economic content // Business, exception of geographically isolated complex innovation center «Skolkovo»). management and law. – Ekaterinburg, 2009. –1(18) . – pp. 38-41. As a result, the configuration property rights of residents and non-residents are transformed 4. Chernomirdina E.V. Public private partnership and implementation of the economic functions of the state// modern problems of science and education. – Penza: Publishing house « on the territory of special economic zones. Private owner- residents are legally restricted to Academy of natural Sciences », 2014. – 4. – pp. 651-656. disposal of the property, but they receive tax and other incentives from the State. 5. A guidebook on public-private partnership in infrastructure / Economic and social Also in accordance with the activity and territory type, there is a limit of minimal fundamental Commission for Asia and the Pacific. – Bangkok: UNESCAP, 2011. – 76 p. investments. Private nonresident owners do not have preferences of the state, but they are not 6. Iluhina G.I. Management analysis in industries: the Abstract of lectures and methodical limited to the proprietary rights. These principles are fixed at the legislative level (The Tax and complex / Under the editorship of А.N. Maloletko. М.: “RSUTSS”: Publishing house “Paleotip”, 2008. Customs Codes). 7. Krukova E.M. Economics and entrepreneurship in tourism and hospitality: textbook. -M.: The additional form of offsetting risks for residents of the territory with special management Publishing house Russian state University of tourism and service,2007 state is a special customs state establishment that provides them the cancelation of some 8. Krukova E.M. Economic efficiency of management systems in the hotel industry: dis… Cand. limitations under the Customs legislation if they perform foreign economic transactions. Thus, Econ. Sciences: 08.00.05. М., 2005. P. 160 foreign goods are located and used on the territories with special economic status without 9. Krukova E.M. Economic efficiency of management systems in the hotel industry: abstarct. … Cand. Econ. Sciences. -М., 2005. -28 p. payment of customs fees and value-added tax. Russian goods are also being exported abroad without payment of customs fees. References in Roman script: All territories with special management state have tax concessions that take into account 1. Kozlova E.V. Gosyudarstvenno-chastnoe partnyerstvo kak factor razvitiya innovacionnoy a specialization. Residents are exempted from the real estate tax and the tax on wealth, as well ekonomiki: atoref. diss. … cand. ekonomich. Nayk: 08.00.01 / Naychno-issledovatelskiy as the tax on income and transportation within the part provided for the local budget. institute truda i sicialnogo strahovaniya (Moskva). – M., 2014. – 28 p. The fact, that already established and stable elements of innovative infrastructure try to 2. Leonova G.K. Formirivanie strategii gosyudarstvenno-chastnogo partnyerstva // Izvestiya approve themselves as the single system elements, is a particularly positive development. MGTU «MAMI». – M., 2014. – 2(20). – pp. 74-79. 3. Franc O.B. Gosyudarstvenno-chastnoe partnyerstvo: pravovaya forma i socialno- However, legislative formulation of the above principles of ownership relations organization ekonomicheskoe soderganie // Biznes, menedgment i pravo. – Ekaterinburg, 2009. –1(18) doesn’t mean their automatic practical realization. . – pp. 38-41. Thus, on April 6th, 2010 the agreement of interaction was signed up by the crucial Russian 4. Chernomirdina E.V. Gosyudarstvenno-chastnoe partnyerstvo i realizaciya economicheskoy Development Institutes and involved organizations in order to provide the continuous funding funkcii gosudarstva // Sovremennie problem nauki i obrazovaniya. – Penza: Izdatelskiy Dom of innovative projects on all stages of the innovative period. The participants of the present Izdatel’skij Dom «Akademiya estestvoznaniya», 2014. – 4. – pp. 651-656. 5. A guidebook on public-private partnership in infrastructure / Economic and social agreement are RUSNANO, Vnesheconombank (Bank of Foreign Economic Activity), Russian Venture Commission for Asia and the Pacific. – Bangkok: UNESCAP, 2011. – 76 p. Company, Russian Development Bank, Fund for the Promotion of the Development of Small Forms 6. Iljuhina G.I. Upravlencheskij analiz v otrasljah: Konspekt lekcij i uchebno-metodicheskij of Enterprises in the Scientific and Technical Sphere, Russian Venture Capital Association, Moscow kompleks/Pod red. A.N. Maloletko. M.: FGOUVPO «RGUTiS»: Izd-vo «Paleotip», 2008. Interbank Currency Exchange (MICEX), «Opora Rossii» (Support for Russia) and Federal Agency 7. Krjukova E.M. Jekonomika i predprinimatel’stvo v industrii turizma i gostepriimstva: ucheb. for Youth Affairs. Under the agreement parties have negotiated to coordinate their efforts to posobie. -M.: Izd-vo Ros. gos. un-ta turizma i servisa, 2007 8. Krjukova E.M. Jekonomicheskaja jeffektivnost’ sistem upravlenija v gostinichnom hozjajstve: provide the most favorable terms for realization prospective innovative projects of the one part, dis…kand. jekon. nauk: 08.00.05. M., 2005. 160 s. and to make the information about the presence and the status of their projects available for all 9. Krjukova E.M. Jekonomicheskaja jeffektivnost’ sistem upravlenija v gostinichnom hozjajstve: Development Institutes of the other part. This will allow saving resources and avoiding overlapping avtoref. dis. … kand. jekon. nauk. -M., 2005. -28 s. the same stages of their consideration. The participants of the agreement have also decided to define jointly mounting needs of innovation companies and state of their provision with all tools, REFERENCE TO ARTICLE services and conditions for effective activity on the territory of the Russian Federations and in the Korolyova, A.Y. & Lobanov, P.A. (2015) Public-private partnership in the system of social and world market. economic relations of modern Russia, Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 67-73. DOI: 10.17922/2412-5466-2015-1-1-67-73. It should be pointed out that the experience in the cooperation between business and authorities is always more complex and varied than the theoretical development, it is laden with

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In the Concept of the state family policy of the Russian Federation for the period till 2025 weakening of institute of a family and traditional family values directly coordinates with an adverse information background. The main manifestations of this background aggressive Leontyeva T.V. promotion of family trouble, violence, disrespect for parents, hatred to children admit. Postgraduate student, Department of Sociology of the social sphere The sociological researches conducted by Zh. Bodriyyar [1], Zh. Lothar, Zh. Deleza, E. Noel- Russian State Social University, Moscow. Neumann [14], are devoted by E. Toffler to problems of mass consciousness of post-industrial E-mail: [email protected] УДК 332.8 society. Among the domestic scientists who made the significant contribution to development DOI 10.17922/2412-5466-2015-1-1-74-80 of this direction it is necessary to mark out V.A. Yadov [21], Ya.N. Zasursky [6], E.V. Suslova [17], etc. According to the theory of information society developed by D. Bell, changes in society are put not in contents of information, and in means of its transfer, i.e. in mass media. Often mass Display the socio-economic situation media were considered within theories of mass communication, in works G. Gode, K. Manngeym, P. Lazarsfeld, V. Pareto is highlighted a role of mass media in formation of public opinion. of a family in modern mass media Researchers of mass communication who developed theories and methodologies of mass communication, B. A. Grushin, Alekseev V. Z., T.A. Dridze, I.V. Lysakov, B. M. Firsov, A.N. Kogan. Large number of works as domestic researchers (T.A. Yeliseyeva, O. V. Kovrigina, V. K. Receiving date: Preprint date: Taking to print date: Sergeyev [16], K.A. Tarasov, A.V. Fedorov, G. I. Scherbakova [20], Mozolinf A.V, M. A. Shishkina), 13.03.2015 27.03.2015 30.03.2015 and also foreign (Bryant D. and Thompson of C.[3], Briggz A. and Kobli [4], Maklyuena M. [9]) Annotation: This article examines the socio-economic situation of the family, which is displayed in the it is devoted to studying of impact of mass media on public consciousness, motives of acts of media. The theoretical approaches to the analysis of the impact of media on people’s minds, described specific individuals, in particular youth. images of the family in a variety of media – advertising, TV shows, TV series, using content analysis and The most known researches devoted to mass media and their influence in the context of application of interpretive method. Displaying the socio-economic situation of the family varies considerably, problems of communication and informatization belong to M. Kastels [7], Zh.-L. Servanus- depending on the type of television media, functions and goals that have set themselves the creators of Shtreybera. It is necessary to distinguish T.V. Naumenko, St. Borisnev, A.D. Elyakov [5], M. M. content. Advertising displays idealized socio-economic status of the family, because it has the goal of creating positive emotions associated with the advertised object. Analysis of entertainment programs, in Nazarov’s works from domestic authors. At the same time, in the modern sociological science of contrast, showed conflicts, negative emotions. In the television series aspects of socio-economic conditions insufficiently specialized literature and researches devoted to display of economic and social vary depending on the individual. situation of a family, but in E.I. Kravchenko, A.B. Hoffman, I.V. Groshev’s applied researches, P.M. Key words: mass media, family, socio-economic situation, advertizing, series, telecasts, influence of mass Yampolskoy evidence-based indicators of influence of mass media on formation of a certain media. image of a family come to light. Relevance of sociological research display of economic and social situation of a family in Mass media unite as special type of communication where there is a transfer of the message modern mass media is caused by change of a role of mass media, as in everyday life of certain to the recipient of information unknown and not certain quantitatively, with the individual individuals, and societies in general [2]. The main translator of the created image of marriage and collective subject (it is meant it not only a co-authorship, but also, for example, a common and a family are mass media. The image of a family with characteristics inherent in it, such as position of the newspaper, TV or a radio channel) and the mass dispersed addressee [8]. However economic and social situation, number of members, structure, the interpersonal relations and modern mass media are directed and on certain segments of audience: children, youth, elderly so on which appears in mass media, in many respects defines models of family behavior, creates people; and on certain subjects: culture, housekeeping, etc. standards of the family relations which, have considerable impact on outlook of each individual. Our ideas of the world develop from this that we see and we hear, and the volume of By means of identification and a projection of people unconsciously imitates images of a family information grows so quickly that the person isn’t capable to perceive huge actual data any which are broadcast to mass media. more. Various technological ways of delivery of information offer audience only certain options, Individuals, as a rule, accept those social norms of behavior which are convincingly fragments of vision of the world [10]. Owing to the nature these delivery systems of information propagandized by mass media as a positive stereotype of a way of life. So there is a socialization are the media technological intermediaries presenting some fragments of reality to the viewer of the individual according to norms, desirable for society during this historical period. [11]. In other words, formation of the content of communication is socially designed process, Now growth of various negative phenomena in the sphere of marriage and a family – such and depends on the purposes and tasks of authors. as birth rate reduction, reduction of number registered marriages and increase in divorces, The huge resource which is responsible for formation of image of a family is the television distribution of an ideal of a uniparous family, weakening of related communications, and [13] which possesses a complex of factors of influence, and also thanks to the popularity is the also distribution of various deviant forms of family behavior is observed. The distorted ideas most interesting and actual for studying of display of economic and social situation of a family of a family, stereotypes and myths about stories of formation of a family, about families of in mass media therefore for this research the television as a component of mass media was outstanding state and political figures of the past and the present, incorrect and improbable chosen as us. The choice of the studied TV channels occurred by means of the analysis of a rating display of economic and social situation of a family in mass media, and in general its negative of popularity, number of viewings and an index of a quoting by means of Medialogiya system, image which is also propagandized by mass media can be the possible reason of these consisting of the mass media database and the automated analytical module. “Medialogiya” phenomena. contains interpretations of all television plots of federal channels of a political broadcasting. As the volume of information broadcasting of federal channels is rather great, for carrying out

74 75 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 the content analysis and application of an interpretive method the author used materials from help mothers to prepare, and boys spend time with the father. The father reads the newspaper, the First TV channel which takes the leading position in this rating. works, goes fishing with the son, washes the car, the grandmother – knits, the grandfather gives The purposes of the person, his relation with other people, system of values and outlook, a wise advice. criteria of taste and nature of behavior of the individual in many respects depend on economic The great attention has the text, most often it is the story, a monologue, or the short slogan, and social situation of a family in which it was born, brought up and lives [19] at present. The a conclusion which the viewer has to make, having watched a video. The text directly turned to social environment, education, an occupation, level of the income, the power etc. enter concept family values underlines importance of a family for promotion of the production. of economic and social situation. It is possible to draw o conclusion that advertizing displays idealized economic and social The social status also is a multicomponent indicator which includes demographic situation of a family, is not valid as has the purpose creation of the positive emotions connected characteristics, a source and the size of the income, a profession, education, a social origin. It is with the advertized object. possible to claim that information preferences, requirements and the size of the funds allocated The analysis of entertainment events was shown, on the contrary, by conflict, negative for their satisfaction, y of different layers the various. emotions. The analysis of lexemes allowed to draw a conclusion that entertaining telecasts are As a rule, individuals seek to follow norms and customs of the class or to imitate those who duplicated mainly by an image of a malodetny family, that is one – two children. The materials costs above them on public “ladder” [15]. And if the housing, furniture, food and entertainments devoted to questions of population policy of the state, protection of motherhood and the usually correspond to a real social status of the individual, such consumer categories as clothes childhood, legislative initiatives in the sphere of a demography of female reproductive and and cars often belong elements of imitation [18]. children’s health meet not so often. Materials about device problems in seven orphan children Researches showed that “the ispolkzovaniye of certain media in much depended on education are practically in each transfer. As a rule, the narration goes about concrete families, about ways level of the person … In comparison with better educated age-mates poorly educated people and problems of education of children, the relations in a family and most often their negative are inclined to listen more radio, and to watch even more TV. At the same time people with manifestations. The emphasis is placed on independence, personal success, career development, higher education level preferred printing media broadcasting” [12]. It must be kept in mind a priority of personal needs over needs of family members, as opposed to values of a family and that education as the social and economic characteristic, is interconnected with age, the level motherhood in particular, lift such problems as living conditions, complexity of combination of of the income and an occupation. professional and family duties of the woman, a lack of financial means, the difficult interpersonal Another, maybe, to the most important economic indicators of provision of a family is the relations between parents and children, spouses, changes. Young families, nuclear families are income. Of course, in different groups various consumer habits and tastes are created: families shown. with the different level of the income not simply buy different products, but also estimate Television series are very popular today, they are made and consumed in large numbers and them differently, place different priorities. When studying level of the income, it is important became the integral component of life of the modern person [22]. Generally the main characters to designate this level not only in its degree (low, average, high), but also in a digital form as of series – youth (persons from 16 to 30 years) are physically healthy, watching themselves the understanding of low or high y of each person is own, subjective. Also it must be kept in young men and girls. They aren’t married, and as a rule, are trained at comprehensive school or mind that the identical income in a digital form can be estimated differently in various regions. higher education institution. Live in the city who-to it is constant, and someone arrived to it The author carried out the analysis of advertizing on the First TV channel. As showed research, for the period of study. The general for all heroes is also uncertainty of their religious status. at advertizing of any production except the purpose of advance of goods and services in the Other aspects of their economic and social situation vary depending on the specific personality. market always there is a valuable implication. Advertizing presents to the consumer goods Research of economic and social situation of a family allowed to allocate 5 categories of which has to cause positive emotions with the help of the images familiar to people which characters: “gilded youth”, “fans of beautiful life”, “normalist”, “group youth” and “devianty- are associated with something pleasant or which are connected with these associations. Very loner”. often advertizing uses an image of a family as it is of great value for the person. The person “Gilded youth”. Representatives of this category – young people from provided families in unconsciously identifies himself with characters of advertizing. The advertizing using an image which, nevertheless, except for the high income not everything is safe. Parents of heroes or of a family inspires trust of potential buyers as the family of y of many people is associated with already divorced, or on its threshold that negatively affects a psychological state of children care, caress, warmth and warm-heartedness. and their relations with parents. Seeking to defend the independence, young people often enter Family members in advertizing are represented joyful and happy. Unconsciously the viewer the conflicts. reaches for this image, y it there is a desire to make the family of the family approached to an Parents initially provide to “gilded youth” a high launch pad, both for receiving quality image in advertizing that involves need to acquire the advertized goods. education, and for further creation of successful career. However here strategy of behavior can Advertizing tries to direct the impact on the maximum number of potential buyers. As differ depending on spiritual characteristics of the personality. One continue to take advantages ideas of an ideal family coincide not y of everything, an optimum image of a family is nuclear. of the high social status of a family, remain on position of dependents, and aren’t engaged thus The expanded type is used in advertizing of those products which by means of an image of in accumulation of the intellectual capital. Other representatives of “gilded youth”, on the grandmothers and grandfathers seek to show naturalness of a product. contrary, seek for self-realization in the productive, useful and approved by society activity. Advertizing uses generally an image of a family with high prosperity that is emphasized with Material prosperity acts as incentive for study and work, and eventually, justifications through an interior and clothes. The family in advertizing – an odnodetna, is more rare – dvukhdetna. That work of the high social status. is advertizing doesn’t establish a happy image a large family that influences subconsciousness “Fans of beautiful life”. If for “gilded youth” expensive restaurants, fashionable clubs and of the person. Children, as a rule, heterosexual are also presented as mischievous persons, fidgets, boutiques, parties on yachts and known world resorts are a native habitat that is caused by lovely kids or assistants. Founders of advertizing focus attention on traditional cast. The wife their belonging to a certain circle of well-founded families, “fans of beautiful life”, occurring usually cooks food, cleans the apartment, goes shopping, looks after children. Girls most often from families with middle-income, persistently try to try on on themselves samples of the

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glamourous life presented on pages of glossy magazines. Their behavior is constructed on So, it is possible to draw o conclusion that advertizing displays idealized economic and social imitation of “gilded youth”, first of all to its appearance. Consumption of status expensive situation of a family as has the purpose creation of the positive emotions connected with the subjects (clothes, accessories, equipment), or their copies equivalents, care of compliance advertized object. of own body to standards of glossy magazines are built in a cult. Also visit of secular parties, The analysis of entertainment events was shown, on the contrary, by conflict, negative unlike establishments of science, culture or education is necessary. Out of the sphere of emotions. Content – the analysis allowed to draw a conclusion that entertaining telecasts place interest there is an educational, professional activity, political, civil activity. The family is emphasis on such problems as living conditions, complexity of combination of professional also not perceived as value though the considerable attention is paid to the sexual relations and family duties of the woman, a lack of financial means, the difficult interpersonal relations and their regularity. between parents and children, spouses, changes, is shown young families, nuclear families. “Group youth”. In spite of the fact that in television series, first of all, identity of heroes as In television series aspects of economic and social situation vary depending on the specific persons, but not representatives of any social groups is emphasized, it is necessary to distinguish personality. There is also “gilded youth” – young people from provided families, whose parents category of “group youth” in which representation the stereotypes which developed in society initially provide quality education, and further creation of successful career. “Fans of beautiful are most often used. These young people actively defend group values and follow the group life” who come from families with middle-income, persistently try to try on on themselves norms regulating both behavior, and appearance. The last fact allows to identify easily them by samples of life of the upper class of the population. The devianty-odinochki group is formed by means of supervision. mainly young people of families with middle-income, perhaps, incomplete, characterized by the “Devianty-odinochki”. The deviant behavior of youth is shown in various forms: smoking and conflict relations between her members. The normalisty group is formed by youth of families of drinking of alcoholic drinks in educational institution, drug addiction, criminal activity (for an average and below middle-income, focused on observance of the legal and moral standards example, beating, theft, blackmail), such asocial activity as repeated deception, instigation, an accepted by society. insult, disrespect for seniors and so forth. This category of youth is formed by mainly young The importance of research of display of economic and social situation of a family in modern people of families with middle-income, perhaps, incomplete, characterized by the conflict mass media is caused by that its results can be used within realization of family policy for relations between her members. Representatives of this group don’t succeed in study, education promotion of a family way of life, the safe and prospering large family, registration of marriage isn’t for them value, but they as well don’t work. Their social activity is monotonous, hobbies in the REGISTRY OFFICE, at schools, educational institutions and the rehabilitation centers. and hobbies don’t enter it. “Normalista”. This group is formed by youth of families of an average and below middle- References in English: income, focused, and it is its main characteristic, on observance of the legal and moral standards 1. Bodriyyar Zh. Simulacra and simulation / Philosophy modern’s epoxy – Minsk, 1996; accepted by society. Social activity of “normalist” is shown in various spheres. As a rule, they 2. Borisnev S.V. Sociology of communication: textbook for high schools. – M.: Unity Dana, 2003. pp. 23-29. participate in public life, out of educational activity of the educational institutions, are 3. Bryant D., Thompson S. Bases of influence of mass media. M.: William, 2004; members of clubs and visit circles, self-study. Representatives of this group find considerable 4. Briggz A., Kobli . Media. 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23. Krukova E.M., Krasilnikova G.V., Kulakova T.V.Крюкова Е.М., Красильникова Г.В., Кула- кова Т.В. Social media: the real and potential sources of threats to economic security of the enterprise//journal of the Academy of economic security Ministry of internal Affairs of Russia. 2011. № 3. pp. 53-57 24. Maloletko A.N., Kaurova O.V., Krukova E.M., Yuhin K.E. The role and importance of Lutovinova N.V. modern media in marketing communications//proceedings of the Russian state social Senior teacher of Financial, Department of financial, banking University.-2014. -№ 3(125). -pp. 96-103. and administrative law, Russian State Social University, Moscow. E-mail: [email protected] References in Roman script: УДК 349.4 DOI 10.17922/2412-5466-2015-1-1-81-95 1. Bodrijjar Zh. Simuljakry i simuljacii/ Filosofija jepohi moderna. – Minsk, 1996; 2. Borisnev SV. Sociologija kommunikacii: Ucheb. posobie dlja vuzov. – M.: Juniti-Dana, 2003. C. 23-29. 3. Brajant D., Tompson S. Osnovy vozdejstvija SMI. 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The earth is the great force of nature that is warm, to give food jekonomicheskoj bezopasnosti MVD Rossii. 2011. № 3. S. 53-57. to a person, to be a refuge for the man and the tomb. For many centuries the earth was the 24. Maloletko A.N., Kaurova O.V., Krjukova E.M., Juhin K.E. Rol’ i znachenie sovremennyh cause of many wars. The kings, the kings and the mighty of this world, sought to expand its mediasredstv v marketingovyh kommunikacijah//Uchenye zapiski Rossijskogo territory ownership. The possession of vast territories was a sign of wealth. The war heroes, gosudarstvennogo social’nogo universiteta. -2014. -№ 3(125). -S. 96-103. statesmen have always been appointed a vast piece of land. The value of land suitable for REFERENCE TO ARTICLE human economic activity is growing every year. The issue of rational use of land resources Leontyeva, T. V. Display the socio-economic situation of a family in modern mass is becoming sharper. «Teeth since 1990 boring «advantages of a market economy», based on media. (2015), Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 74-80. the principle that «the market will regulate everything», has led to almost complete collapse DOI: 10.17922/2412-5466-2015-1-1-74-80. of the once powerful agrarian sector of economy of Russia, to the depletion and degradation of fertile land of Russia, and that is especially dangerous, almost irreversible depopulation mostly rural areas of the country».1

1 Ibragimov, K. H. Legal problems of modernization of the state land control of Russia (the 10th anniversary of the adoption of the Land code of the Russian Federation dedicated) // Legal issues of real estate. – 2011. No. 2. – S. 16 – 23. 80 81 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

The fertility of the earth is, first of all, the country’s food security, health of the nation. The Control functions of the three departments – building, RPN and Rosselkhoznadzor – delimited, main duty of the state is to restore the soil to its original level and its subsequent reproduction, each Agency is required to respond only for certain areas of oversight with regard to the sphere permanent and purposeful control over land use. of activity of each of them. Criterion of differentiation is the status of the land. Reasonable land use has long been one of the fundamental and permanent functions of the The state land control consists of two components: monitoring the earth as an object state, and state control, in turn, serves as a measure of influence, encourage efficient use of land of civil rights; control over land as a natural object and natural resource represents part of resources. The state land control is an important element in the system of state management environmental control. in the sphere of land use. The building provides state oversight of land as real estate. Control over land as a natural The goal of research is to determine the nature and content of state control over the use of object and a natural resource in the established sphere of activities carried out Rosprirodnadzor land. and the Rosselkhoznadzor. In scientific work used works: Ibragimov, K. H., Kalugina in it About. Century, Anisimov, A. P., In accordance with the decree of the RF Government dated 15.11.2006 No 6891 Rosreestr A. Vinokurov Y. and others. by the state land supervision over compliance with the requirements of the land legislation Object of research are the social relations arising in the process of activity of bodies of state prohibiting unauthorized occupation of land, on the land use for the intended purpose in power of the Russian Federation for control over land use. accordance with belonging to a particular category of land,provide information about the The subject of the research work are: the concept of state land control, its legal framework, condition of land, execution of instructions and other. the system and the functions of public authorities exercising control land use, the organization Rosprirodnadzor by the state land supervision over compliance with the reclamation of land, of the state land control. the carrying out of measures on improvement of land and protection of soils from different The author of this work poses the following research objectives: erosion, to prevent rooting out on the forest land, the erection of the various buildings, land use – to investigate the system of bodies of the state land use control land; and water protection zones and other. – identify the methods of implementation of ground control; Rosselkhoznadzor carries on lands with agricultural lands and land plots from agricultural – to analyze the effectiveness of state control over land use in specific cases: use in the composition of land settlement supervision of compliance with the measures of in the case of unauthorized occupation of a land plot of land of settlements; reproduction and fertility preservation of agricultural land, carries out measures to prevent – use of agricultural lands. unauthorized removal and destruction of fertile soil, damage to land and other. In a research study used the following research methods: statistical, historical, dialectical, Officials Rosreestra (heads, Deputy heads, specialists of the service and its territorial bodies) comparative methods of scientific research. Analyzed regulatory legal acts of the Russian responsible for state land supervision, at the same time on the post are state inspectors of the Federation in the sphere of control over land use. Russian Federation on the use and protection of lands. Ensuring rational use and conservation of land is one of the most important directions of the State inspectors on the use and protection of land (hereinafter the inspectors during state policy of the Russian Federation. Tool to solve these problems is state land use control inspections can request the necessary information on the status, protection and use of land. land in the Russian Federation. The inspectors shall have official identification, upon presentation of which can explore the Land control in the Russian Federation is carried out in accordance with the Constitution land regardless of ownership. Inspectors have the right to give instructions obligatory for of the Russian Federation Land code of the Russian Federation, the Federal laws of the Russian execution, compile reports and send them to the appropriate authorities for consideration of Federation, decrees of the President of the Russian Federation, decrees of the Government of cases on violations. Inspectors may apply to the bodies of internal Affairs to assist them. the Russian Federation, laws of subjects of the Russian Federation, normative legal acts of local The author considers it necessary to note the following. self-government. One of the main normative-legal acts establishing requirements for the use of According to p. 11 of regulation of the RF Government dated 15.11.2006 No. 6892 “On state land, is the Land code of the Russian Federation. land supervision”6 officials RPN and Rosselkhoznadzor have the same powers and officials of There is a system of organs of state land control. The state land control are divided into the Rosreestr. However, representatives of the Rosselkhoznadzor and RPN does not have the status bodies of General competence and organs of special competence. of state inspectors of the Russian Federation on the use and protection of lands and may not The government of the Russian Federation, authorities of the constituent entities of the provide administrative and jurisdictional activity, despite the mention of this possibility in Russian Federation and local government bodies are bodies of General competence. The paragraph 11 of Resolution N 689”. activities of these bodies are regulated by the relevant laws and regulations. Their powers are These provisions create a conflict, because according to Art. 23.21 and p. 29 2 hours. senior as follows: development and adoption of regulations in this area, the definition of the control 28.3 of the administrative code, compile reports, to consider the case of offences may only tasks, the organization of control activities, establish procedures for the implementation of state inspectors on the use and protection of lands. Therefore, as rightly pointed out by A. Y. control and etc. Vinokurov “only Rosreestr is sovereign” of the three bodies of the state land control. To the organs of special competence include: 25.02.2014, State Duma in the first reading (Resolution No. 3824-6 DG) adopted a draft No. – Federal service of state registration, cadastre and cartography of the Federal service for 421545-63 (hereinafter – the Project), which sets forth the rights of the officers authorised state registration, cadastre and cartography (hereinafter referred to Rosreestr); to exercise state land control. Such rights include, including drawing up protocols on – The Federal service for supervision in the sphere of environmental protection (hereinafter administrative offences in the order established by the legislation of the Russian Federation referred to Rosprirodnadzor); 1 On state land supervision: regulation of the RF Government dated 15.11.2006 No. 689 //Sz the Russian Federation. – 2006. – The Federal service for veterinary and phytosanitary supervision (hereinafter – the No. 47. – Article. 4919. Rosselkhoznadzor). 2 Vinokurov, A. Y. State land supervision: problems of legal regulation // Legal issues of real estate. – 2013. No. 1. – N-2 – 4 3 On amendments to certain legislative acts of the Russian Federation in terms of improvement of state land supervision: the project of the Federal law No. 421545-6 (edition adopted by the state Duma in the first reading on 25.02.2014) 82 83 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

about administrative offences. However, in the list of normative legal acts subject to Supervisory authorities in case of improper performance of their duties, to take part personally invalidation, suspension, modification or adoption in connection with the adoption of the in the conduct of audits. The breadth of prosecutorial supervision allows you to monitor the Federal law of the Russian Federation Code of administrative offences1 (hereinafter – the code enforcement process at all stages, starting from the identification of the offence and ending with of administrative offences of the Russian Federation) are not included. According to the author the execution of the punishment and the actual elimination of negative consequences, which in the administrative code changes must be made in terms of conversion “land control” in the often lack other state bodies».1 The above confirms that the primary function of prosecutors in “land supervision” (the relationship between the concepts of “control” and “supervision” see the field of supervision of the execution of the laws on land use is to coordinate the activities Chapter 2), as well as the settlement of the question of the rights of the officers authorised to of the state control bodies, aimed at the detection and suppression of crime, the causes and exercise state land supervision. conditions of wrongful conduct and to restore the violated rights and legitimate interests. Important role in the enforcement of land legislation is given to the Prosecutor’s office of Public Prosecutor’s supervision does not interfere in the administrative activities of the Russian Federation. the subjects. This supervision does not compete with other public authorities. Review by As rightly noted by A. Y. Vinokurov, environmental activities of the Prosecutor’s office is prosecutors, always justified and are universal in nature. The practice of public prosecutions a multi – faceted inherent in this most important system of state bodies activity, directed on shows that the bodies authorized to exercise land control, do not use the full power of bringing strengthening of legality in the sphere of land law. the perpetrators of violations of land legislation, to administrative responsibility. One of the important activities of the Prosecutor’s office – supervision in the sphere of land The reason is due to the fact that there is no interaction between control bodies among use. themselves, ongoing monitoring activities are not comprehensive, and the checks are not «The subject of prosecutorial supervision in the sphere of land use should be considered conducted, inadequate proposals on harmonization of regulations of the Russian Federation compliance organizations, public authorities and officials of normative legal acts in the sphere subjects and local authorities regarding land relations, in accordance with the laws of the land. of land use and the rights and freedoms of man and citizen in this area».2 The exercise of prosecutorial supervision over execution of laws by conducting inspections In accordance with the Land code of the Russian Federation3 (article 2) land relations can be and enforcement on the results of measures of prosecutorial response, not connected with regulated by legal acts of bodies of local self-government. the criminal prosecution, allows to detect and prevent violations of laws and protected the The office is actually the only state body performing a full, in-depth analysis of the legality rights of participants of economic activity. While prosecutors are not substitutes for regulatory of municipal legal acts. Only through the activities of the Prosecutor’s office in 2012 on the authorities and do not interfere in the operational activities of organizations. territory of Sergiev Posad municipal district settlements began to implement the municipal Due to the activity of Sergievo-Posadsky city Prosecutor’s office in 2011 in the settlements land control, were developed administrative procedures for implementing the functions of the of Sergiev-Posad district adopted regulations for the conduct of municipal land control, were municipal land control. prepared the annual audit plan. Until 2011 municipal land control on the territory of the The Federal law dated December 26, 2008 № 294-FZ4 (hereinafter the Federal law No. 294- Sergiev-Posad district was not implemented. FZ) found that the Prosecutor’s office coordinates the conduct scheduled and unscheduled After the intervention prosecutors in some regions addressed the shortcomings of the inspections on land control. legal regulation of relations in this sphere, associated with the publication of illegal acts. For Supervision of the execution of laws by bodies of control plays a significant role in the example, the Prosecutor’s office of the Penza region this year alone protested about 100 such establishment of a unified legal space in the sphere of state and municipal control”.5 acts of state and municipal authorities, concerning the powers of the competition Commission, The Federal law No. 294-FZ6 on the prosecution authorities vested in the formation and exercising control over the execution of orders, the maintenance of the register of contracts approval of the master plan audits. The Prosecutor’s office negotiates exit unscheduled and other (all protests are considered and satisfied). inspections, leading them into account. In particular, according to the materials held by the Prosecutor’s office of Kamchatskiy Krai The role of public prosecution in the field of supervision of the execution of the laws checks initiated and investigated the criminal case against the head of Territorial administration concerning land use is to ensure the interaction of state bodies, bodies of local self-government of Rosreestr in the Kamchatka territory on the fact of abuse of power. provided accurate fulfillment of the requirements of the law. Prosecutors are controlled by the address identified during inspections violations of the law, This is confirmed by the legislative and law-enforcement practice. Prosecutors allow you to including the restoration of the rights of the state to illegally alienated property. combine the efforts of different government agencies to solve problems in the sphere of land In many regions of the Russian Federation, prosecutors identified and suppressed the facts use. of abuse of power or omission of bodies of state power and bodies of local self-governance in «The Prosecutor has the right not only to demand from the authorities to exercise certain the adoption of normative legal acts regulating land relations, violation of the procedure for activities, but also to check the results of their execution, to take action to respond to granting land plots of terms of consideration of applications of citizens and legal entities on the provision of land, use of land without legal documents, as well as violation of the procedures 1 Code of the Russian Federation about administrative offences dated 30.12.2001 No. 195-FZ (as amended on 12.03.2014) (to MEAs. and additional, takes. in force from 01.04.2014) // Sz the Russian Federation. – 2002. No. 1 (1 o’clock). – Article. 1. for their use, improper performance of the authority for state and municipal land control. 2 Zhukova O. I. the Subject, the limits and objectives of prosecutorial supervision over implementation of laws in the sphere of In response to the request of the President of Russia prosecutors organized surveillance land use // the Lawyer. – 2011. No. 11. C. 64 – 70. 3 The land code of the Russian Federation dated 25.10.2001 No. 136-FZ (as amended on 28.12.2013) (to MEAs. and additional, activities to detect and prevent violations of the land and town-planning legislation, as well takes. in force from 01.01.2014) //Sz the Russian Federation. – .2001. No. 44. Article 4147. as compliance with the legal regime of land on the territory of the State Borodino military- 4 On the protection of rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and historical Museum-reserve. municipal control: the Federal law of the Russian Federation dated December 26, 2008 № 294-FZ// Sz the Russian Federation. – 2008. No. 52 (1 o’clock). – Article. 6249. 5 Public Prosecutor’s supervision over execution of legislation in the sphere of economy: Sat. the methodological. materials. – M.: Academy of the General Prosecutor of the Russian Federation, 2010. – S. 20, 28. 1 Talipov D. H., Boldyrev D. Y. Supervision of the execution of the laws: the substitution of the functions of regulatory authorities 6 SZ THE RUSSIAN FEDERATION. – 2008. No. 52 (1 part). – Article. 6249 or their coordination // Legality. – 2012. No. 4. – S. 28 – 33. 84 85 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

The result of these measures, we achieved certain results. Approved boundaries of the According to B. N. Belyaev1 content control is that assesses whether there is compliance territory of the Borodino field and monuments to him as an object of cultural heritage of Federal with regulatory rules and regulations, and regulations in the activities of controlled entities, importance. Completed regional territorial planning schemes. Created the legal conditions for and the entity is the relevance of the results to the contents specified parameters, goals. And the observance of the owners and users of land plots located within the boundaries of the supervision is the activity of authorized bodies, when in order to ensure the rule of law are territory of the Museum-reserve, the modes of its use. significant actions to resolve specific situations strictly in accordance with the law. Judicial acts of Mozhaisk city court satisfied the Prosecutor’s invalidation of decisions of the According to Art. 71 of the Land code2 of the state land supervision is carried out in head of the rural settlement of Borodino, on the basis of which on the territory of the Museum- accordance with the Federal law No. 294-FZ3 . In 2 tbsp. of Federal law No. 294-FZ is given the reserve wrongfully permitted cottage construction, as well as on recognition built on a land of same definition of “state control”, “state supervision”. unauthorized buildings and their demolition. Thus, the author believes that at present, the legislation of the Russian Federation in the In connection with the intervention of the Prosecutor’s office administration Mozhaisk sphere of land use does not contain criteria for the delimitation of the concepts of “control” district issued the decision on approval of the arrangement 10 land plots with a total area of and “supervision” control determines the state land control (supervision) as “the activity of about five hundred hectares on the territory of the Museum-reserve, not burdened by the rights the authorized Federal bodies of Executive power, aimed at the prevention, detection and of physical and legal persons In respect of these areas currently carried out state registration of suppression of violations by state authorities, bodies of local self-government bodies, legal ownership of the Russian Federation. entities, individual entrepreneurs and citizens requirements established by the land legislation, However, despite the measures taken, the boundaries of a number of settlements United in through organization and conduct of inspections, acceptance stipulated by the legislation of rural settlements of Borodino and Borisov Mozhaisk municipal district of the Moscow region, the Russian Federation measures to prevent and remedy violations”.4 which are the lands of the Museum-reserve, up to the present time are not fixed. In the framework of the monitoring is the systematic observation, analysis and forecasting Elimination of the revealed violations of land and town-planning legislation on the territory in law enforcement in the sphere of land relations. of the State Borodino military-historical Museum-reserve, as well as the results of the preliminary However, to align the terminology of the various regulations is necessary. In particular, for examination of the General Prosecutor’s office is under review. Work in this direction continues. the avoidance of doubt the legality “of the administrative prosecution in this area, because Identified in the state land control offense is monitored until its complete elimination. these norms operate terminology that has lost its legal significance since August 1, 20115” you With the enactment of the Federal law of 18.07. 2011 No. 242-FZ1 of state land control was need to make changes in senior 23.21, p. 29 PM 2 tbsp. 28.3 of the administrative code. renamed the state land supervision. Land control (supervision) over land use is implemented through the authorized bodies of Compliance regulations (decrees of the Government of the Russian Federation dated the checks. Relations during inspections between the state, municipal authorities and legal 15.11.2006 No. 6892 ; from 30.06.2004 № 3273 ) occurred only two years after the entry into entities and individual entrepreneurs in the field of organization and implementation of state force of the Resolution of the RF Government dated 05.06.2013 No. 4764. control (supervision), municipal control in the sphere of land use currently regulated by the The code of administrative offences of the Russian Federation5 until the present time uses Federal law No. 294-FZ6 . The procedure of audits of individuals in any document is not regulated. the term “land control” in Art. 23.21 and p. 29 PM senior 28.3. The Federal law No. 294-FZ14 made adjustments in the activity of authorized bodies of the The lack of specific terminology may cause doubt in the application of the law. The concept state land supervision (control). To 01.05.2009, in the sphere of regulation of relations in the of “control” and “supervision” in the ordinary sense of the word are synonyms and mean the sphere of protection of rights of legal entities and individual entrepreneurs during state control observation of anyone, anything for compliance with any rules. (supervision) act is a Federal law of 08.08.2001, No. 1347, which practically did not restrict the In the scientific literature on the relationship between the concepts of “control and officials of the Supervisory authorities to conduct unscheduled inspections. The entry into force supervision” there are different points of view. “Some scientists define supervision as a form of of Federal law No. 294-FZ8 reduced the number of inspections and identified violations of land control, consider other oversight activities as an independent, third consider oversight identical legislation. The data identified by Rosreestr for violations of land legislation are the following: concepts.”6 According to A. Safronova, “supervision (in the broad sense) is a form of realization 2008 – 140 thousand violations27 ; of control functions within the public administration. When considering control in the narrow 2009 – 97132 narushenie9; sense as the activities of state bodies is often a confusion of the concepts of “control” and 2010 – 99256 violations10; “supervision”.7 2011 – 137751 violations 28; 2012 – 162081 narushenie28; 1 On amendments to certain legislative acts of the Russian Federation on the implementation of state control (supervision) 2013 – 177957 disorders 28. and municipal control: the Federal law of 18.07.2011 n 242-FZ (as amended on 03.02.2014) // Sz the Russian Federation. – 2011. No. 30 (1 o’clock). – Article. 4590. 2 SZ THE RUSSIAN FEDERATION. – 2006.- No. 47. – Article. 4919. 1 SZ THE RUSSIAN FEDERATION. – .2001. No. 44. Article 4147. 3 On approval of the regulations on the Federal service for veterinary and phytosanitary surveillance: the decree of the RF 2 SZ THE RUSSIAN FEDERATION. – 2008. No. 52 (1 o’clock). – Article. 6249. Government dated 30.06.2004 № 327 (as amended on 02.11.2013) // the Russian newspaper. – 2004 .- No. 150. 3 SZ THE RUSSIAN FEDERATION. – 2008. No. 52 (1 o’clock). – Article. 6249. 4 On the issues of state control (supervision) and repealing certain acts of the Government of the Russian Federation (together 4 SZ THE RUSSIAN FEDERATION. – 2008. No. 52 (1 o’clock). – Article. 6249. with the “Regulation on the Federal state supervision in the field of communications”, “Regulations of the state supervision in the field 5 S Vinokurov, A. Y. State land supervision: problems of legal regulation // Legal issues of real estate. – 2013. No. 1. – N-2 – 4.Z of atmospheric air protection”, “Regulations of the state supervision in the sphere of use and protection of water objects”, “Regulations THE RUSSIAN FEDERATION. – 2008. No. 52 (1 part). – Article. 6249. of the Federal state supervision in the field of protection, reproduction and use of wildlife and their habitats”, “regulation of a Federal 6 SZ THE RUSSIAN FEDERATION. – 2008. No. 52 (1 part). – Article. 6249. state fire supervision in the woods”, “Regulations of the state veterinary supervision, and “Regulations of the Federal state sanitary and 7 On the protection of rights of legal entities and individual entrepreneurs during state control (supervision): the Federal law of epidemiological supervision”): resolution of the Russian Government dated 05.06.2013 No. 476 // Sz the Russian Federation. – 2013. 08.08.2001, No. 134 // Sz the Russian Federation. – 2001. No. 33 (part I). – Article. 3436. 5 SZ THE RUSSIAN FEDERATION. – 2002. No. 1 (1 part). – Article. 1.o. 24. – Article. 2999. 8 SZ THE RUSSIAN FEDERATION. – 2008. No. 52 (1 part). – Article. 6249. 6 Shafranov A. the Separation of control and supervision activities in the sphere of Executive power // Law and life. – 2006. No. 9 Official website of Rosreestr. URL: http://www.rosreestr.ru/cadastre/ground_control/statinfo (date of access 02.03.2014 year). 1. – http://www.law-n-life.ru/arch/n91.aspx. 10 Official website of Rosreestr. Reports 9-3M. URL: https://rosreestr.ru/wps/poral/p/cc_ib_state_supervision/ (date of access 7 Belyaev B. N. Control and supervision as a form of legal activity: author. dis. Dr. jorid. Sciences. – Saratov. – 2006. – S. 9. 02.03.2014 year). 86 87 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

The data show that in 2011 the situation of violations of land legislation has gained positive The basic principles for the protection of rights of legal entities and individual entrepreneurs dynamics of growth. It took 2 years to rebuild proven mechanism for the identification of in the exercise of state control (supervision), municipal control are the presumption of good land offences. The increase in the number of violations detected not an end in itself Rosreestr, faith auditees openness and accessibility of information, inability of audits of several competent however, these measures assess the work of the inspectors on the use and protection of lands. authorities, no fees for the conduct of the audit, the responsible reviewer. The Federal law No. 294-FZ20 sets the sequence organization and conduct of inspections, the The sequence and timing of administrative procedures in the implementation of state land order of the coordinated action of control authorities, regulates the rights and obligations of supervision are determined by: subjects of control. – Administrative rules of building inspection in the implementation of the state land control In the specified Federal law regulates issues for scheduling inspections; the procedure for in respect of legal entities and individual entrepreneurs, approved by the Order of Ministry of the preparation of regulations for the conduct of audits. Set the duration and frequency control. economic development of Russia from 30.06.2011 No. 3181 ; The procedure for registration of inspection results. – Administrative regulations of execution of the Federal service of the state to enforce The state land control (supervision) is in the form of audits of legal entities or individual Federal, state environmental Inspectorate, approved by Decree of the Ministry of Russia dated entrepreneurs, individuals, and officials of the mandatory requirements established by law. 29.06.2012 No. 1912; The Federal law No. 294-FZ definition of validation. Check classified: – The administrative regulations of execution of the Rosselkhoznadzor state functions for – documentary and field; the implementation of state land supervision in respect of agricultural land and agricultural – scheduled and unscheduled; land use in the composition of lands of settlements, approved by the Order of the Ministry of Documentary checks are carried out at the location of the inspection body, the method of agriculture of Russia dated 30.01.2012 No. 96. research documents. In addition, these bodies are obliged to follow the provisions of the Land code and the Field audits are conducted in the case, when making the documentary verification is not Federal law, Federal law No. 294-FZ.3 sufficient to establish violations of the current legislation. Inspection takes place at the place The Federal law No. 294 FS4 determined the timing of inspections. As a General rule, the of location of a legal person, the place of activity of an individual entrepreneur and (or) in place period of inspection of any kind may not be more than 20 working days. of the actual implementation of their activities In respect of 1 of a small business term routine site inspections may not be more than: The General Prosecutor shall be prepared and placed on the official website of the Prosecutor – 15 hours for a small business in the year; General Summary annual plan of inspections. – 15 hours for microenterprises in the year. Article 10 of Federal law No. 294-FZ19 has closed and is not subject to a broad interpretation Violation of the terms and timing of the checks is related to gross violations of the of the list of grounds for unscheduled inspections. That failure, instructions were issued in the requirements of Federal law No. 294 FS5, i.e., an unconditional basis for the recognition of period, admission to the inspecting authorities information about the threat to the life or health test results invalid. Date, time and duration of the audit shall be instructed by the officials of of citizens, the threat of harm to the environment, the order was issued on the instructions of state control (supervision), a body of municipal control in the inspection report, and journal of the President of the Russian Federation, the Government of the Russian Federation. accounting audits The project entered new grounds for unscheduled inspections of legal entities and In exceptional cases, the period of the exit routine inspections may be extended for not more individual entrepreneurs – identification as a result of the administrative examination than 20 working days, in relation to small enterprises, micro-enterprises not more than 15 hours. of plots of violation of property rights of the Russian Federation, subjects of the Russian The person against whom the monitoring activities, notified body of state control Federation, municipalities, citizens and organizations. Under the administrative inspection (supervision), a body of municipal control not less than 3 working days before the start of the of the object of land relations refers to the study of actual use of the object of land relations audit. on the basis of information contained in state and municipal information systems and public The Federal law No. 294-FZ34 establishes mandatory requirement for inspection of the information resources, archives, information obtained in the course of state monitoring of implementation of land laws in the presence of a representative of a legal entity, individual land documents prepared as a result of land management, the information obtained from entrepreneur. The legislation does not provide rules governing the possibility of verification remote sensing and other methods (remote sensing (including satellite imagery, aerial without the participation of the person. photography), the results of soil, agrochemical, phytosanitary and ecological-Toxicological Therefore, the intentional failure of a legal entity, individual entrepreneur to participate in examinations and other). the test, makes it impossible that leads to no performance points inspection plan. The procedure for preparation of the bodies of state control (supervision) and municipal control of annual plans of planned inspections of legal entities and individual entrepreneurs (hereinafter – the annual plans), for their approval and submission to the Prosecutor’s office, 1 On approval of the Administrative regulation of the Federal service for state registration, cadastre and cartography inspections 1 during implementation of the state land control in respect of legal entities and individual entrepreneurs Registered in Ministry of justice the standard form of the annual plan are defined as Rules approved by the Resolution of the of the Russian Federation 20.10.2011 No. 22094): order of the Ministry of economic development of the Russian Federation dated Government of the Russian Federation (hereinafter – Decree No. 489). The draft law provides 30.06.2011 No. 318// Bulletin of normative acts of Federal Executive authorities. 2011. No. 44. 2 On approval of Administrative regulations of execution of the Federal service for supervision in the sphere of nature that the results of the administrative survey of land relations is taken into account in the management of the state to enforce Federal state ecological supervision: the order of the Ministry of Russia dated 29.06.2012 No. preparation of annual plans of audits of compliance with the land legislation. 191 (Registered in Ministry of justice of Russia 16.11.2012 N 25824) // the Russian newspaper. – 2013. No. 12. 3 On approval of Administrative regulations of execution by the Federal service for veterinary and phytosanitary surveillance of the state to implement the state land supervision in respect of agricultural land and agricultural land use in land settlements: the order of the Ministry of agriculture of Russia dated 30.01.2012 No. 96 (Registered in Ministry of justice of Russia 09.06.2012 N 24537) // 1 On approval of the Rules of preparation of the bodies of state control (supervision) and municipal control of annual plans of Bulletin of normative acts of Federal Executive authorities. – 2012. No. 47. planned inspections of legal entities and individual entrepreneurs: the decree of the Government of the Russian Federation of 30 June 4 SZ THE RUSSIAN FEDERATION. – 2008. No. 52 (1 part). – Article. 6249. 2010, No. 489 (as amended on December 30, 2011) // Sz the Russian Federation. – 2010. – No. 28. – Article. 3706. 5 SZ THE RUSSIAN FEDERATION. – 2008. No. 52 (1 part). – Article. 6249. 88 89 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

According to the results of inspection by authorized persons conducting the inspection must a contradiction in the legislation. It is necessary to introduce legal liability for incomplete be recorded in the prescribed form in duplicate. registration of land. The provisions of the hours 4 and 5 of article 16 of Federal law No. 294-FZ1 defined order of “The Institute of legal responsibility for violations in the delineated area is an integral part execution and delivery of the inspection report. of the mechanism of legal influence on land relations. And as part of this mechanism, it should The inspection report should be made immediately after its completion. The possibility of serve to ensure the protection of land resources, protection of rights and legitimate interests of drawing up the certificate at a later date provided for in including 5 senior 16 of Federal law No. owners, owners and users of land in the Russian Federation”.1 294-FZ only for cases when the preparation of the inspection necessary to obtain conclusions State land use control land is the most important function of state. This control aims to on the results of the research. In this case, the inspection report under this regulation must ensure that all participants of land relations has complied with the statutory requirements. be made within a period not exceeding three working days after completion of the control Conducting oversight allows not only to bring offenders to justice, but also in a timely manner activities. to restore the land back into economic circulation. From the state of this control depends on Failure to submit audit according to p. 6 hours 2 tbsp. 20 of Federal law No. 294-FZ35 refers the preservation of land as a natural resource. to gross violations of requirements of this Law and is the basis for the recognition of the results The author expresses his gratitude to the doctor of legal Sciences L. B. Sitdikova for her of the test invalid. professional advice and support throughout this challenging project, and doctor of legal Legal entities, individual entrepreneurs, in case of disagreement with those specified in the Sciences L. C. Goloskokov for his help in the practical part of the work, and for those who have inspection report information, or with the issued instruction may raise objections in respect of their attention, constant support were next. the inspection and (or) issued orders on elimination of the revealed violations as a whole or its individual provisions, and shall have the right to appeal the results of the inspection in the References in English: administrative order, or to contest them in court. 1. Elhotova E. Y. Attracting businesses to administrative responsibility according to the results While testing an important guarantee of the rights of legal entities and individual of inspections prosecutors regulatory bodies // Legality. – 2012. No. 5. – pp. 30 – 34. 2. Anisimov, A. P., Ryzhenkov, A. J. Land feature of the modern state: a monograph. M: a New entrepreneurs is the principle of the integrity of the audited entity. For accountability of the index, 2012. 192 C. audited persons supervising authority should prove as a violation of mandatory requirements 3. Babenko, L. N. Land of the offense as the basis of civil-law responsibility // Arbitration and and guilt checked in violation of the requirements of the regulations. civil procedure. 2010. N 2. pp. 2 – 7. 1. Existing legislation defined the authorized bodies (Rosreestr, the Rosselkhoznadzor, 4. Belyaev B. N. Control and supervision as a form of legal activity: author. dis. Dr. jorid. Rosprirodnadzor) for the implementation of the state land use control land. A special and Sciences. – Saratov. – 2006. – P. 9. 5. Bratus, S. N. Legal liability and legality (sketch of the theory). M., 1976. S. 6 important role for the maintenance of order in land relations plays the Prosecutor’s office. When 6. Vinokurov, A. 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Galasso [3], B. Garette & A. Karnani [4], G.Goering [5], A. Ellaway & S.Macintryre [6], S. Castaldo, F. Perrini, N. Misani, A. Tencati [8] and others. Among Russian researches it worth to mention O. Sukharev [9], A. Suleymanov & V.Tsareva Maloletko A.N. [10], V. Cheglova [11], L. Bragin, G.Ivanov & S. Orlov [12], G. Chernukhina & N. Nagapetiants Doctor of Economics, Vice-rector for Research, [13] and others. Russian State Social Unuversity, Moscow. However, rightly pointed out A. Aleynikov, the majority of researches limits with some analysis E-mail: [email protected] УДК 330.16 of the relationships in business in the widest palette: from a few panoramic economic and DOI 10.17922/2412-5466-2015-1-1-96-101 sociological researches to a huge number of useful and empirical reviews and chronicles [14]. Although, the author investigates some requirements retail chains makes to suppliers of socially important products. The author pointed out that federal law № 227 On the consumer basket in the whole of the The influence of retailers behavior Russian Federation dated 03.12.2012 establishes the list of socially important products for the on the economic security of regional manufactures main socio-demographic groups (Table 1). of socially significant products Table 1 The consumer basket for the main socio-demographic groups in Russia (2012-2017) Title Unit of The volume of consumption Receiving date: Preprint date: Taking to print date: measure (an average for one person per year ) 13.03.2015 27.03.2015 30.03.2015 working-age population pensioners children Bread products kg 126,5 98,2 77,6 The article investigates the problems that have arisen as a result of the ban for increase in Annotation: Potatoes kg 100,4 80,0 88,1 prices for socially important products. Consequently, manufacturers began to face financial difficulties. The author shows that on the one hand the demands made for regional manufacturers entry in retail, the Vegetables and melons kg 114,6 98,0 112,5 placement of their products, carrying out of promoting actions, the possibility of postponing retail companies Fruits kg 60,0 45,0 118,1 payment for products delivered and on the other hand the requirements tightening for suppliers of raw Sugar kg 23,8 21,2 21,8 materials and simultaneously increasing interest rates on loans pose a threat to the economic security of Meat products kg 58,6 54,0 44,0 regional producers of socially important products. Key words: retail, manufacturers, suppliers, socially important products, economic security, threats. Fish products kg 18,5 16,0 18,6 Milk & dairy products kg 290,0 257,8 360,7 Introduction. The author of this article considers that the economic security of regional Eggs pieces 210 200 201 producers of socially important products is a part of the sub-system of economic security of Oil kg 11,0 10,0 5,0 the Russian Federation. The author took into account the conditions of supply of raw materials Other products (salt, tea, kg 4,9 4,2 3,5 for the production of socially important products, lending the production of socially important spices) products, the specificity of the trading activities of large retailers operating in the region and other factors. Cited by the Federal Law of 03.12.2012 № 227 “On the consumer basket in the whole of the Russian Federation” A threat to economic security may cause of direct or indirect damage to the sustainable development of socially significant products manufacturers, as well as the damage to a decent Results. According to paragraph 5 of Article 9 of the federal law of the Russian Federation standard of living and quality of the citizens in the region [1]. № 381 On the basis state regulation of commercial activities in the Russian Federation dated The possibility to damage to the sustainable development of socially significant products 28.12.2009 retail company may not receive remunerate for the acquisition of socially significant manufacturers, according to the author, arises from trade networks, decision-makers for the food products specified in the list, which establishes the Government of the Russian Federation supply of the commercial network of socially important products by regional manufacturers by [15]. virtue of the set requirements for suppliers of products and pricing of products. Some of these products include the following items with a shelf life of less than 10 days: But in March 2015 the largest retail networks in Russia was adopted a moratorium on chicken (whole chickens, chicken, broiler), pasteurized milk 2,5-3,2% fat , bread and bakery changing prices on 20 socially important products of prime necessity on two months [2]. This products from wheat flour, rye flour and a mixture of rye and wheat flour [16]. decision caused of new threats. However, the author found that retail companies compensate this limitation at the expense Methods and materials. The author asks at whose expense will be implemented this decision of other sources. and whether it will affect the economic security of regional manufacturers, therefore the author To producers of products as suppliers, trading networks informally assigns some duties. attempts to explore the relationship some manufacturers has with retail network, that sold their For example, trading networks informally assigns the “entrance fee” (about $ 30,000 for the products. To find solutions author present this. 2 position in the METRO Cash & Carry), the “retrobonus” (about 22 % of the proceeds from the The studies of the problems the inter-relations between socially important products sale of goods), the “fee” (about 5 %), publish annual catalog goods ( 10 000 – $ 20 000 per year), manufacturers and services manufacturers in the systems of redistribution are made by V. the obligation make promotions (for example, “two products per the price of one”).

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And, in the latter case, retail companies is not motivated to increase in the sales volume. They Suppose supplier delivers to the trading network produced products. Then under Part 7 of are interested, above all, the ability of the manufacturers to participate in various promotions. Article 9 of the federal law of the Russian Federation № 381 On the basis state regulation of After all, for each action “two per the price of one” i.e. offer of the 50 % discount for the product, commercial activities in the Russian Federation dated 28.12.2009 products for which the expiry a retail company will receive another 15%. date is set more than thirty days shall be paid not later than forty-five days from the date of The producers or suppliers of socially important products can not refuse these conditions. acceptance of such products by business entity engaged in commercial activity [15]. They are forced to take them. This condition is included in the contract of food delivery of and, as a rule, is used by trade The manufacturers or suppliers of products after their products are placed on a shelf in networks fully. In other words, a manufacturer will be able to receive payment for produced and a large retail chain, become members of the club. They will be members of undercover club of delivered by them socially important products only after 45 days. On the other hand, suppliers suppliers of retail chains. of raw materials demand payment for the delivered raw material in a period not exceeding The author is experience shows that, during the negotiations on the “input” to the commercial 30 days. In this way, a cash gap of 15 days emerges. network, a manufacturer or a vendor will certainly be asked about where and in which concrete When a period to pay for raw materials became smaller, then a period of cash gap became retail chains have represented his products. As a consequence, the experience of suppliers in bigger. In the case of advance payment of raw materials, the cash gap increasing on another setting relationship with sales networks is a positive signal for the decision makers to adopt of number of days equal to the period from the date of prepayment until the day of delivery of raw a new supplier in the trading network. materials. Another problem is the establishment by distribution networks trading margin in excess of For many regional manufacturers, whose turnover does not exceed $ 1.5 million per year, and 100% for products, produced by regional producers. who therefore are related as small business [17], as their revenue does not exceed 400 million More over, retail companies set the minimum possible trade margin on imported products. As rubles (about 7 million US dollars) a year, the cash gap today has increased from $ 170 000 to we see stakeholders are conducts tough competition for squeezing regional producers out the $ 250 000 and exceed the threshold of 17%. At the same time, the profitability of companies shelves of retailers. manufacturing socially significant products rarely exceeds 15 %. It is possible to assume that the top management to retailers try to raise the selling price In these circumstances , the level of economic security of regional producers of socially of products to regional producer prices to the level of imported products and does not give important products falls below the threshold . There is a threat to the existence of the business. an opportunity to compete at the price of the products. They do it even for socially important Discussion. In order to avoid a number of threats for trade networks it is possible to propose products. After all, the beneficiaries of large retail chains, placed in Russia, are foreign the following: citizens. it is needed to introduce mandatory quotas for retail company for placing products of It is appropriate to point out that the author knows cases of getting some retail chains regional producers; operating in Russia, the recommendations from foreign partners to provide certain benefits trade networks should be required to show input price at the price tag on socially significant to foreign suppliers when placing products and providing the information for compensation products; incurred by costs associated with the high cost of implementation. it is necessary to amend the legislation governing the trading activities of the deferred It can be illustrated by the price of some import bread products sold in major retail chains payment for delivered food products; in the Moscow region . it is required the establishment of regional trade networks. So , the price per a baguette bread weighing 150 grams , made from imported frozen semi- More over, while agreeing with V. Firsov [18] and A. Bart [19] it is possible to distinguish finished product is a little more than $ 1 per unit. the following steps to prevent threats to economic security in order to improve the economic In the recalculation for the price of 1 kg of bread products price will be $ 7 per 1 kg. It is security of regional manufacturers of socially important products: hard to imagine, seven US dollars per 1 kg of bread! But the cost of a similar regional product is it is needed to begin objective monitoring of the relationship between retailers and regional about 2 – 2.5 $ per 1 kg. manufacturers of socially important products; Thus, coming back to the question posed about a moratorium on changes in prices for it is needed to establish threshold proportion for socially important products produced by socially important products, it is appropriate to assume that the entire burden of implementing regional manufacturers; the decision lies primarily in the regional producers, that predominantly play the role of the it is needed to carry out by the activities of the authorities of the Russian Federation to providers of socially important products for retailers. detect and to prevent internal and external threats to economic security. In these circumstances, the level of economic security of regional manufacturers producers Conclusion. Thus, the proposed hypothesis consists in the fact that the behavior of retailers of socially important products is significantly reduced. has a significant impact t on economic security of regional manufacturers of socially important However, danger to regional socially important products manufacturers arise not only in goods. commercial networks. At the beginning of 2015 the majority of Russian banks increased the rate on loans from 16% References in English: to 24 % and they are reduced the loan term from 2 years to 1 year. Suppliers of raw materials 1. The National Security Strategy of the Russian Federation to 2020, approved by the Decree of became to demand full pre-payment or some other of them reduced a period for subsequent the President of the Russian Federation 12.05.2009 № 537. 2. Russia has frozen the price of 20 socially important goods // Rossiyskaya Gazeta, March 4, payment at 30 days. 2015 [Electronic resource]. URL: http://www.rg.ru/2015/03/04/tovari-site-anons.html. Under these conditions, substantial cash gap becomes a significant threat to economic 3. Galasso V. The political economy of social security: a survey // European Journal of Political security of regional manufacturers. The mechanism of emergence of cash gap begins from the Economy. Vol. 18, Issue 1, March 2002, pp. 1-29. doi:10.1016/S0176-2680(01)00066-0 following.

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4. Garette B., Karnani A. Challenges in Marketing Socially Useful Goods to the Poor // HEC Paris – 8. Kjerroll A. piramida korporativnoj social’noj otvetstvennosti: moral’nuju storonu upravlenija Strategy & Business Policy. University of Michigan, Stephen M. Ross School of Business. organizacionnoj zainteresovannyh storon // biznes-gorizonty. Vyp. 34, Vypusk 4, Ijul’– Feburary, 2010. Avgust 1991, Str. 39-48. doi:10.1016/0007-6813(91)90005-g 5. Goering G. Socially concerned firms and the provision of durable goods // Economic modeling. 9. Suharev O. institucional’nye izmenenija, jeffektivnost’ i strukturu jekonomiki. Lambert Vol 25, Issue 3, May 2008, pp. 575-583. doi:10.1016/j.econmod.2007.10.001 Akademicheskoe Izdatel’stvo, 2011. 6. Ellaway A., Macintryre S. Shopping for food in socially contrasting localities British Food 10. Sulejmanov A. A., Carev V. Tendencii razvitija konkurentnyh otnoshenij na rynke social’no Journal, 2000. Vol. 102 Iss: 1, pp. 52 – 59. doi:10.1108/00070700010310632 znachimyh tovarov // Kreativnaja Jekonomika. – 2011. – № 12 (60). – s. 31-38. 7. Castaldo S., Perrini F., Misani N., Tencati A. The Missing Link Between Corporate Social 11. Cheglov v. roznichnye seti: koncepcii i strategii, lovushki i reshenija. Monografija // M., Responsibility and Consumer Trust: The Case of Fair Trade Products // Journal of Business Uchebnik / INFRA-M, 2013 . Ethics. January 2009, Volume 84, Issue 1, pp 1-15. 12. Sovremennaja torgovlja: problemy konkurentosposobnosti i social’noj politiki. Monografija . 8. Carroll A. The pyramid of corporate social responsibility: Toward the moral management of Bragin l., Ivanov g., Orlov S., Cheglov V. i soavt. ( Jed. Orlova S.). M., 2014. organizational stakeholders // Business Horizons. Vol. 34, Issue 4, July–August 1991, Pages 13. Aktual’nye voprosy razvitija potrebitel’skogo rynka megapolisa: Teorija i praktika. Monografija 39–48. doi:10.1016/0007-6813(91)90005-G . Chernuhina g., Nagapetiants N., Cheglov V. i soavt. (Jed. Chernuhin G.). M., 2012. 9. Sukharev O. Institutional Change, Efficiency and Structure of Economy. Lambert Academic 14. Alejnikov A. social’no – politicheskie faktory stanovlenija biznesa v sovremennoj Rossii. Publishing, 2011. Avtor. diss . D-r polit. Nauk . Sankt-Peterburg: SPGU , 2009. s. 5. 10. Suleymanov A., Tsarev V. Trends in the development of competitive relations in the market of 15. Federal’nyj Zakon Rossijskoj Federacii № 381 na osnove gosudarstvennogo regulirovanija socially important goods // Creative Economy. – 2011. – № 12 (60). – pp. 31-38. torgovoj dejatel’nosti v Rossijskoj Federacii “ ot 28.12.2009 11. Cheglov V. Retail Network: concepts and strategies, pitfalls and solutions. Monograph // M., 16. Postanovlenie Pravitel’stva Rossijskoj Federacii № 530 perechen’ otdel’nyh vidov social’no Textbook / INFRA-M, 2013 . znachimyh prodovol’stvennyh tovarov, dlja kotoryh priobretenie opredelennogo kolichestva 12. Modern trade: issues of competitiveness and social policy. Monograph . Bragin L., Ivanov G., hozjajstvujushhih sub#ektov, uchastvujushhih v kommercheskoj dejatel’nosti, vyplata Orlov S., Cheglov V. et al. ( Ed. Orlova S.). M., 2014. kompensacii ne dopuskaetsja ot 15.07.2010; 13. Actual questions of development of the consumer market metropolis: Theory and Practice. 17. Postanovlenie Pravitel’stva Rossijskoj Federacii № 101 o predel’nyh znachenijah vyruchki Monograph . Chernukhina G., Nagapetiants N., Cheglov V. et al. (Ed. Chernukhin G.). M ., 2012. ot realizacii tovarov (rabot, uslug) dlja kazhdoj kategorii malogo i srednego biznesa ot 14. Aleynikov A. Socio- political factors of business formation in modern Russia. Author. diss . Dr. 02.09.2013 polit. Sciences . Saint-Petersburg: SPGU , 2009. p. 5. 18. Firsov V. Mery po ustraneniju ugroz jekonomicheskoj bezopasnosti Rossijskoj Federacii // 15. Federal Law of the Russian Federation № 381 On the basis state regulation of commercial zhurnal RAPA pri Prezidente Rossijskoj Federacii. – 2008. – № 2. activities in the Russian Federation dated 28.12.2009 19. Bart A. A. mehanizm obespechenija jekonomicheskoj bezopasnosti Rossii // Rossijskoe 16. Resolution of the Government of the Russian Federation № 530 List of certain types of predprinimatel’stvo. – 2010. – № 11 vyp. 1 (170 ). – S 4-9. socially important food products, for which the purchase of a certain amount of economic entities involved in commercial activities, the payment of compensation is not permitted dated REFERENCE TO ARTICLE 15.07.2010; Maloletko, A. N. (2015) The influence of retailers behavior on the economic security of 17. Resolution of the Government of the Russian Federation № 101 On the limiting values of the regional manufatuers of socially significant products, Contemporary Problems of Social Work, proceeds from the sale of goods (works, services) for each category of small and medium-sized Vol. 1. No. 1. 2015. P. 96-101. DOI: 10.17922/2412-5466-2015-1-1-96-101. businesses dated 02.09.2013 18. Firsov V. Measures to address the threats to economic security of the Russian Federation // Journal of RAPA under the President of the Russian Federation. – 2008. – № 2. 19. Bart A. Mechanism to ensure the economic security of Russia // Russian Entrepreneurship. – 2010. – № 11 Vol. 1 (170 ). – pp 4-9.

References in Roman script: 1. V strategii nacional’noj bezopasnosti Rossijskoj Federacii do 2020 goda, utverzhdennoj Ukazom Prezidenta Rossijskoj Federacii 12.05.2009 № 537. 2. Rossija zamorozila cene 20 social’no znachimyh tovarov // Rossijskaja gazeta, 4 marta 2015 [Jelektronnyj resurs]. URL-adres: http://www.rg.ru/2015/03/04/tovari-site-anons. html. 3. Galasso v. politicheskaja jekonomija social’nogo strahovanija: obzor // Evropejskij zhurnal politicheskoj jekonomii. Vyp. 18, Vypusk 1, Mart 2002, str. 1-29. doi:10.1016/S0176- 2680(01)00066-0 4 Garette B., Karnani A. Problemy marketinga obshhestvenno poleznyh tovarov dlja bednyh // Biznes-shkola hec – strategii i biznes-politiki. Universitet shtata Michigan, Stiven M. Ross shkola biznesa. Fevralja, 2010. 5. Gering g. social’no zainteresovannyh firm i obespechennost’ tovarami dlitel’nogo pol’zovanija // jekonomicheskogo modelirovanija. Tom 25, Vypusk 3, Maj 2008, str. 575-583. doi:10.1016/ Dzh.econmod.2007.10.001 6. Ellaway A., Macintryre S. v magazin za produktami v social’no kontrastnyh naselennyh punktov, britanskij zhurnal pishhi, 2000. Vyp. 102 MKS: 1, s. 52 – 59. doj:10.1108/00070700010310632 7. Castaldo S., Perrini F., Misani N., Tencati A. Nedostajushhee zveno mezhdu korporativnoj social’noj otvetstvennosti i doverija potrebitelej: v sluchae Spravedlivoj torgovli produktami // zhurnal delovoj jetiki. Janvar’ 2009, tom 84, vyp. 1, PP 1-15.

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has a number of features, such as an orientation of court’s actions on detection of the absent owner, i.e. the person with other title for the purpose of his enabling to call dibs, and in case of absence – to create suggestion of the loss of the property right by him and recognition of the Neznamova А.А. right for the applicant party. Teacher of Financial, Department of financial, banking Perhaps, it is possible to suppose that development of the mechanism on improvement of and administrative law, Russian State Social University, Moscow. management structure of public property positively reflects to the extent of establishment E-mail: [email protected] УДК 346.1 of rights for ownerless real estate, including an order and terms of its acquisition. Thus the DOI 10.17922/2412-5466-2015-1-1-102-106 structure of management of the public property has to reflect ability to solve topical issues and provide receipt of the additional income to local budgets due to application of modern methods and financial instruments, effective use of the available property and a detailed legislative regulation of management activities. The question of features of establishment The land parcel which actually isn’t used, drops out of economic turnover for extended length of time and doesn’t receive proper protection as a natural resource, it cannot be recognized relevant of rights to ownerless real estate to the basic principles of the land law, for which reason arises a need to solve this problem. We believe that it is practical to bring some legislative improvements to the existing regulation of arrangements for the use of the ownerless land plots, drawing of ownerless land Receiving date: Preprint date: Taking to print date: plots into economic circulation is necessary according to such principles of the land right as 13.03.2015 27.03.2015 30.03.2015 compulsory use of the land parcel. It is estimated that use of such land parcels is possible only Annotation: The goal of research is consideration of legal regulation of conversion of an ownerless according to their intended purpose. immovable object to private property and definitions of improvement ways of the legislation in the field of Under Article 25 of the Land Code of the Russian Federation land titles, emerge on the ownerless real estate turnover. Also, the purpose research are research of current law-enforcement practice of grounds, established by civil legislation, federal laws, and are due to state registration. establishment of rights for ownerless real estate, consideration of features of civil regulation of conversion of Thus, the Land Code involves the invocation of Article 225 of the Russian Federation Civil ownerless immovable thing to the private property, including questions of acquisition of the title to ownerless Code to the emergence of title to ownerless land [4]. real estate, arising by virtue of acquisitive prescription are. Key words: Real estate, ownerless object, ownerless real estate, earth, property right, acquisition of Thus, under article 225 of the Russian Federation Civil Code an ownerless thing is that, that a right, acquisitive prescription. has no owner or the owner is unknown or, the right of title to which the owner has refused from. Just the same, title to ownerless things can be acquired in force of prescription, but in the A question of acknowledgment and acquisition of right for ownerless real estate becomes more legal literature there is no consensus on this issue, some authors believe that the parcel of land and more actual in the modern legal science. The problem of conversion of ownerless immovable and the land as an object of government property get immunity to the Institute of acquisitive object to the private property takes an important place in modern law-enforcement practice. prescription activities [6]. This provision issues from a presumption of government property of Before adoption of the Land Code of the Russian Federation on October 25, 2001 there was the parcels of the land that are not objects of private or municipal property [7]. In the event no consensus concerning application of regulations to the land parcels of ownerless property that the ownership of land is not divided, the disposal of such parcels of the land is carried out in the legal science, therefore, there also was no possibility of title acquisition to these land by body of local self government, i. e. in the absence of established real estate owner, this is not parcels by municipal formation. possible to recognize as ownerless. With coming into effect of the Land Code of the Russian Federation it was found that in case In this regard, some scholars, such as S.Yu. Starodumova suggest that the lawmaker’s goal is – of refusal from the land title, this land parcel gets a legal structure of ownerless immovable to put into civil circulation actually existing immovable estate – can not be realized in view of object, the order of rights termination on which it is established by the civil legislation. adopted in 2006, changes in the civil law, relating to exclusion of the paragraph on the recognition It is expected that the main goal of the research is offer of the complex measures, intended of ownership of unauthorized construction on non-owned immovable estate, pursuant to that the to ensure proper safeguard of ownerless lands, to minimize risk of their pollution, littering, parcel will be provided to that person for the construction of the building [3]. degradation. Also to consider options of legislative amendments, to offer some legislative Thus, the Russian Federation Land Code is provided one of the admission foundations of improvements to the current regulation of arrangements for use of the ownerless land parcels. the parcel of the land ownerless – the owner’s refusal of the rights to the parcel of the land. It Methodological foundation is the complex of scientific methods of knowledge, such as should be noted that this is only the owner can be a natural or legal person, as otherwise is not system, historical, legal, comparative and legal, logical, dialectic and other methods of research. provided for by law. Also materials and key sources of various popular scientific literature on the offered subject Under the Article 236 of the RF Civil Code citizen’s or legal person’s waiver of ownership of were investigated. the belonging property, does not entail termination of rights and obligations in respect of this The author studied works of scientists, among which: Yu.N. Andreev, N. M. Korshunov, M. Yu. parcel until the acquisition of title by another person. Tikhomirov, L.V. Tikhomirova, S.Yu. Starodumova also he investigated topics of the most topical Under the Article 43 of the RF Land Code citizens’ and legal persons’ refusal to exercise their questions of establishment of the rights for ownerless real estate. rights on the parcels of the land does not entail the termination of their duties established by Currently there are no norms in the legislation according to which municipal formations Article 42 of this RF Code: automatically get the property right or other land titles after recognition of ownerless of – The use of the parcels of the land in accordance with their purpose in ways that should not parcels in their territory. Cases, considered by court about recognition of property ownerless harm the environment, including the land as a natural object;

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– Preservation of boundary, geodetic and other special markers that are installed on the land year after the date of registration acceptance of this immovable property object on the basis of in accordance with the law; the final court judgment. – Implementation of measures for the protection of land, forests, water bodies and other The cases on the recognition of the property to be ownerless considered by the court have natural resources, including fire safety measures; a number of features, such as the course of action of the court to the detection of a missing – Timely usage initiation of the parcels of the land in cases, if the terms of the land owner in order to enable him to assert his right, and in the case of his non-appearance – the development are contract-stipulated; creation of the assumption about his loss of the property rights and the recognition of the – Timely payment of payments on the ground; rights of the applicant. A public notification on the transfer of ownerless property to municipal – Adherence, while using the parcels of the land, of town-planning regulations, construction, ownership, which should be carried out by means of publications in the local media to inform environmental, sanitary, fire and other rules, standards; the widest possible audience, serves these goals. – Prevention of pollution, depletion, degradation, damage, destruction of land and soil and It should be noted, however, that to the period of time during which the land is not actually other negative impacts on land and soil; used by the owner, the period necessary for the recognition of the land to be ownerless is added, – Other obligations provided for by law [1]. as well as the time spent on applications to the registration and the judiciary, time needed for Thus, the proper implementation of the duties assigned to owner, is quite cumbersome, the consideration of this question and taking an appropriate decision. most often the cause of failure is just unbearable burden to maintain the parcel of the land for It should also be noted that the Government of the Russian Federation on October 31, a specific owner. 2014 submitted a bill aimed at identifying ownerless property in the country to the State Duma, In practice, there are cases when the land owner waives the rights to it, not by filing proposing to establish a new basis for registration of immovable property as ownerless [5]. a declaration to the competent authorities, namely removing from property, use and disposition The main purpose of the bill is to identify immovable property objects that lack factual and of property, i.e. legally the owner of such land exists, but in fact the land is abandoned, ownerless. legal ownership. The changes will not apply to immovable property objects the rights on which Under the current applicable law ownerless lands may be acquired in the property on the basis have arisen prior to January 31, 1998. of acquisitive prescription, under the Article 234 of the RF Civil Code, or be forcibly removed as It is planned to establish that in the absence of information on the rights for the immovable not used for its intended purpose under the Articles 284, 285 of the RF Civil Code. property objects of non-residential property in the State Immovable Property Cadaster within By the Article 234 of the Russian Federation Civil Code is founded that the acquisition five years from the date of assignment of cadastral numbers such objects can be put on the list of property rights is possible in the presence of a person who would honestly and openly, as ownerless, and subsequently transferred, for example, to the municipal property. continuously has owned the parcel of the land as his own for fifteen years. It is also necessary It is assumed that this regulation will be applied to previously recorded buildings, structures, to note that the person, referring to the acquisitive prescription, can add to his possession time, premises and assets under construction. Under the bill the cadastral registration authority must all time during which another person has owned this property, whose successor this person is. send information on such facilities to the appropriate authorities of local government within In the cases provided for in Articles 284 and 285 of the RF Civil Code, the right of withdrawal 10 working days from the end of the five year period. Authorized state authorities and local area has a local government. A person, who has an interest in the parcel of land, can only government agencies may within 10 days from the date of receipt of this information contact initiate its forced withdrawal of a legal authority by filing an application. And in future – to the body which is responsible for the state registration of rights with a statement of acceptance pretend for the acquisition of land ownership in total ordering. of the immovable property object on the list as the ownerless immovable object. Under the Article 225 of the RF Civil Code, the parcel of the land that is ownerless, can be The bill contains other regulations; in particular, it is offered to reduce the overall term of the purchased in the municipal property, it is accepted for registration by the body carrying out state registration of the rights from 18 calendar days to 10 working days. The reference time of state registration of rights to immovable property, according to the local authority on whose the term will continue to start from the date of receipt of the application and required documents. territory it is located. The effect of this bill in our view will stimulate owners of immovable property objects, The order of registration of ownerless parcels of the land is governed by the Regulation “On information about which is brought into the state cadaster of real estate, but the rights on the registration acceptance of the ownerless immovable things” approved by the Decree of the which are not registered in the prescribed manner for a long time, to register such rights in the Government of the Russian Federation of September 17, 2003 N 580 (hereinafter – Regulations). Unified State Register of Rights to Real Property for tax purposes. Immovable property objects, which do not have the owner or owners of which are unknown, are Underlining the need to solve these issues, we believe it is possible to make some taken on record as ownerless body carrying out state registration of rights, under the Articles improvements to the current regulation of the use order of ownerless land plots. 225 and 236 of the RF Civil Code [2]. Thus, we can conclude that it is necessary to involve ownerless land plots into the commercial In accordance with the Regulations the registration acceptance of the immovable property is production in accordance with such principles of land law as the mandatory use of the land plot carried out on the basis of the sending application in a single copy of the local government body in accordance with its intended purpose. It is assumed that such land plots can be used in on the territory of which the immovable property is. The application must be accompanied by accordance with their purpose. the documents proving that the immovable property has no owner or the owner is unknown, as It also should be noted that an effective measure to improve the legal actions aimed at well as documents containing the description of the immovable property. After the registration ensuring the putting on the list and removal from the register of ownerless immovable acceptance of the real property that has no owner or the owner is unknown, an extraction from property objects is the creation of a mechanism to improve the structure of municipal property the Unified State Register of Rights on account of the registration acceptance of the immovable management, herewith the structure should reflect the ability to solve problematic issues property is issued to the local government body. and provide additional revenues to local budgets through the use of modern techniques and Under the paragraph 3 of Article 225 of the Russian Federation Civil Code, the State financial instruments, the effective use of existing property and detailed legal regulation of registration of municipal ownership of immovable property is carried out upon expiry of one management processes.

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Summing up, it can be assumed that the implementation of the proposed by us will help to ensure adequate protection of ownerless land plots, to minimize the risk of pollution, littering, deterioration, damage of lands and soil and other negative impacts on the lands. Nikolaev A.M. References in English: Doctor of Laws, Department of Constitutional and municipal law 1. Land Code of the Russian Federation from 25.10.2001 N 136-FZ (ed. from 05.05.2014) (rev. Russian State Social University, Moscow. and add., joined. in force from 01.03.2015) // Legal reference system ConsultantPlus. E-mail: [email protected] 2. RF Government Resolution from 09.17.2003 No. 580 “On approval of the decision on registration of ownerless immovable objects” (ed. from 11.12.2004) // Legal reference Folosyan M.E. system ConsultantPlus. Postgraduate student, Department of Constitutional and municipal law, 3. Starodumova S.Yu. The inefficiency of the application of acquisitive prescription as grounds Russian State Social University, Moscow. for the emergence of property rights // Notary. 2013. # 5. pp 25-30. E-mail: [email protected] 4. The Civil Code of the Russian Federation (part one) from 30.11.1994 N 51-FZ (ed. from УДК 342.7 05.05.2014) (rev. and add., joined. in force from 09.01.2014) // Legal reference system DOI 10.17922/2412-5466-2015-1-1-107-111 ConsultantPlus. 5. The draft of the Federal Law No. 640086-6 “On Amendments to Certain Legislative Acts of the Russian Federation regarding the state registration of rights and state cadastral registration of real estate” (ed., submitted to the State Duma, the text as of 10.31.2014)// Legal reference Freedom of conscience and religion in the system of system ConsultantPlus. 6. Theory and practice of civil law application of rules/Ed. NM Korshunov and Yu. N. Andreev. M., individual rights and freedoms of human 2006, pp 44. 7. Tikhomirov M. Yu, Tikhomirova L. V. Land rights in the Russian Federation: Pract. manual/Ed. and citizen in the Russian Federation by M.Yu. Tikhomirov. M., 2008. pp 53 – 71. 8. The contract as a means of legal regulation of relations in sphere of rendering of services: problems of theory and practice: monograph. -М.: VAKO, RSSU, 2015. 9. Krukova E.M. Economics and entrepreneurship in tourism and hospitality: textbook -М.: Publ. Receiving date: Preprint date: Taking to print date: RGUTS, 2007 13.03.2015 27.03.2015 30.03.2015 10. Krukova E.M. Economic efficiency of management systems in the hotel industry: abstract. … Cand. Econ. Sciences. -М., 2005. -28 p. Annotation: Freedom of conscience and religion has always been a hot topic in our state, which is secular. The secular nature of the state suggests that none of the existing official religions in the Russian Federation References in Roman script: is not a state or compulsory. Questions concerning conscience or religion are complex – they open the variety 1. Grazhdanskij kodeks Rossijskoj Federacii (chast’ pervaja) ot 30.11.1994 N 51-FZ (red. ot of concepts such as – moral consciousness, the state of mind of human and spiritual values that each person 05.05.2014), (s izm. i dop., vstup. v silu s 01.09.2014) // SPS Konsul’tantPljus. is different. There is a constitutional right of every one of us – to believe or not to believe in any religion. 2. Zemel’nyj kodeks Rossijskoj Federacii” ot 25.10.2001 N 136-FZ (red. ot 29.12.2014) (s izm. Despite the difficulty of the tasks, the State is required to resolve the issue, without diminishing the rights and i dop., vstup. v silu s 01.03.2015) // SPS Konsul’tantPljus. freedoms of man and citizen in the Russian Federation. 3. Postanovlenie Pravitel’stva RF ot 17.09.2003 N 580 «Ob utverzhdenii Polozhenija o prinjatii Key words: constitutional law, freedom of conscience and religion, rights and freedoms of man and na uchet beshozjajnyh nedvizhimyh veshhej» (red. ot 12.11.2004) // SPS Konsul’tantPljus. citizen 4. Proekt Federal’nogo zakona N 640086-6 «O vnesenii izmenenij v otdel’nye zakonodatel’nye akty Rossijskoj Federacii v chasti gosudarstvennoj registracii prav i gosudarstvennogo At the moment, on the basis of national census, conducted in October 2010, Russia’s kadastrovogo ucheta ob#ektov nedvizhimosti» (red., vnesennaja v GD FS RF, tekst po population was 142,905,200 people. Russia, therefore, is the most populous country in Europe sostojaniju na 31.10.2014) // SPS Konsul’tantPljus. and the ninth largest in the world by number of inhabitants. The Russian Constitution says that 5. Starodumova S.Ju. Nejeffektivnost’ primenenija norm o priobretatel’noj davnosti kak Russia is a secular state. [6] The Constitution guarantees “freedom of conscience, freedom of osnovanija vozniknovenija veshhnyh prav // Notarius. 2013. № 5. S. 25-30. 6. Teorija i praktika primenenija norm grazhdanskogo prava / Red. N.M. Korshunov i Ju. N. religion, including the right to profess, individually or jointly with others any religion or no Andreev. M., 2006. S. 44. religion, to freely choose, possess and disseminate religious and other beliefs and to act in 7. Tihomirov M.Ju., Tihomirova L.V. Zemel’nye prava v Rossijskoj Federacii: Prakticheskoe accordance with them.”[1] posobie / Pod red. M.Ju. Tihomirova. M., 2008. S. 53 – 71. It should also be noted that in the Russian Federation shall be punished any unlawful 8. Dogovor kak sredstvo pravovogo regulirovanija otnoshenij v sfere okazanija uslug: problemy interference in the activities that make religious organizations, as well as when performing teorii i praktiki: monografija. -M.: VAKO, RGSU, 2015. religious rites. [2] It must be said that there is a mention of religion and the law on political 9. Krjukova E.M. Jekonomika i predprinimatel’stvo v industrii turizma i gostepriimstva: ucheb. posobie. -M.: Izd-vo Ros. gos. un-ta turizma i servisa, 2007 parties, which imposes a ban on the establishment of political parties based on religion. [4] It 10. Krjukova E.M. Jekonomicheskaja jeffektivnost’ sistem upravlenija v gostinichnom hozjajstve: is this diversity gives the two sides to the issue of freedom of conscience and religion. avtoref. dis. … kand. jekon. nauk. -M., 2005. -28 s. For believers conscience understood by criteria dogmas of faith, and for people who do not believe – in the delineation of the moral issues of good and evil. Accordingly, the self- REFERENCE TO ARTICLE determination of the person plays a critical role in the maintenance of freedom of conscience Neznamova, A.A. (2015) The question of features of establishment of rights to ownerless and religion. On this basis, we can say that religion freedom is part of a group of elements that real estate, Contemporary problems of social work, VOLUME, NUMBER,pp. Vol. 1. No. 1. 2015. relate to the conscience. P. 102-106. DOI: 10.17922/2412-5466-2015-1-1-102-106.

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The content of religious freedom includes, including the right to profess, individually Based on the foregoing, we can say that fully reflect the norms of the law «lex canonica» or jointly with others any religion or no religion, to freely choose and change, possess and impossible. However, if you find a common ground of religious norms and legal, it is possible to disseminate religious beliefs and to act in accordance with them. Establishment of privileges, identify some, mirroring a general model of a set of religious rules in the law. In our view, the restrictions or other forms of discrimination based on religion in the Russian Federation is not goal of any secular state, including the Russian Federation, is to find these points of contact allowed. and their reflection in the regulation. In other words, freedom of religion means that anyone can choose any religious doctrine Consider some of the features of religious freedom as a segment of the freedom of conscience: itself and without any obstacles to perform rites and rituals, which are assumed as part of the 1. The obligation to recognize freedom of religion can not be rejected for any reason, as religious doctrine. this “freedom” to have everyone from birth and thus has naturally – legal nature; The basic provisions of freedom of conscience and religion are explained in the Federal Law 2. As mentioned earlier, complex in its structure complex religious norms, includes not “On Freedom of Conscience and Religious Associations”, namely: only any subjective right, exercisable by man alone, but also the scope of the rights of the 1. If military service is contrary to religious beliefs, then the person can replace it with an volume sold in conjunction with a team of human men (FBOs). Accordingly, the State must alternative service; establish a clear distinction between the subjective right of one person and the rights of 2. No one shall be obliged to disclose their religious affiliation, as well no one is obliged religious organizations. And it is important to take into account the point that setting this line, to request such information from others;[3] the state should not interfere in the affairs of the organization;[6] 3. No one can be forced to participate in religious ceremonies or to refuse to participate 3. Distribution of religious freedom in the inner and outer freedom. Internal religious in them; freedom presupposes that each person internal beliefs, the presence or absence of faith, etc. 4. An employee of a religious group can not be arrested for refusing to give the information Internal religious freedom can not be limited by any legal act. But foreign religious freedom that was received during his confession; associated with the manifestation of internal religious freedom outside, certain actions, which 5. Believers are given the freedom to unite them in any groups and organizations, as well in some cases may be restricted by law;[6] as freedom in the presence of such organizations registrations; 4. In addition to religious organizations, there are many other structures that some of 6. These organizations have the right to perform religious rites in hospitals and its responsibilities to the realization of the constitutional freedom of conscience and religion. orphanages in prisons, nursing homes, etc .; Accordingly, the rules developed for religious organizations, must take into account this 7. Religious organizations may at its own expense to manufacture, distribute, sell specificity, thus, possible to regulate the competence of organizations that play an important a variety of religious literature Plan for religious purposes, without breaking the law.[3] role for the maintenance of religious freedom in the Russian Federation; Also important is the freedom of choice in religious education citizen. In the Russian Federal Law “On Freedom of Conscience and Religious Associations”[3], as it seemed at Federation, citizens have the right to receive religious education only in their personal choice. the time, decided many conflict issues concerning the relationship of law and religion. At the You need to specify that the right to freedom of conscience is still a child, but parents should moment, there are some serious gaps in the law, namely: provide the child upbringing and education. At the personal request of parents or guardians, as 1. In the present existing Federal Law “On Freedom of Conscience and Religious well if the child agrees to provide religious education programs. But for these actions require Associations” there is no delineation of responsibilities between the federal government and the consent of the data administration of educational institutions, which coordinate with the the government of the Russian Federation, local authorities in the area of religious freedom; relevant local authorities. 2. There is no clear age limit for persons who intend to establish a religious organization; It should be noted that in the Russian Federation banned those religious groups whose 3. There is no clear language that require religious organizations to act strictly on actions are associated with causing harm to human health, as well as if these actions arouse a territorial basis; citizen refusal to perform legal, civic duties. It is not necessary to guess what is prohibited and 4. There is a huge gap in the law, which concerns missionary activity; those religious groups that call for other wrongful acts. 5. Do not settled state religious expertise as well not regulated punishment for grave The Code of Administrative Offences has an administrative fine for obstructing the exercise violations that have taken place during the creation of a religious organization;[6] of the right to freedom of conscience. [5] The Criminal Code also provides for penalties for 6. Insufficient clearly and in detail regulate the conditions and procedure for the violation of the right to freedom of conscience and religion.[2] liquidation of religious organizations; Unlike public relations in the field of religious organizations and the relationship of religion Forming a legislative framework in relation to freedom of conscience and religion, lawmakers and state, is that they are integrated into a complex, multi-level mechanism of normative need to take into account some exceptional living conditions, in which there is a person. It can regulation. Despite the fact that under Article 14 of the Russian Constitution[1], our state perform military service, serve his sentence in prison, to be hospitalized, etc. These persons are is secular, some rules relating to religion and religious organizations, can not be attributed experiencing some sort of restrictions on movement and daily routine. The state has decided to secular normative legal acts. These standards relate to standards «lex canonica» (religious this issue, enabling some institutions to open certain areas, be it prayer rooms, to create norms, canon law) [6]Complexity of religious and canonical norms is that they will always be a special diet in these institutions, the ability to store religious literature. For some individuals changing. This process may depend on many factors, which include: historically established in such institutions to allocate time for worship, prayer, and others. paradigm of church and state relations, legislation on religion, the extent to which data Estimating further prospects of the problems of legal regulation of freedom of conscience regulations states regulate religious relations. Also, no doubt, on the basis of a secular state, and religion, we can say, in our opinion, in the future, legislators should take certain steps in the rules «lex canonica» will depend on the level of interference of religious organizations and this sphere: religion in state affairs, and vice versa, a situation where the state interferes in the affairs of 1. Limit the external influence on the religious organization; religious associations. 2. Solve problems relating to conflict with the rights of religious secularism state

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3. To develop a unified system of state-confessional relations 8. Arenin E.I. Religiovedenie (Vvedenie v osnovnye koncepcii i terminy): Uchebnoe posobie dlja 4. Establish effective safeguards activities of religious organizations studentov vysshih uchebnyh zavedenij. M.: Akademicheskij Proekt, 2004. 326 s. 9. Arsen’ev K.K. Svoboda sovesti i veroterpimost’. Sbornik statej. Spb., 1905. – 292 s. References in English: 10. Baglaj M.V. Konstitucionnoe pravo Rossijskoj Federacii: uchebnik. 9-e izdanie, izm. i dop. M.: Norma: INFRA-M, 2011. 768 s. 1. The Constitution of the Russian Federation ( adopted by popular vote December 12, 1993) // 11. Baglaj M.V., Tumanov V.A. Malaja jenciklopedija konstitucionnogo prava. M.: Izdatel’stvo the Russian newspaper. 1993 25 December BEK, 1998, 519 s. 2. Criminal code of the Russian Federation of 13 June 1996 // the Collection of RF legislation. 12. Beljavskij D.S. Problemy realizacii svobody sovesti v sub#ektah v sub#ektah Rossijskoj 1996. No. 25 Federacii, raspolozhennyh v predelah Juzhnogo federal’nogo okruga. Tema dissertacii. 3. Federal law of 26 September 1997, No. 125-FZ “On freedom of conscience and on religious Avtoref. dis. d.ju.n. M., 2012. S.. associations” // collected legislation of the Russian Federation. 1997 No. 39 13. Vishnjakova I.N. Konstitucionno-pravovoe regulirovanie svobody veroispovedanija. 4. Avakyan S. A. the Constitution of Russia: the nature, evolution and modernity. M.: RWED, Avtoreferat dissertacii na soiskanie uchenoj stepeni kandidata juridicheskih nauk. M., 2000.- 1997. 512. 25 s. 5. Avakyan S. A. Political pluralism and public associations in the Russian Federation: 14. Borisov K.G. Mezhdunarodnoe pravo religioznyh konfessij mirovogo soobshhestva: Uchebnoe constitutional and legal framework. Moscow: Russian legal publishing house, 1996. 359-p. posobie. M.: Izdatel’stvo RUDN, 2001. – 155 s. 6. Pchelintsev A. V. . “Freedom of religion and religious associations in the Russian Federation”. 15. Brjanceva O.V. Realizacija konstitucionnogo prava na svobodu sovesti v Rossijskoj Federacii: Author. dis. D. Yu.N. M., 2012. Na primere Volgogradskoj oblasti: Dissertacija k.ju.n. Volgograd. 2005. 224 s. 7. Antonenko, T. A. Religious norms and the system of socio-legal regulation of social relations 16. Maloletko A.N. Kontseptsiya ekonomicheskoy bezopasnosti razvitiya sistemyi vyisshego (theoretical-methodological aspect). Author’s abstract on competition of a scientific degree obrazovaniya rossii // moskva, 2009. S. 94 of candidate of juridical Sciences. Rostov-on-Don, 1999. 24 p 17. Maloletko A.N. Natsionalnyie interesyi rossiyskoy federatsii v sfere obrazovaniya // moskva, 8. Arenin E. I. Religious studies (an Introduction to the basic concepts and terms): textbook for 2008. S. 51- 65 students of higher educational institutions. Moscow: Academic Project, 2004. 326 p. 18. Maloletko A.N. Teoreticheskie osnovyi otsenki sostoyaniya obespecheniya i obsluzhivaniya 9. Arsenyev K. K. Freedom of conscience and religious tolerance. A collection of articles. SPb., gosudarstvennyih obrazovatelnyih uchrezhdeniy vyisshego professionalьnogo 1905. – 292 p. obrazovaniya// Moskva, 2008. # 3 S. 17-25. 10. Baglay M. V. Constitutional law of the Russian Federation: the textbook. 9th edition, CH. and extra-M.: Norma: INFRA-M, 2011. 768. REFERENCE TO ARTICLE 11. Baglay M. V., Tumanov V. A. Small encyclopedia of constitutional law. M.: Publishing house BEK, 1998, 519 p. Nikolaev, A. M. & Folosyan, M. E. (2015) Freedom of consicience and religion in the system of 12. Belyavsky D. S. problems of realization of freedom of conscience in subjects in subjects of the individual rights and freedoms of human and citizen in the Russian Federation, Contemporary Russian Federation located within the southern Federal district. Title of the thesis. Author. Problems of Social Work, Vol. 1. No. 1. 2015. P. 107-111. DOI: 10.17922/2412-5466-2015-1- dis. D. Yu.N. M., 2012. 1-107-111. 13. Vishnyakova I. N. Constitutional-legal regulation of freedom of religion. The dissertation on competition of a scientific degree of candidate of legal Sciences. M., 2000.25 p. 14. Borisov, K. G., the International law of religious denominations of the world community: a Training manual. M.: HSE, 2001. – 155 p. 15. Bryantseva O. V. the implementation of the constitutional right to freedom of conscience in the Russian Federation: On the example of the Volgograd region: the Dissertation of K. Yu.N. Volgograd. 2005. 224 p. 16. Maloletko A. N. The concept of economic safety of development of the higher education system of Russia // Moscow, 2009. P. 94 17. Maloletko A. N. The national interests of the Russian Federation in the field of education // Moscow, 2008. pp. 51 – 65 18. Maloletko A. N. The theoretical basis for the assessment of the status and management of state educational institutions of higher professional education Moscow, 2008. b 3 pp. 17-25.

References in Roman script: 1. Konstitucija Rossijskoj Federacii ( prinjata vsenarodnym golosovaniem 12 dekabrja 1993 g.) // Rossijskaja gazeta. 1993 g. 25 dekabrja 2. Ugolovnyj kodeks Rossijskoj Federacii ot 13 ijunja 1996 g. // Sobranie zakonodatel’stva RF. 1996. № 25 3. Federal’nyj zakon ot 26 sentjabrja 1997 g. № 125-FZ “O svobode sovesti i o religioznyh ob#edinenijah” // Sobranie zakonodatel’stva RF. 1997 № 39 4. Avak’jan S.A. Konstitucija Rossii: priroda, jevoljucija, sovremennost’. M.: RJuID, 1997. 512 s. 5. Avak’jan S.A. Politicheskij pljuralizm i obshhestvennye ob#edinenija v Rossijskoj Federacii: konstitucionno-pravovye osnovy. M.: Rossijskij juridicheskij izdatel’skij dom, 1996. 359s. 6. Pchelincev A.V. . «Svoboda veroispovedanija i religioznye ob#edinenija v Rossijskoj Federacii». Avtoref. dis. d.ju.n. M., 2012. 7. Antonenko T.A. Religioznye normy i sistema social’no-pravovogo regulirovanija obshhestvennyh otnoshenij (teoretiko-metodologicheskij aspekt). Avtoreferat na soiskanie uchenoj stepeni kandidata juridicheskih nauk. Rostov-na-Donu, 1999. 24 s. 110 111 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

The lecturers and students of RSSU, Anapa Branch, proposed an original method of mechanical treatment of the water of the Bay, similar to aeration of the water in aquariums [14] (Fig.1). Pinskaja M.V. Teacher of social work, Department of Social work, psychology and social rights, Russian State Social University, branch in Anapa. E-mail: margarita–[email protected] Sheglov A.N. Senior Lecturer, Department of Social work, psychology and social rights, Russian State Social University, branch in Anapa. E-mail: margarita–[email protected] УДК 628.3 DOI 10.17922/2412-5466-2015-1-1-112-119

A comprehensive method of reservoir water cleaning (the open bay of Anapa resort) (experimental results for planning non-traditional devices of reservoir water cleanly) Fig. 1. Implementation of the comprehensive method of reservoir water cleaning. Besides, the high efficiency of the method has been proved by the sea test of the models and Receiving date: Preprint date: Taking to print date: 13.03.2015 27.03.2015 30.03.2015 pilot models, capable of collecting selectively only nightly propagating in summer free floating algae (CladophoraVagabunda or “Kamka”). The advantage of this method of cleaning is the Annotation: The paper shows a method and a devise for reservoir water cleaning to get rid of free-floating ability to control the amount of algae in the Bay at different stages of their growth. Now the algae by way of a small vessel. For selective cleaning of the reservoir only from free-floating algae the seaweed are collected together with the sand only near the sea-shore (Pics 1 and 2) demersal near-bottom device makes a flow of air bubbles ensuring their upward movement/ Models and pilot models have been made, as well as experiments and sea tests the results of which have proved the efficiency of the proposed method. Calculations and experimental results can be the basis of making advanced devices for the cleaning of the Anapa Bay in summer when massive free-floating algae emission take place. Key words: Free-floating algae, cleaning the Bay, a flow of air bubbles, the Anapa resort, models and pilot models experimental results and sea tests.

In recent years a controversy has been under way among the experts about the ecological situation in Anapa Bay. Local residents and holiday-makers raise the alarm about accumulation of decaying algae in the coastal area of the bay in the summer month-at the time of summer vacations [10], [12], [13]. Free-floating algae or CladophoraVagabunda (locally known as “Kamka”) have always existed on the Anapa sand at all times, moreover they were used in medical purposes. Among the holiday-makers early in the 20th century in was believed that decaying seaweed, washed out into the sand, a positive impact on the health and is even capable to cure many deseases. But in resent years with the increase of the seawater pollution the amount of “Kamka” in the Bay has increased dramatically, resulting in deterioration of the seawater in the Bay. The clean sand-free algae need to find some possible application and them the Bay pollution with free-floating algae can be solved. Free-floating algae contain from 40 to 45% of vegetative protein, 30-35%of carbohydrates, up to 11% of lipids. Those algae are not only rich in easily digested organic iodine, but also iron, zinc, cooper, cobalt and other microelements. They contain a full range or vitamins, amino acids and biologically substances including for example Pics. 1 and 2 polysaccharide fucedk and have a huge antitumor potential. To explain the principle of operation of the complex refer to Fig.2.

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In shallow waters the algae, is collected by a module (like a vacuum cleaner), containing sectional auger to increase the concentration or algae, a wringing – on gear and a floating container for interim disposal. At the depth from 0,5 to 3m the second device raises the free- floating algae onto the surface (by the flow of the air bubbles) where they are collected by another module and its principle of operation is similar to that working in the shallow waters.

Pic. 3 The experimental reseach have been made as a part of the innovation development project under the State Cowtrat№ 11245/16833 deted 28.04.2012 (Report on the innovative research project “Device models development for the water in reservoirs”. RSSU, Anapa Branch, 2013 under the scientific guidance of A. N. Sheglov). Some methodological issues and results of 2009 – 2013 tests are given below, allowing to determine the main initial data for pilot models development.

Fig.2 The chart (Fig.2) is plotted in the motion plane and allows to determine: – the motion speed of the carrier a boat in the sea or a vehicle on the shore, at equal speeds of the rise of algae and the carrier’s speed during the time of the algae rise at any depth onto the surface – to the site of their rise a mechanical extractor is coming up; – the trajectory of plunge-rise of bubble emitters relative to the carrier-boat with an arbitrary change of the depth (theoretically it is a plane inclined 45 degrees towards the movement of the carrier-boat, in reality it is an are 3-4); – almost all distances between bubble emitters, mechanical extractor and carrier-boot for operation at the depth of up to 3m; Pic.4 Pic.5 – minimal dimensions of the mechanical extractor. The uncertainty of the algae location by depth and the need to introduce control automation It is not possible [5], [6] at present to obtain accurate initial data for the design by theoretical of the high speed motion mode of the carrier-boat during operation of the machinery for calculating method. In this regard (as well as to attract attention of public and businessmen to selective action can be taken into account only while determining the rate of rise of the free- the problem of seawater cleaning in the Anapa Bay, to the possible utilisation of the collected floating algae by the air bubbles flow. To determine the rate of rise traditionally is necessary to algae and to prove the effect and efficiency of our proposals) models and pilot models have make the under-water photography, which even whis a small amount of algae is impossible due been made in the lab of the RSSU, Anapa Branch. Pilot models for the sea-tests have been made to the poor visibility and consequently ensuring the divers safety. in the work-shops of “the Health Resort Service” – municipal enterprise and installed in a boat Therefore, to determine the rate of rise of the algae by a flow of air bubbles an indirect in the sea port of Anapa (Pic. 3) method has been used. That is the time measurement of the algae rise from a certain depth 114 115 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 after the compressor has been turned off. To minimise errors the compressed air amount was The test results including the conditions of different intensity of the vegetation in the restricted only by a minimum required length of the air pipe (the inner diameter – 6mm ,the seawater (free-floating algae) on the sand sea-bed and with the growth of the seaweed at length – 4.5m .With the performance of each compression 35 l/min and the full capacity of the different stages of algae growth are given below and can be used as a baseline for the preparation: air pipe – 0.5 l the total error, due to inertia , is dozens of milliseconds or less than 1%. The main – the average rate of the algae rise at the stage of their low and medium growth of 0,3 m/sec, air bubbles model emitter is linear rectangular and tubular П-shared having the dimensions which is not contrary to the data [2],[3],[4] for clean water; 35x25 cm, and pilot models-linear 30cm.The rate of rise of the algae by means of the air bubbles – the minimum time of the air bubbles flow formation is 1–1,5 sec [11]; flow determined by tests is appox. 0.3 m/sec. – the minimum length of the emitter – 30 – 35 cm [11]; The length of the emitter is determined by a minimum time for the formation of the air – the optimum size of the air bubbles – 2 – 4 mm (with the excess of pressure by 0.12 – bubbles flow (about 1 sec.) at the speed of 0.3 m/sec corresponds to the length of 30-35cm. 0.2 bar) which corresponds to the maximum rate of their rice for the clean water [3], [9] (the The research was crunched only sea-bottom and sometimes, with clean water and with low size of sure of the bubbles in the flow was up to 1.0 – 3.0 cm due to the use of standard tubular to medium amount of free-flouting algae. Models and pilot models of tubular emitters forming aquarium aerators); the field of air bubbls from 25cm to 1.5 m and internals between the individual emitters 6,5 cm – large-size bubbles do not provide good Foaming with the algae and less effectively support to 25cm were tested at depths from 0.5 to 4.5 m [2]. The minimum time of formation of the air the seaweeds on the water surface [11]; bubbles flow is appox 1 sec, which means at the non-stop motion that in each specific point the – with the plunging depth over 0.8 larger-size bubbles emerge the surface due to the emitter must emit bubbles for not less than that time. To meet those requirements the emitter decrease of pressure at their rise and junction [9]; must during that time move parallel to the water surface to provide the chosen design in the – the rate and amount of the raised seaweed decrease with the algae aging (from green to shape of a parallelogram. brown and even darker shades), and with the feigning of their decay the rise practically stops The width of the emitters field was chosen devisille. To 1.5m with the distance from 6.5 cm (muddy black water rises)[7],[11]; to 25cm. The best result was oltained at the distance up to 15–18 cm.The plunging depth of – the noted width of the flow varies depending or the dept. with the first 25 – 30 cm the flow the emitters was up to 4.5 m during the tests (which is out of reach of the swimmers) .The tests widens by 40 – 60 %, the at each meter the width is very small, approx. 5 – 11 % [11]; have shown it is betters to collect the algae at the depth of 2.5–3.0 m. – with highly intensive algae – more than medium, their rise is hampered, the rise rate is During the sea tests we determined the width of the air bubbles flow depending on the insignificant, the air bubbles flow is unsteady (it is getting wider and is deviating). At the same of pluning the emitter ,but only in clean (with no algae) waters. This is due to the lack of time the air bubbles are increasing in size and decreasing in number, which can be explained by possibility of the underwater photography because of the presence of seaweeds in the water. their junction, but it is impossible to assess the process going on underwater; As no definition of the amount of the free-floating seaweeds in the seawater at different – the possibly to collect only free-floating algae has been proved; the seaweeds growing stages of the algae life-span has not been found in the literature, four stages of the water from the sea-bed and having a root system could not be form off by the flow of the air bubbles vegetation are prorused .The minimum vegetation is the amount of the green seaweed even at the increase of pressure from 0.15 – 0.2 to 0.6 bar; corresponding to the lack of visibility of the sea bottom at 15–20cm depth, the medium – at – the angles of sliding from the meted and nylon are 140 – 145 degrees, or the wood and the depth of 0,8m and more. There appears a layer of clean water of 5 – 15cm (due to slightly cotton they exceed 150 degrees fnd increase considerably for rough surface (for example ,rusty greater amount of the specific weight of the algae). With higher intensity of vegetation it is metal); throughout the whole depth to the water surface and the fourth and highest intensity the – the capture width is not less than 65–70 cm , its length depends on the carrier boat and seaweeds even dump small waves in the sea. determines the efficiency of the whole complex; One of the main parameters with an effect on the operation of the 3-section anger is to – the ratio of the raised algae in still water is close to 1. Most of the algae after having been determine the critical angles of sliding the algae from different materials. The critical angle of raised from the depth is floating. The time to rennet the seaweeds on the water surface depends sliding is calculated from the direction vector of movement of the smooth metal wire, nylon and greatly on the stage of their growth. For the early stages of growth it is up to 5-7 sec. At the cotton threads [11]. As experimentally determined, for the smooth metal and plastic surface later stages they are sinking practically at once. [11]. those angles are 140 degrees, for the other materials – over 150 degrees. The critical angles of Some test result must be confirmed during the further test in 2015. sliding depend greatly on even slightly rough surfaces. So, with the slight rust on the metal the algae practically do not slide from them up to 180 degrees, they had to be shaken off. References in English: At that stage of the tests the aquarium air pulverizes with the flow rate of 11l/min per each 1. Argument`s and fakt`s South “03.08.2011// War of sea algae” water of the depth were used. Also were used automobile batteries, automotive engines and 2. Y.B.Bazarov, D.E.Meshkov, E.E.Meshkov, V.S.Sivolgin “The Study of the Air Bubble Rise in an Aquarium” (Russian Nuclear Center – The Research Institute of physics, The Sarov Physical- compressors (with the capacity up to 35l/min and maximum pressure up to 11 bar), tubular. Technical Institute, Sarov. Aluminum and steel structures, plastic and wooden elements, an engine and gearbox from Oka 3. A.V.Byalko “The Laminar Chains of Bubbles – Logarithmically Accurate Solution”. 2011. The tiller. Russian Academy of Science Reposts, 2011. Vol. 436 №6/ The algae collection process should not be carried out at an early stage of the seaweed 4. S.Domblides, S.Tsyganov “Fish Breeding and Fishing” 1981/3 Airlift. growth, as while the seaweeds are growing they extract microelements thug purifying the sea 5. E.G. Ivanov. “Multifunctional Equipment for cleaning the Household Reservoirs” The Mining informational and analytical Bulletin (scientific and technical journal) 2006 Vol. 7 №1 pp. water. But even at the beginning of the algae decay and decomposition, the air flow is not 157 – 171. capable to raise them to the surface (hydrophilic and hydrophobic properties are changing at 6. F.G. Ivanov. “Multifunctional Equipment for cleaning the Household Reservoirs” The Mining different stages of algae life-span). Informational and analytical Bulletin (scientific and technical journal) 2006 Vol. 8 №1 pp. 157 – 170.

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7. T. I. Kuziakina, O.V. Knurina. ”Participation of Microorganisms in Nitrogen Transformation in 15. Maloletko A.N., Kaurova O.V., Jumanova O.S. Problemy investicij vlijanija v gostinichnyj Antropogenions Reservoir” (Kultuchnoye Lake, Kamchatka) The Progress of Modern Natural biznes Kryma//Finansovaja analitika: problemy i reshenija. -2014. -№ 24. -S. 38-43. Science, 2007 №9 pp 93-94. 16. Golina S.I., Krjukova E.M. Jekologizacija jekonomiki -vazhnyj shag k povysheniju kachestva 8. M.A. Ageev. “Experimental Studies of Air Bubbles Motion through the Pulp Fibres”. The zhizni naselenija//Servis v Rossii i za rubezhom. -2014. -№ 1 (48). -S. 174-182. Foresting Journal. 2007 №2. 9. D.E. Meshkov, E.E. Meshkov, V.S. Sivolgin. “The Study of the Rising Air Bubble Volume REFERENCE TO ARTICLE Influence on the Nature of River – Flow”. The Sarov Physical and Technical Institute Bulletin. Pinskaja, M. V. & Sheglov, A. N. (2015) A сomprehensive мethod of reservoir water cleaning № 8. 2005. (the open bay of Anapa resort) (experimental results for planning non-traditional devices of 10. S. Mumin. “What shall We Do with Bloom of the Sea?” “Anapa” Newspaper № 56, 19.07.2011. reservoir water cleanly), Contemporary Problems of Social Work,Vol. 1. No. 1. 2015. P. 112-119. 11. The Report of RSSU, The Anapa Branch. The Innovational Research Project ”Effective Method DOI: 10.17922/2412-5466-2015-1-1-112-119. of Comprehension cleaning of a Reservoir” 2012. 12. V.Sologub “The RSSU, Anapa Branch Received International Acclaim”. “Anapa” newspaper № 111, 17.12.2009. 13. A.N. Sheglov. “Will there, be a Resort Tomorrow”, “Chernomorka” Newspaper № 73, 15.09.2011. 14. A.N. Sheglov, L.G. Murashova, M.V. Pinskaya, S.A. Ruban, A.V. Abesadze, D.V. Lyakh. “The Prospects of Selection cleaning of the Anapa Bay”, “Knowledge of the young Generation of Researchers – to the Modern Russia’s Economy”: the 7th students’ Scientific Conference (April 7, 2011, Anapa). The conference papers.- pp.163 – 165. 15. Maloletko A.N., Kaurova O.V.,Jumanova O.S. Problems influence investment in the hotel business of the Crimea//Financial Analytics: problems and solutions. -2014. -№ 24. -pp. 38- 43 16. Golina S.I., Krukva E.M. Greening of the economy-an important step towards improving the quality of life of the population//the Service in Russia and abroad.. -2014. -№ 1 (48). -pp. 174-182

References in Roman script: 1. «Argumenty i fakty JuG» ot 03.08.2011g. // «Vojna Morskoj zelenke» 2. Bazarov Ju.B., Meshkov D.E., Meshkov E.E., Sivolgin V.S.. Issledovanie pod#ema puzyrja vozduha v kanale vody kvadratnogo sechenija. RF JaC – VNIIJeF SarFTI. G. Sarov. 3. Bjalko A.V.. Laminarnye cepochki puzyr’kov: logarifmicheski tochnoe reshenie. 2011g. Doklady AN 2011g. Tom 436. № 6. 4. Domblides S., Cyganov S. Zh. Rybovodstvo i rybolovstvo. 1981/3. Jerlift. 5. Ivanov E.G. Mnogofunkcional’noe rabochee oborudovanie dlja ochistki hozjajstvennyh vodoemov //Gornyj informacionno–analiticheskij bjulleten’ (nauchno–tehnicheskij zhurnal) Mining informational and analytical bulletin (scientific and technical journal). 2006. T. 7. № 1. S. 157–171. 6. Ivanov I.G. Mnogofunkcional’noe rabochee oborudovanie dlja ochistki hozjajstvennyh vodoemov //Gornyj informacionno–analiticheskij bjulleten’ (nauchno–tehnicheskij zhurnal) Mining informational and analytical bulletin (scientific and technical journal). 2006. T. 8. № 1. S. 157–170. 7. Kuzjakina T.I., Hurina O.V. Uchastie mikroorganizmov v prevrashhenijah soedinenij azota v antropogennom vodoeme (oz. Kultuchnoe, Kamchatka) //Uspehi sovremennogo estestvoznanija. 2007. № 9. S. 93–94. 8. M.A.Ageev. Jeksperimental’nye issledovanija dvizhenija puzyr’kov vozduha cherez set’ volokon makulatury. IVUZ. Lesnoj zhurnal. 2007g. № 2 9. Meshkov D.E., Meshkov E.E., Sivolgin V.S.. Issledovanie vlijanija ob#ema vsplyvajushhego puzyrja na harakter techenija. Vestnik Sarovskogo FizTeha. № 8 2005g. 10. Mumin S. «Chto delat’ s cvetushhim morem» //Nezavisimaja gazeta goroda–kurorta «Anapa» № 56 ot 19.07.2011g. 11. Otchet Filiala RGSU v g. Anape. Innovacionnyj nauchno–issledovatel’skij proekt «Jeffektivnyj sposob kompleksnoj ochistki vodoema». 2012 g. 12. Sologub V. «Proekty AF RGSU poluchili mezhdunarodnoe prizvanie» //Nezavisimaja gazeta goroda–kurorta «Anapa» № 111 ot 17.12.2009g. 13. Shheglov A.N. «A nastupit li kurortnoe zavtra» //Gazeta «Chernomorka» № 73 ot 15.09.2011g. 14. Shheglov A.N., Murashova L.G., Pinskaja M.V., Ruban S.A. Abesadze A.V. Ljah D.V. «Perspektivy izbiratel’noj ochistki otkrytogo zaliva MO gorod–kurort Anapa» //Znanija novoj generacii issledovatelej – jekonomiki sovremennoj Rossii: materialy sed’moj studencheskoj mezhvuzovskoj nauchno–prakticheskoj konferencii (7 aprelja 2011 goda, gorod – kurort Anapa). – Anapa: AF JuIM, 2011. – 198 s. (163–165)

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purchase and sale, they mention everything that is connected with system of social partnership and protection, education, vocational training and retraining of personnel, with management of employment at enterprises, at regional and federal levels [25, P. 5]. Podgornaya A.V. The analysis of the existing researches of labor market allowed to reveal two main directions Lecturer, Department of Public administration and constitutional law of studying of labor market: social and economic and spatial (economical and geographical). Russian State Social University, branch in Kursk. The first – the social and economic direction has social and economic and political character, E-mail: [email protected] УДК 331.5 thus labor market is considered as a system of social and the economic relations. DOI 10.17922/2412-5466-2015-1-1-120-127 Within the second – the spatial direction labor market is considered as geographical space on which there is interaction between the worker and employer, and the market itself is considered derivative from interaction of natural, labor, social and economic capacity of the territory. In figure 1 the main conceptual approaches to the analysis of functioning of modern labor The systematization of economic and geographical market from positions of economy and economic geography are presented. approaches to research of regional labour market Systemic and System structural approach approach Receiving date: Preprint date: Taking to print date: 13.03.2015 27.03.2015 30.03.2015 Economic and Geographical Marketing geographical Annotation: Two main directions of research of labor market from a position of economic geography are approach approach allocated: the social and economic direction and economic and geographic (spatial) direction in which the (spatial) direction main concepts and theories are systematized and characterized. The article analyzes the research of Russian specialists in the field of economic geography, studying various aspects of formation and functioning of the labor market. Based on the analysis of these works it is concluded that now labor market is investigated rather actively, however regional differences in it on the scale of adjacent regions didn’t receive due study. Novelty of research consists in development of the flowchart reflecting systematization of social and economic and Labor market research economical and geographical approaches to studying of labor market. Results of the review can be used in the educational process in the study disciplines “Geography” and “Management”. Key words: local and regional labor market, directions of researches, socio-economic direction, economic- geographic (spatial) direction, conceptual approaches, theories. Social and The labor market is the subject of research in the economic theory, demography, economics economic direction and sociology of labor, regional economy, social and economic statistics and other branches of social sciences. At the same time the characteristics of the labor market as geosystem depends Institutional approach Neoclassical from natural and resource potential and the geographical location of a particular region, as well approach as from the prevailing at the time of the study territorial organization of the population and the Keynesian economy. This fact calls for necessity of the use of specific techniques applied in geographical concept science. One of the main tasks of modern social and economic geography is the study of people’s work Figure 1 – Main conceptual approaches to research of labor market defining the territorial organization of production and dispersal of the population, as well as the features of the formation of labor demand and labor supply in the labor market at various Within the social and economic direction it is possible to allocate three main conceptual levels (local, regional and international). approaches to the analysis of functioning of modern labor market: neoclassical, Keynesian and Implementation of the act purchase and sale in labor market requires the following institutional, based on the concept of post-industrial society. conditions: the existence of two parties interested in the exchange of labor; existence the Neoclassics (P. Samuelson. M. Feldstein, R. Hall) and supporters of the concept of economy goods with use-value for the partner; the opportunity to accept the offer or reject it and the of the offer (D. Gilder, A. Laffer, etc.) adhere to neoclassical approach. They claim that the existence of a relationship of trust between the partners [23, P. 6 – 7]. main regulator of labor market is the labor price, and investments in training and professional In labor market the object of purchase and sale is not a hired worker, but his working hours; in development bring in the income like investments in the new equipment. According to this connection, individual solutions of workers are of great importance: to work more or to rest the marginal concept the man invests in the qualification until the rate of return on these more, which determines the volume of work offer. N. M. Rozanova notes that each individual – investments goes down. From the neoclassical concept it follows that the labor price flexibly the potential carrier of labor – has possibility of choice between free time which is the benefit reacts to requirements of the market therefore unemployment is simply impossible. However for him, and operating time which represents the anti-benefit. Therefore tension of work has to this approach isn’t confirmed by real practice of functioning of labor market since change be compensated by a salary [18, P. 726]. The relations in labor market aren’t limited to the act of in wages in accordance with fluctuations in supply and demand isn’t always observed, and unemployment as the phenomenon continues to exist.

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Supporters of Keynesian approach (Keynesians and monetarists) consider labor market as the work which is formed in the large companies along with external and is caused by specifics the phenomenon of constant and fundamental disbalance. The Keynesian model (J. M. Keynes, of working conditions in particular production, informal communication, traditions and norms later R. Gordon) proceeds from “the unconditional fact” that the salary is rigidly fixed and accepted in collective. Lidbiter, Granovetter, Atkinson put forward the theory of dual labor practically doesn’t change; therefore, it can’t be the regulator of the market. The part of such market the primary which is characterized by stable employment, high qualification of workers, regulator is assigned to the state which, changing cumulative demand, can liquidate the arising opportunities to advance in career ladder, the high level of a salary, use of high technologies, disbalance. Keynesians recognize objectivity of existence of the compelled unemployment at existence of effective labor unions, and the secondary, having opposite tendencies. which the economy can be in an equilibrium state even in a situation of part-time employment. Recently in the developed industrial countries the concept of flexible labor market (R. According to this approach the psychological factors influencing behavior of people are the Buaye, G. Stending) based on its dereglamentation and transition to the individualized and basis of employment formation. Representatives of school of monetarists (M. Fridmen) also non-standard forms of employment appeared and is implemented in practice. At the same proceed from rigid structure of the prices of labor and a constant tendency to their increase. time labor market is guided by the accounting for features of labor behavior of separate social They enter the concept of “natural rate of unemployment “, and for an equilibration of the groups of workers (women, pensioners, youth). In this concept numerical flexibility (ability market suggest using the monetary policy tools stimulating business activity of the population of employers to reduce the number of workers according to changes in production volumes), and increasing employment in the country. functional flexibility (movement of the worker from one workplace to another or combination of On a joint of neoclassical and Keynesian approaches there was a contract theory of professions), and also flexibility of working time (opportunity to regulate the mode and period employment (M. Bailey, D. Gordon, K. Azardiadis) based on the principles of stability of of operation depending on needs of production) are distinguished [25, Р. 29]. employment and rigidity of the salary which is practically independent from recession or rise Some researchers point out that hiring of labor force will take place only if the worker is suitable of production. According to this theory businessmen and workers enter among themselves the for requirements of the employer for this workplace, and the provided workplace – to interests of long-term contractual relations, sign the “implicit” labor contract reflecting their economic the worker. In this regard Pavlenkov V.A. draws a conclusion that labor market is unity of the interests and minimizing risk of financial, production and labor losses [9, Р. 435-436]. market of work force and the market of workplaces [15, Р.12]. At the same time PhD in Economics Institutional approach to studying of regional labor market is based on the concept of post- A.A. Orlova in the study of the conceptual foundations of the formation of the national labor industrial society and has two features. The first consists in division of labor market into separate market model makes conclusion about the transition to the national Russian labor market model. groups, proceeding from distinctions in needs of workers, their characteristics or behavior. The She also notes the relationship of the labor market with the market goods [14]. second feature consists in close attention to the analysis of the role of institutes increasing Specific features inherent to labor market don’t allow correlating it to the markets of other the efficiency of this market. D. Bell formulated the main signs of post-industrial society and resources completely. So, it is rather difficult to estimate the potential, motivation, commitment connected them with essential changes in labor market and formation of a new role of the hired and labor productivity of alleged workers before their real employment. In this regard recently worker. J. G. Gelbreyt pointed to the huge role of the labor unions acting as the counterbalancing there has been popular a concept of the reaching individual calling into question the simplified force in labor market. P. Druker developed the concept of increase of efficiency of functioning market and price approach to the person and pointing to social and psychological factors, which of economy thanks to active participation in production of “information workers” – educated influence him. and comprehensively developed persons [5, 22]. Most of economists and sociologists recognize In recent years there was a concept of the human capital which is based on the theory existence of the state market mechanism allowing to provide this or that degree of balance of of “investments into the person” (M. Blaug, S. Bouls, B. Veysbrod, R. Campbell, F. Makhlup, B. interests of workers, employers and state bodies [11, Р.139]. Sidzhel, etc.) and theories of “production of the human capital” (I. Ben -Poret, Zvi Griliches, J. In our opinion, it is possible to agree with the definition of labor market presented in the Mintser, R. Pelmen, Nobel Prize laureates G. Becker and T. Shults). According to this concept work of Yu. I. Bogomolova who considers that «in a widesense of word labor market acts as differentiation of compensation is caused by various investments into the human capital. In a system of the reproduction relations and institutes of a market-oriented economy covering the broad definition under the Human Capital economists and geographers understand “the technical and technological, coordination and administrative, social and economic relations intensive productive factor of development of economy, society and a family including educated between its subjects» [1]. part of labor resources, knowledge, tools of intellectual and administrative work, habitat and The economist of the present M. Kastels develops the concept of network society and division work providing effective and rational functioning of the human capital as a productive factor of the entire globe into those who have the Internet and those who don’t have the Internet. The of development” [4]. In our opinion, now for Russia concepts of the human capital and flexible Internet influences functioning of labor market as it gives the opportunity to the unemployed labor market are foreground. to find vacant places and apply for jobs, carry out intellectual activity and to work at home that Within the second – the spatial direction of research of labor market it is possible to allocate is especially convenient for physically disabled people and also for those who have dependents. four approaches: system, system and structural, geographical and marketing. According to E. Toffler in modern society the knowledge becomes an important factor Most often in economical and geographical researches of labor market the system approach of production, and changes in the sphere of work lead to emergence of individual personal based on the general theory of systems is applied. Among the most important concepts of approach to highly skilled employees. The role of small business grows in such environment systems theories are: integrity, structure, self-regulation and sustainability. The system and there is a need for study and introduction of the new more flexible forms of government campaign allows looking in a new way at object as on the whole, quantitatively to characterize considering identity and value of each worker [21]. it and to create its graphic model. This approach began penetrate into geographical researches Within institutional approach there was a concept of the segmented labor market (Daplon, in 60-70 of the XX century in the works of A.D. Armand, V. S. Preobrazhensky, A.Yu. Reteyum, P. Drenger, M. Payor, D. Gordon and B’day). For example, J. Daplon developed the cluster theory Yu.G. Puzachenko, A.G. Isachenko, Yu.G. Saushkin, V. N. Solntsev. The system approach is of workplaces. He claimed that there are clusters uniting uniform workplaces in which there is applicable to a wide range of geographic problems in statics (analysis forming the system a certain level of a salary. P. Drenger and M. Payor offered the theory of the domestic market of elements. their relationships and structure) and in dynamics (forecasting changes). System

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analysis in economic geography is used for complex study of the structure of the economy and research of consumers of labor force the main attention is paid to motives of their behavior domestic relationships and complemented by research of their interaction [8, Р . 29 – 30]. at the choice of potential employees that determines volumes of demand and depends on the According V. S. Bulanov’s definition, labor market is “the dynamic system including a complex type of economic activity, its scale, level of security with labor, its quantitative and qualitative of social labor relations concerning terms of employment, use and exchange of labor for vital characteristics, and also indicators of the movement of the personnel. In the study of the labor means and the mechanism of its self-realization, the mechanism of supply and demand” [11]. market indicators of jobs are analyzed, their qualitative characteristics, as well as trends of Nikiforova A.A. considers that labor market as the system of the social relations reflects change, determined by the phase of the economic cycle (the emergence of workplaces in the degree of development and balance between interests of forces participating in labor market phase of ascent and reduction – in the decay phase). Marketing approach in geography of the (businessmen, workers and the state) at the moment time [13, Р. 10]. population carries out researches of segmentation of labor market according demographic and According to B.A. Raizberg, the labor market has strong specific national features, as the occupation characteristics. When carrying out segmentation of labor markets in economic volume and structure of supply and demand are influenced by the level of investment activity, geography on the basis of use of statistical data on a large number of territorial subjects the value of the labor income of the population, tradition and national features of behavior of of the Russian Federation the individual and generalizing indicators of a condition of labor the worker and employer [2, Р. 131]. market are applied. It allows to reveal regions with excess and shortage of labor. So, Candidate Doctor of Geographical Sciences Y. Porosenkov and Candidate of Geographical Sciences of Geographical Sciences I.A. Gluhih carries out the territorial analysis of formation and O. Sushkova offer in geographic labor market research to investigate the “regional territorial development of women’s labor market in the Republic of Bashkortostan taking into account system of the labor market” (RTSLM) and its territorial organization, which must be based regional peculiarities of formation, offers the female workforce and demand for territorial on systematic and structural approach [10, с. 10]. They consider methodological problems differentiation of the labor market at the meso- and micro levels [7]. Carrying out market of geographical research of labor market of the region and suggest to conduct geographical researches of regional labor market assumes existence of the following stages: studying the researches in the different economic regions of the country. Yu.V. Porosenkov claims that as behavior of workers in the labor market; research of behavior of employers; of dynamics of a subject of regional geographical researches is the territorial organization of labor markets investments into the human capital; of marketing communications, and including advertizing of different hierarchical level which is understood as a combination of territorial structures of and self-promotion; studying of indicators of compensation and activity of intermediaries in supply and demand of labor. Thus formation of labor markets of various hierarchical levels is labor market (recruitment agencies and institutions of the State Employment Service). caused by discrepancy of territorial structures of production, moving, training and management. In recent years, it becomes topical to study the structure of labor resources and various factors As part of a unified national labor market, regional and local markets are allocated. In general, affecting the formation and functioning of the labor market. So, Candidate of Geographical systemic and structural approach allows us to investigate in labor markets both sectoral and Sciences Puhova A.G. is conducting a study of geographical aspects of the formation of the territorial elements [16, Р. 45]. labor market in Nizhny Novgorod region in new economic conditions. She carries out factor The founder of the Soviet district school in economic geography N. N. Baransky claimed that geographical analysis of the formation of the labor market in the region, exploring the influence “different areas have different characteristics”, that conditions of construction of the enterprises of economical and geographical location, social and economic factors and migration, as well as and their functioning “in places unpopulated and densely populated areas differ sharply”. It features of the reproduction of the population and the quality of its labor potential [17]. proves the influence of geographical aspect on formation of market of workplaces. He considers Candidate of Economics Sciences Mamilova of A.M. at research of state regulation of regional branches in the complex existing in the countries and regions, and the territory – as complexes labor market in the Republic of Ingushetia in 2001 suggested to carry out the analysis of of branches for given natural conditions and resources. While conducting regional studies regional labor market on the basis of a method of the ranging allowing to assess the situation in of the labor market it is necessary to resort to the geographic approach that combines two labor market and to determine the degree of influence on it the level of demographic and social requirements in the analysis of any territory – accounting the space and complexity. Therefore, and economic development [12]. Later in 2005 Candidate of Geographical Sciences Firstova O.A. in economic geography in the study of the labor market the “point” approach to its study and in her dissertation research has improved this technique and redesigned indicators of the labor the description of economy by integrated indicators and models without spatial distinctions market in according to the specific region (Omsk region) [3]. should be abandoned. At geographical approach usual practice of use of the general standards Thus, having studied conceptual bases and the existing researches of labor market, it is and the practicing for all country is inadmissible as in formation of labor market of a certain necessary to establish the fact of that formation and functioning of regional labor markets region play a role a set of social, natural, ethnic and economic factors are important [6]. is investigated rather actively now that is explained by continuous improvement of structure According to E.B. Alayev, the geographical method means the “Triune” approach, which requires and mechanisms of labor market, its fast development, practical need for the regional analysis. compliance with territoriality, complexity and specificity. Its application is impossible without However from the point of view of economic geography didn’t receive due study territorial simultaneous use of a cartographical method. [20]. Now “triune” approach is supplemented distinctions of labor markets on the scale of adjacent regions. We consider that studying of with two more qualities: integrality( in the geographical knowledge biological, social, economic, a current state and prospects of development of regional labor markets as territorial social and political, etc. knowledge are joined) and globality (correlation local, regional, national, continental, economic systems has to rely on deep theoretical ideas about features of behavior of subjects zone, etc. private problems is joined to their world “background”). The necessity of inclusion of the market relations, bodies of state regulation of the social and labor sphere and to be based of the principle of globality in a geographical method of research is caused by the fact that all on application of methodology of interdisciplinary researches. modern global problems originally appear not on global, and at the local or regional levels. Within marketing approach in economic geography to collect and analyze data on the References in English: characteristics of supply and demand in regional labor markets are collected and analyzed; 1. Bogomolova Yu.I. Segmentation of modern labor market: theoretical and methodological labor market segmentation; segmentation of labor market; elaboration of the marketing approach [An electronic resource] – URL: http://teoria-practica.ru/rus/files/arhiv_ zhurnala/2012/8/ekonomika/bogomolova.pdf strategies used for regulation of personnel policy at all levels of management [19, Р.12]. At

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Zolin. – N. Novgorod.- 2003.-166 p. as a status characteristic of Russian university teachers//International Education Studies. 26. Ilina I.Yu., Kryukova E.M., Zotova A.I., Chardymskiy M.G., Skudareva N.Z. Scientific degrees 2015. T. 8. № 5. S. 165-172. as a status characteristic of Russian university teachers//International Education Studies. 27. Krjukova E.M., Makeeva D.R. Rol’ jekspertov v ocenke i sertifikacii kvalifikacij personala sfery 2015. Т. 8. № 5. pp. 165-172. servisa.//Vestnik Associacii VUZov turizma i servisa. -2013. -№ 1. -S. 9-14. 27. Krukova E.M., Makeeva D.RThe role of experts in the assessment and certification of 28. Krjukova E.M., Makeeva D.R. Sertifikacija personala kak instrument povyshenija kachestva qualifications of personnel in the sphere of service.//Bulletin of the Association of uslug kompanij sfery servisa.//Nacional’nye interesy: prioritety i bezopasnost’. 2012. № 14. Universities of tourism and service. -2013. -№ 1. -pp. 9-14. S. 29-34 28. Krukova E.M., Makeeva D.R. Personnel certification as a tool to improve the quality of services of the companies of sphere of service.//National interests: priorities and safety.. 2012. № 14. REFERENCE TO ARTICLE pp. 29-34 Podgornaya, A.V. (2015) The systematization of economic and geographical approaches to research of regional labour market, Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 120-127. DOI: 10.17922/2412-5466-2015-1-1-120-127.

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a perception of a trade-off between changing the L2 speaker’s pronunciation and preserving identity. Golombek & Rehn Jordan (2005), for instance, have argued that ‘a decentering of the primacy of intelligibility as a skill is necessary if preservice teachers are to make informed Povetkin S.A. decisions about how best to establish their credibility as speakers and teachers of English’ (p. Postgraduate student, Department of of social and educational Informatics, 529). An example of an especially extreme statement coming from the identity perspective is Russian State Social University, Moscow. found in Porter & Garvin (1989: 8): ‘[t]o seek to change someone’s pronunciation – whether of E-mail: [email protected] УДК 372.881.1 the L1 or of an L2 – is to tamper with their self-image and is thus unethical – morally wrong.’ DOI 10.17922/2412-5466-2015-1-1-128-134 If that’s the case, then put us on the side of the devil. Would it really be morally wrong to help Noseda change his pronunciation of the word fact? Or if we drew that error to his attention, would he be appreciative or would he be morally offended? [2] Now we’ll describe some utterances taken from interviews with L2 engineers in the workplace Social aspects of accent: benefits and costs in Canada. We found these utterances quite difficult to understand the first time we listened to them. In the sentences in question, one speaker produced a segmental error. Another of speaking with an accent made a stress error, and the third speaker was monotone and lacked vocal projection. These are all pretty straightforward problems – there is nothingmysterious about how to help them, and there are no medical issues here. These engineers have found that some aspects of their Receiving date: Preprint date: Taking to print date: pronunciation are a liability, and they have expressly asked for help. We therefore don’t think it 13.03.2015 27.03.2015 30.03.2015 is immoral or threatening to their identities to assist them to become more intelligible. We have Annotation: In many English language classrooms, teaching pronunciation is granted the least attention. no expectation that pronunciation students will fully adopt Canadian English patterns – there When ESL teachers defend the poor pronunciation skills of their students, their arguments could either be is no need to erase their accents. We simply want them to achieve successful communication described as a cop-out with respect to their inability to teach their students proper pronunciation or they both at work and in their everyday lives – exactly what THEY want and why they have sought could be regarded as taking a stand against linguistic influence. If we learn a second language in childhood, help. [20] we learn to speak it fluently and without a ‘foreign accent’; if we learn in adulthood, it is very unlikely that The Golombek & Rehn Jordan (2005) study of two EFL speakers that we mentioned above we will attain a native accent. In this study, the researchers first review misconceptions about pronunciation, factors affecting the learning of pronunciation. Then, the needs of learners and suggestions for teaching stands in sharp contrast to the findings in other work. Several studies actually contradict the pronunciation will be reviewed. Pronunciation has a positive effect on learning a second language and view that identity preservation and pronunciation learning are incompatible. For instance, learners can gain the skills they need for effective communication in English. in a large study of 400 EFL students, Timmis (2002) found that 67% aspired to native-like Key words: pronunciation without accent, learning English, teaching English without accent. pronunciation. In a Canadian study of 100 adult ESL learners (Derwing 2003), 97% strongly agreed that it is important to pronounce English well, and 95% said that they wanted to The social ramifications of accent constitute a huge area of study, and we will only touch on sound like a native speaker. In these days of learner-centred curricula, it seems ironic that some of the important sub-areas. some authorities advocate the opposite of what the students want. If someone wishes to Several researchers have noted that having an accent can be beneficial to L2 speakers. First, it retain his or her identity through accent, that is a personal choice. But denying students help can signal to language learners’ interlocutors that they may need modified input or, as it used to with intelligibility on the basis of protecting their identity seems not only misguided but be called, FOREIGNER TALK. Second, some accents, particularly European accents, are associated paternalistic. Identity and intelligibility are both obviously important, but when it comes to with sophistication, to such an extent that some individuals have intentionally adopted foreign sacrificing intelligibility FOR identity, there is no reason to believe that many learners will make speech patterns. A good example of this is Leopold Stokowski, the famous conductor. He was that choice. Surely, if one is intelligible and comprehensible, one’s expression of identity will born and raised in London, England, and spent his whole life between the UK and the US, yet in come through more clearly. When the 100 ESL learners in Canada were asked if they felt their radio interviews he often spoke with what people described as a vaguely Eastern European accent. identity would be threatened if they were able to speak English with a native-like accent, their Maurice Chevalier was allegedly required to exaggerate his French accent as part of his contractual response was overwhelmingly negative – because they had full use of their own L1. They saw agreements with his movie studio, because people found his accent ‘charming.’ [1] their L1 as the clearest expression of their identity. Their preference was to be fully competent Despite these benefits, accents can also entail social costs. Loss of intelligibility is the speakers of both their own language and English. [15] most obvious of these. Not being understood, despite good control over the grammar and In our view, the discussion of identity in some of the pronunciation literature is over- vocabulary of an L2, can be frustrating or embarrassing for both the speaker and the speaker’s simplistic. First, it ignores learners’ responses to questions like these. Second, it doesn’t interlocutors. Take, for example, the case of another famous conductor. Gianandrea Noseda, in recognize the differing effects of context on people’s understanding of the role of pronunciation an address to an audience before a concert, produced (with emphasis) a problematic vowel in in identity. Third, it ignores the possibility that people can have multiple identities. Fourth, the word fact, such that the word rhymed with ducked. The vowel error was extremely salient, it does not acknowledge that there are both volitional and non-volitional aspects of accent and the audience could be heard tittering in the background. This is an example of a vowel (we’ll come back to this point shortly). There is good work on identity issues outside the field substitution error that has a particularly negative consequence and is a good candidate for of pronunciation, and we’d like to see a more careful consideration of the subtle problems of pronunciation instruction. understanding identity. In our view some of the best work on identity and pronunciation has Given the importance of intelligibility to successful communication, we find it disconcerting been done by our colleagues Gatbonton, Trofimovich & Magid (2005), who examined perceptions to see some people actually claiming that intelligibility is NOT important. There appears to be of ethnic loyalty, and by Piller (2002). In an investigation of high proficiency L2 speakers she

128 129 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 found many who professed to pass as native speakers in brief encounters. This led her to argue in that they are getting jobs in their original occupations. However, when immigrants are hired that NATIVE SPEAKER ‘is no longer an identity category, and rather than being something that into engineering companies, for example, there is often a need for instruction in the areas of someone is, it becomes something that someone does’ (p. 201). [9] cross-cultural awareness and pragmatics for both Canadian-born and L2 newcomers. The extent to which a speaker can use accent to express identity is constrained by the We will conclude with some suggestions for future directions in the areas of L2 speech degree to which accent features are volitional. Some aspects of accent are simply outside research, L2 pedagogy and L2 social aspects of accent.We see many possibilities for research the speaker’s control. This depends on many factors: age of learning, how close the L1’s on accent issues to support L2 learners. First, we need more investigations of L2 phonological phonological inventory is to that of the L2, the availability of suitable models and sufficient development, both naturalistic and instructed, acrossmultiple languages. This will necessitate input, and probably a number of other variables, including aptitude. More than any other aspect longitudinal studies that trace development over time (e.g. Derwing, Munro & Thomson 2008). of language, there is a motor component to pronunciation, which limits the ability to change Some aspects of L2 phonology may not need to be taught if they tend to develop naturally, one’s speech patterns. [5]It is wrong to interpret accent as an intentional expression of identity whereas others may require intervention. More classroom studies are also needed. The reason if the speaker has no control over these non-volitional features. Of course, there are volitional there are so few of them is that they are so hard to carry out, but closer collaboration among features of accent that any speaker can choose to modify – or not. If we enhance intelligibility teachers and researchers would help to bring this about. We also need more studies investigating and comprehensibility by working with volitional aspects, we increase rather than reduce the the relative importance of various accent features to intelligibility, some along the lines of L2 speaker’s choices for self-expression. Hahn’s (2004) study showing the effect of sentence stress, and more studies of functional load. We do not want to minimize another important aspect of accent – the fact that many We also need far more work in languages other than English. L2 speakers experience discrimination in reaction to their accented speech. Lippi-Green (1997) As for pedagogy, preliminary studies of pronunciation teaching have given us a starting point, pointed out the strong association of accent with race. She also suggested that the media but there is room for more research to identify effective teaching approaches. Technology offers perpetuate stereotypes through accent. Munro (2003) documented three types of accent a great deal of promise, provided that technological applications are guided by pedagogical discrimination. First there is stereotyping, often through shibboleths. Someone who is biased specialists who understand appropriate goals and priorities in teaching pronunciation. There against Iraqis, for instance, may recognize a Middle Eastern accent on the phone and deny the certainly is a place for more teacher training. In our own country, Canada, very few programs speaker a service or employment, solely on the basis of an assumption that the individual is offer courses in how to teach pronunciation, but without preparation, many language instructors from Iraq. The second type is harassment – for example, a coworker may mock an L2 accent. The will neglect this aspect of language learning. [9] third type of discrimination occurs when a prospective employee is told that his or her accent is In the area of social aspects of accent,we need more careful investigations of the relationship unacceptable for a particular job, even when the speaker is fully intelligible or the job does not between identity and accent, rejecting the idea that pronunciation instruction and identity require language skills. [17] We stress that accents do not cause discrimination – the fault is preservation are mutually exclusive. We also need far more research from the perspective of with intolerant, often monolingual interlocutors. Some listeners will fail to understand even the listeners, both native and L2 users. This is emerging as an important workplace issue in an clearest L2 speaker, simply because they have made up their minds that they can’t understand increasingly diverse world. In this talk we have focused on ESL settings, but there is a growing accented speech. body of work in English as an international language (EIL) settings as well. Many social issues The responsibility for successful communication should be shared across interlocutors. such as the costs and benefits of an accent, discrimination and listener responsibility need to Although we advocate pronunciation training for intelligibility, we don’t mean to suggest that be examined across a variety of language learning contexts. A growing area of concern is the the L2 speaker is at fault every time there is a communication breakdown. Empirical evidence practice of assessing asylum seekers’ country of origin on the basis of accent by self-professed indicates that familiarity with L2 speech improves comprehension (Gas & Varonis 1984). experts who have no linguistics background. This serious problem has been highlighted by Eades Moreover, listeners’ attitudes also have a role to play. Rubin’s (1992) study showed that if et al. (2003) in Australia. In some cases, accent is used to make crucial decisions, for example, listeners merely thought that a personmight be from a different language background, they deciding whether or not to send people back to their countries of origin to face certain death. understood less of what was said. Although sometimes prejudice based on race or ethnicity may Increasingly, accent is at issue in other legal and forensic applications as well. Finally, we see be involved, it is not fair to assume that everyone who is apprehensive about interacting with a real need to evaluate the interaction of pragmatic factors and accent. It is very clear that people from other language backgrounds is discriminatory. In fact, some people, because of accent is sometimes a scapegoat that masks a negative reaction towards unfamiliar pragmatic their limited experience interacting with L2 speakers, lack confidence in their own abilities to behaviour, or discrimination. [20] communicate, and therefore avoid situations where they need to talk with L2 speakers. These On the one hand, accent is important in that people use it to make social evaluations, and these individuals can be helped with familiarity instruction. We attempted to address this issue in evaluations clearly affect both listeners and speakers. Furthermore, in those instances where a training study in which social work students were exposed to Vietnamese-accented speech accent really does reduce intelligibility, it is worth addressing. On the other hand, we know that along with phonological explanations for Vietnamese accent (Derwing, Rossiter & Munro 2002). accent, comprehensibility, and intelligibility are partially independent constructs, and that simply The participants were more confident at the end of the study and much more willing to interact altering accent will not necessarily affect the other two. In fact, communication obstacles are with L2 speakers. Several cited real-life examples of positive experiences they’d had following often based on things other than accent, but because of its extreme salience, accent is given more the training. [8] weight than it deserves. Recognizing both sides of this very complex phenomenon is essential to We are now starting to see more interest in listener responsibilities in the workplace. Improving improving the lot of everyone who lives and interacts in linguistically diverse contexts. interactions is important in parts of the private sector where immigrant employees work in teams with native speakers of English. Many employers seek to implement training programs for their staff References in English: that emphasize enhancing communication for everyone in the company. [7]In parts of Canada, we 1. Breitkreutz, J., T. M. Derwing & M. J. Rossiter (2002). Pronunciation teaching practices in are currently experiencing severe labour shortages, which are a boon for immigrant professionals Canada. TESL Canada Journal 19, 51–61.

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Ren Iordanii (2005). Stav “ chernyh jagnjat’ ne ‘popugai’: v poststructuralist 16. Major, R. C. (2007). Identifying a foreign accent in an unfamiliar language. Studies in Second orientacija na razborchivost’ i identichnosti. Tesol Robin ezhekvartal’no 39, 513-533. Language Acquisition 29, 539–556. 13. Han, L. (2004). Pervichnyj stress i razborchivost’:issledovanie motivacii uchenija 17. Morley, J. (ed.) (1987). Current perspectives on pronunciation: Practices anchored in theory. suprasegmentals. Tesol Robin ezhekvartal’no 38, 201-223. Alexandria, VA: TESOL. 14. Hansen Jedvards, Dzh. g.&Zampini M. l. (red.) (2008). Fonologija i ovladenie vtorym jazykom. 18. Munro, M. J. (2003). A primer on accent discrimination in the Canadian context. TESL Canada Amsterdam: Dzhon Benjamins. Journal 20.2, 38–51. 15. Makdonal’d, S. (2002). Proiznoshenie vzgljady i praktiki neohotno uchitelej. Prospekt 17.3, 19. Munro, M. J. (2008). Foreign accent and speech intelligibility. In Hansen Edwards & Zampini 3-18. (eds.), 193–218. 16. Major, R. S. (2007). Udostoverjajushhij lichnost’ inostrannogo akcenta v neznakomom jazyke. 20. Munro, M. J.&T.M.Derwing (2001). Modelling perceptions of the comprehensibility and Issledovanija vo vtorom ovladenii jazykom 29, 539-556. accentedness of L2 speech: The role of speaking rate. Studies in Second Language Acquisition 17. Morli, Dzh. (red.) (1987). Sovremennye tochki zrenija na proiznoshenie: praktika zakreplena 23, 451–468. v teorii. Aleksandrija, Virdzhinija: tesol Robin. 21. Munro, M. J. & T.M. Derwing (2006). The functional load principle in ESL pronunciation 18. Munro, M. Ja. (2003). Gruntovki na akcent diskriminacii v kanadskom kontekste. Tesl Kanady instruction: An exploratory study. System 34, 520–531. zhurnal 20.2, 38-51. 22. Munro, M. J. & T. M. Derwing (2008). Segmental acquisition in adult ESL learners: A 19. Munro, M. Ju. (2008). Inostrannyj akcent i razborchivost’ rechi. V Hansen Jedvards & Zampini longitudinal study of vowel production. Language Learning 58, 479–502. (red.), 193-218. 23. Munro, M. J., T. M. Derwing & C. S. Burgess (2003). The detection of foreign accent in 20. Munro, M. Zh. I T. M. Derwing (2001). Modelirovanie predstavlenij o postizhimosti backwards speech. In M. J. Sol e, D. Recasens & J. Romero (eds.), Proceedings of the 15th i accentedness iz L2 rechi: rol’ skorost’ rechi. Issledovanija vo vtorom ovladenii jazykom 23, International Congress of Phonetic Sciences (ICPhS 15). Barcelona: Futurgraphic, 535–538. 451-468. 24. Murphy, J.M. (1997). Phonology courses offered by MATESOL programs in the US. TESOL 21. Munro, M. Zh. I T. M. Derwing (2006). Funkcional’noj nagruzki v principe esl proiznoshenija Quarterly 31, 741–761. instrukcija: predvaritel’noe issledovanie. Sistema 34, 520-531. 25. Pennington, M. C. (1996). Phonology in English language teaching. New York: Longman. 22. Munro, M. Zh. I T. M. Derwing (2008). Segmentarnyj priobretenie u vzroslyh ESL uchashhihsja: 26. Piller, I. (2002). Passing for a native speaker: Identity and success in second language longitjudnoe issledovanie glasnyh proizvodstva. Jazyk Obuchenija 58, 479-502. learning. Journal of Sociolinguistics 6, 179–206. 23. Munro, M. Ja., T. M. Derwing & S. S. Berdzhess (2003). Obnaruzhenie inostrannyj akcent 27. Riney, T. J. & J. E. Flege (1998). Changes over time in global foreign accent and liquid v rechi v obratnom napravlenii. V M. Zh. Sole, D. Recasens & Dzh. Romero (red.), Trudy 15- identifiability and accuracy. Studies in Second Language Acquisition 20, 213–243. ogo Mezhdunarodnogo Kongressa foneticheskih nauk (ICPhS 15). Barselona: Futurgraphic, 28. Timmis, I. (2002). Native-speaker norms and International English: A classroom view. ELT 535-538. Journal 56, 240–249. 24. Merfi, H. M. (1997). Fonologija kursy, predlagaemye shkoloj MATESOL programm v SShA. Tesol 29. Trofimovich, P. &W. Baker (2006). Learning second language suprasegmentals: Effect Robin ezhekvartal’no 31, 741-761. of L2 experience on prosody and fluency characteristics of L2 speech. Studies in Second 25. Pennington, M. K. (1996). Fonologija v prepodavanii anglijskogo jazyka. N’ju-Jork: Longman. Language Acquisition 28, 1–30.

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26. Piller, I. (2002). Dlja prohozhdenija nositelem jazyka: tozhdestvo i uspehov v izuchenie vtorogo jazyka. Zhurnal Sociolingvistiki 6, 179-206. 27. Rajni, T. Dzh. & Dzh. E. Flege (1998). Izmenenija s techeniem vremeni v global’nom inostrannym akcentom i zhidkosti identificiruemosti i tochnost’. Issledovanija vo vtorom ovladenii jazykom 20, 213-243. Reut D.A. 28. Timmis, I. (2002). Nositelem norm i Mezhdunarodnyj anglijskij: klass smotret’. JeLTA zhurnal Postgraduate student, Department of Constitutional and municipal law, 56, 240-249. Russian State Social University, Moscow. 29. Trofimovich, P. &U. Bejker (2006). Izuchenie vtorogo jazyka suprasegmentals: vlijanie L2 na E-mail: [email protected] opyt stihoslozhenija i beglost’ harakteristik L2 rechi. Issledovanija vo vtorom ovladenii УДК 342.8 jazykom 28, 1-30. DOI 10.17922/2412-5466-2015-1-1-135-145 30. Zelinskij, B. U. (2008). Slushatel’: bol’she ne molchalivyj partner v snizhennoj razborchivost’ju. Sistema 36, 69-84.

REFERENCE TO ARTICLE Information support of elections as Povetkin, S.A. (2015) Social aspects of accent: benefits and costs of speaking with an accent, Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 128-134. DOI: 10.17922/2412- guarantee of implementation of the active suffrage 5466-2015-1-1-128-134. of citizens of the Russian Federation

Receiving date: Preprint date: Taking to print date: 13.03.2015 30.03.2015 30.03.2015

Annotation: In legal science at present is not fully disclosed the essence of information support of elections as a guarantee of the exercise of active suffrage, guarantees the participation of citizens of the Russian Federation in elections as a form of direct exercise of democracy. The right to receive and disseminate information may not be absolute, unconditional value. Only at observance of certain statutory restrictions dictated by the constitutional principles of a democratic state, sovereignty and democracy, information will be the legal instrument providing such necessary features of the electoral process as the freedom and awareness of choice, equal rights to participate in elections and publicity, and, ultimately, the legitimacy of the elected government. Key words: elections, russian federation, Information support of elections

In jurisprudence the essence of information support of elections as guarantees of implementation of the active suffrage, a guarantee of participation of citizens of the Russian Federation in elections as one of forms of direct implementation of democracy is insufficiently fully opened now. The right and distribution of information can’t be absolute, nothing the caused value. Only at observance of the restrictions dictated by the constitutional principles of the democratic state, the sovereignty and democracy defined, set by the law, information will be the legal tool providing such necessary lines of electoral process as freedom and sensibleness of a choice, equality on participation in elections and publicity, and in a result and legitimacy of the elected power. Life of modern Russian society is inconceivable without elections. Elections are held annually. Elections are held on different systems: majority, proportional, mixed. Elections are held as in the uniform voting day (the second Sunday of September), and in any other day off if elections are held ahead of schedule1. Choose candidates of representative bodies of various level, mayors of the cities and governors. Elections in public authorities of 85 subjects of the Russian Federation and in local governments of municipalities which in Russia more than twenty two thousand are held2. Elections of federal public authorities are held not so often, but with much bigger scope and a resonance in all regions and in the country in general: the

1 Federal law dated 12.06.2002 N 67-FZ “On basic guarantees of electoral rights and the right to participate in referendum of citizens, article 10 // IPS ConsultantPlus. 2 The Rosstat. The distribution of municipal institutions by types of municipalities on January 1, 2014; http://www.gks.ru/ free_doc/new_site/bd_munst/1-adm_2014.xls. 134 135 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

closest elections of deputies of the State Duma of Federal Assembly of Russia will take place in In relation to electoral process in the Russian Federation also that norms of international December, 2016, an election of the president of the Russian Federation – in March, 2018. law allow introduction of restrictions of the above rights on political activity of foreigners is During election campaign, and sometimes in addition and till its beginning the most real important1. information squall, falls of data on the events connected with elections falls upon the heads The institute of free elections is carried by the constitution of the Russian Federation2 of voters. Both positive, and negative information on candidates or political parties (electoral to founded the constitutional system, free elections – one of forms of the highest direct associations) prevails, thus, in different forms. expression of the power of the multinational people of Russia as carrier of the sovereignty In such volume of data it is hard for professional journalists and experts to be guided even in assuming supremacy, independence and independence of the government, completeness of the field of public relations. As a result to choose from uncountable number of messages on air of legislative, executive and judicial authority of the state on its territories and independence in television and radio, a huge number of publications in newspapers and magazines, publications the international communication3. The constitutional rights carried to bases of legal status of on the Internet in general and on social networks in particular, to estimate colourful slogans the person and citizen on freedom of thought and the word, on receiving and distribution of and beautiful words on propaganda leaflets and banners and it is necessary to give on the basis information, the right to choose and be elected in public authorities and local governments are of such assessment the preferences to this or that participant of pre-election race to the main guaranteed4. person on elections – to the voter. The legal nature of the constitution as Basic law consists in its constituent character, in Meanwhile, technologies are done not stand still. Social networks develop, possibilities of special nature of its norms – as norms principles, norms definitions, in its quality as fundamental the Internet develop, the stable growth of constant users of a network is observed. So, from principles, primary character [6, p. 10, 67]. 2003 for 2014 the number of constant Internet users in Russia grew by 7,5 times1. Information Thus, proceeding from an essence of a subject of legal regulation, the constitution is published on the Internet receives wide public publicity, trust level to it grows, more than a half extremely laconic also further development of sense of the principles enshrined in it, including – of Russians and more than three quarters of users of a network speak about it2. by improvement of the legislative base having the constitution as the basis it is supposed. The There was a situation when the existing relations don’t keep within the operating legal constitution defines contents of the current legislation [12, p. 114]. Thus, constituent character framework. And this tendency only amplifies from elections to elections. In relation to mass of the basic law encourages lawmaking, but in certain borders of the principles proclaimed the media the legislator takes steps to the solution of this problem. So, the law provided such type constitution. The constitution establishes an order for legal system [12, p. 250]. of mass media as the network edition on which action of the Law of the Russian Federation In this regard scientists mark out the following regularity. Efficiency and durability of the “About mass media” extends3. But further it the legislator promoted. adopted law directly depends on abilities of the legislator to expect the future [17, p. 64], and Information plays the special, in many respects defining role the period of preparation and the standard and legal behavior is understood as behavior programmable [11, p. 19]. elections and applicable to these relations there is a set of questions in the context of the aforesaid. Today a situation such is that the regulations regulating such institute of a constitutional For the answer to these questions it is necessary to define first of all value and the purpose right as an electoral system are exposed to changes constantly, generally – annually after each of distribution and obtaining information in constitutional and legal aspect of elections as one federal election campaign or election campaigns of regional level. So, from the moment of of forms of the highest direct expression of the power of the people4. adoption of the Federal law “About the main guarantees of electoral rights and the rights for Basic rights on distribution and obtaining information and on participation in administration participation in a referendum of citizens of the Russian Federation”5 (further – the Federal law of the state by means of elections found reflection in acts of international law5. Their contents No. 67-FZ) changes were made to it 81 times. From them 11 times were exposed to editing of makes the right for freedom of thought, the right freely to adhere to the opinions, the right to norm, the regulating order of information support of elections and referenda. freedom of expression, the right freely to look for, receive and distribute various information in Bewilderment is caused also by change of the direction of legal regulation. So, article all possible forms; the right to take part in administration of state affairs through the elected 3 Federal the law from 20.12.2002g. No. 175-FZ (an edition of 25.07.2006) “About elections representatives, the right to choose and be elected. of deputies of the State Duma of Federal Assembly of Russia” provided election of deputies on For the considered subject important also fixing in acts of international law of the basic the mixed, proportional and majority system6. Article 3 of the Federal law of 18.05.2005 No. principles of elections: free elections, a general equal electoral right, freedom of will on 51-FZ (an edition of 02.04.2014, with amendment of 16.12.2014) “About elections of deputies elections, obligation and reasonable frequency of elections6. of the State Duma of Federal Assembly of Russia” established an order of election of deputies Thus follows from the considered acts of international law that use of the above rights isn’t only on proportional system7. And, at last, the Federal law of 22.02.2014 N 20-FZ (an edition absolute, nothing the caused principle. Use of the right imposes special responsibility and assumes execution of the duties connected with this right. The priority principle of respect of the rights of other persons, a priority of the public relations on protection of state security, 1 Convention for the protection of human rights and fundamental freedoms, article 16 (ETS No. 5, Rome, 04.11.1950), V. 10 // a public order and moral is established7. IPS ConsultantPlus. 2 The Constitution of the Russian Federation, article 3 // IPS ConsultantPlus. 3 The decision of the constitutional Court of the Russian Federation dated 07.06.2000 N 10-P “On the case about the verification 1 FOM, http://fom.ru/SMI-i-internet/11740. of constitutionality of certain provisions of the Constitution of the Republic of Altai and the Federal law “On General principles of 2 FOM, http://fom.ru/SMI-i-internet/10622. organization of legislative (representative) and Executive bodies of state power of subjects of the Russian Federation” // IPS 3 Federal law dated 14.06.2011 N 142-FZ “On amendments to certain legislative acts of the Russian Federation in connection ConsultantPlus. with improvement of legal regulation in the sphere of mass media” // IPS ConsultantPlus. 4 The Constitution of the Russian Federation, articles 29, 32, IPS ConsultantPlus. 4 Constitution of the Russian Federation, article 3 // IPS ConsultantPlus. 5 Federal law dated 12.06.2002 N 67-FZ “On basic guarantees of electoral rights and the right to participate in referendum of 5 The international Covenant on civil and political rights (16.12.1966), articles 18, 19, 25; Convention for the protection of citizens, article 10 // IPS ConsultantPlus human rights and fundamental freedoms (ETS No. 5, Rome, 04.11.1950), V. 10 // IPS ConsultantPlus. 6 Federal law of 20.12.2002 N 175-FZ (as amended on 25.07.2006) “On elections of deputies of the State Duma of the Federal 6 The same. St. 25. Assembly of the Russian Federation” // IPS ConsultantPlus. 7 The international Covenant on civil and political rights (16.12.1966),part 3, article 19; Convention for the protection of human 7 Federal law dated 18.05.2005 N 51-FZ (as amended on 02.04.2014, with am. from 16.12.2014) “On elections of deputies of the rights and fundamental freedoms, article 16 (ETS No. 5, Rome, 04.11.1950), article 3 of Protocol No. 1 // IPS ConsultantPlus. State Duma of the Federal Assembly of the Russian Federation” // IPS ConsultantPlus. 136 137 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 of 24.11.2014) “About elections of deputies of the State Duma of Federal Assembly of Russia” the Moscow region”1, the Law of Altai Republic “About elections of deputies of Altai Republic”2, (article 3) returned the mixed, proportional and majority system of election of deputies1. the Law of the Republic of Tyva “About elections of deputies of a representative body of The sad conclusion follows from the aforesaid: to expect the future in development of municipality, the elected official of local government in the Republic of Tyva”3, etc.) . The the public relations connected with election of public authorities and local governments, important place at institute of information support of elections is taken by the laws which the legislator can’t expect needs of society for effective legal instruments (guarantees) aren’t carried directly to electoral laws, but nevertheless containing the norms regulating the of implementation of electoral rights yet. The adopted laws have no scientific justification. considered legal relationship: The law of the Russian Federation “About mass media”4, federal Laws are adopted not for realization of the constitutional installations and tasks, not in the laws “About political parties”5, “About public associations”6, “About information, information context of the program of development of society and the state put in the constitution, but technologies and about information security”7, “About meetings, demonstrations, processions”8, used as the lever of momentary influence for the purpose of receiving short-term result in “About counteraction of extremist activity”9 and others. interests of separate political forces. Moreover, in the scientific environment opinions that At institute of information support of elections one feature is important: the tone is set here such legal regulation leads actually to alienation from the constitutional institutes of the by the Federal law No. 67-FZ, it is “frame”, defining features of the right regulation of these power of separate segments of the population are expressed and this process comes nearer to legal relationship, laws and other normative legal acts shouldn’t it contradict. a critical mark [7, p. 234]. In a contradiction with essence of democracy as realization of will From the name of this Federal law – “About the main guarantees of electoral rights and of the majority on condition of observance of the rights of minority actually economically safe the rights for participation in a referendum of citizens of the Russian Federation”, accepted minority, possessing imperious tools, establishes an order, proceeding from the interests. Thus in development of the above-named provisions of the Constitution of the Russian Federation most of the population is discharged of the power by the legal ways consisting in increase of having constituent value and establishing an order in legal system follows that a main goal legislative requirements to democratic procedures [12, p. 311]. For this reason the legislation of legal regulation of the law is creation and realization of legal mechanisms, procedures of on elections is so unstable. direct implementation of democracy in the form of the free elections based on general equal Thus, the legislator never denied the leading role of mass media and information. The and a direct suffrage at ballot, the procedures providing legitimacy of the elected power, and ordinary phrase is known: “Who possesses information, that owns the world”. The conclusion also implementation of the basic principle of democracy in its legal sense – the principle of follows from this statement that the one who owns mass media, owns public consciousness. realization of will of the majority at the account and protection of the rights of minority which Important how information will be presented. aren’t allowing an exception of the last of political process. Mass media control all spheres of activity of society: separate elements are allocated, they are In this context information support of elections should be considered as a guarantee of given the increased importance, thus due to increase of value of one idea another depreciates realization of the right of citizens for participation in elections as one of forms of direct [9, p. 58]. Mass media are the strongest tool in the course of formation of public opinion [16, p. implementation of democracy as a guarantee of that elections will carry out the appointment – 7]. The public opinion, in turn, regulates behavior of certain people and social groups, acts as to be also procedure and at the same time result of will of the people and to have the character the regulator of the public relations [15, p. 82-83]. determined by the Basic law that is will correspond to the above criteria. This position is Concerning a role of institute of information support of elections in democracy corresponded also by a position of the European Court of Human Rights noting that the freedom implementation, in general, and about a place of mass media in electoral process, in particular, of speech is necessary a condition of ensuring free expression of opinions of the people when we note the following. electing authorities10. Information support of elections is complex institute of electoral laws of the Russian In interpretation of the word “guarantee” Ojegov’s and Ushakov’s dictionaries give identical Federation and includes two subinstitutes: informing voters and pre-election campaign [10, concept: the guarantee, bail in something, providing. Dahl’s dictionary supplements to it: the p. 10]. Maximum efficiency of legal regulation is reached by action of institute as sets of the bezopaska, an obezopaska, a bezopasenye to secure, secure [23], obviously, placing emphasis on related constitutional precepts of law regulating one group of the public relations [6, p. 13]. function of a guarantee in the form of safety. The above-named provisions of the Constitution of the Russian Federation and international Thus, information support of elections is not simply a guarantee of implementation of law, the norms containing in Chapter VII “Guarantee of the rights of citizens for receiving electoral rights of citizens, but also, in a broad sense, the mechanism involved in process and distribution of information on elections and referenda” of the Federal law No. 67-FZ of ensuring the constitutional safety which is the main idea of the constitutional doctrine and a number of the laws regulating an order of elections of various level and types are the as sets of scientific views on branch of a constitutional right [12, p. 253]. The constitution cornerstone of institute of information support of elections: federal laws “About an election of the president of the Russian Federation”2, “About elections of deputies of the State Duma 1 The law of Moscow region from 06.07.2012 N 98/2012-OZ (edition of 23.07.2014) On elections of the Governor of Moscow 3 region “(adopted by the decree of Mosobldumy from 28.06.2012 N 10/20-P) // IPS ConsultantPlus. of Federal Assembly of Russia” , the laws of subjects of the Russian Federation regulating 2 The law of the Altai Republic from 24.06.2003 N 12-15 (edited on 29.05.2014) “On elections of deputies of the Altai Republic” an order of elections to public authorities of subjects of the Russian Federation and in local (adopted by the Resolution of the state export control service of RA dated 24.06.2003 12-16 H) // IPS ConsultantPlus. 3 The law of the Republic of Tyva from 22.08.2011 N 781 VC-1 (edited on 24.05.2014) “On elections of deputies of governments (for example, the Law of the Moscow region “About elections of the Governor of a representative body of the municipality, elected official of local self-government in the Republic of Tuva” (adopted BX RT 27.06.2011) // IPS ConsultantPlus. 4 The law of the Russian Federation of 27.12.1991 N 2124-1 (edited on 24.11.2014) “On mass media” // IPS ConsultantPlus. 5 Federal law dated 11.07.2001 N 95-FZ (as amended on 03.02.2015) “On political parties” // IPS ConsultantPlus. 6 Federal law of 19.05.1995 N 82-FZ (as amended on 31.12.2014) On public Obedinenie” // IPS ConsultantPlus. 1 Federal law dated 22.02.2014 N 20-FZ (ed. from 24.11.2014) “On elections of deputies of the State Duma of the Federal 7 Federal law of 27.07.2006 N 149-FZ (as amended on 21.07.2014) “On information, information technologies and protection of Assembly of the Russian Federation”// IPS ConsultantPlus.. information” // IPS ConsultantPlus. 2 Federal law dated 10.01.2003 N 19-FZ (as amended on 24.11.2014, with am. from 01.12.2014) “On elections of President of 8 Federal law dated 19.06.2004 N 54-FZ (as amended on 04.10.2014) “On assemblies, rallies, demonstrations, processions and the Russian Federation” // IPS ConsultantPlus picketing” // IPS ConsultantPlus.. 3 Federal law dated 18.05.2005 N 51-FZ (as amended on 02.04.2014, with am. from 16.12.2014) “On elections of deputies of the 9 Federal law of 25.07.2002 N 114-FZ (as amended on 31.12.2014) “On countering extremist activity” // IPS ConsultantPlus. State Duma of the Federal Assembly of the Russian Federation” // IPS ConsultantPlus. 10 The ECHR decision in the case of Mathieu-Moen and Clerfayt against Belgium on 2 March 1987 // IPS ConsultantPlus. 138 139 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 acts as a security measure of national security from the inefficient government [12, p. 255]. the duties as it is necessary for ensuring public and responsible execution of the powers by So, follows from the maintenance of a number of articles of the Constitution of the Russian them1. Federation and the Federal law No. 67-FZ that elections to public authorities and local In the scientific environment the opinion, was expressed on that that, without resorting to governments are obligatory and periodic. The specified regulations established deadlines the selective technologies often having destructive character it is possible to achieve a victory to which public authorities and local governments can be elected. Performance of the on elections only if the politician or political party understand problems and moods of voters constitutional principle of responsibility of authorities before the people in the form of and can offer such program for which the majority [5, p. 5]. removability of the elected representatives of the people when elected officials, the deputies The similar mechanism worked fully in the Soviet Union and completely acquitted itself, who didn’t justify trust of voters during execution of the powers are re-elected on the without allowing people’s deputies to come off interests of voters. Candidates gave orders of following next main elections is guaranteed. Without appropriate information support this voters, that is requests, wishes and requirements for development of the respective territory to legal mechanism can’t work properly. Council which deputies they then became. And for performance of this order before voters the Point 10 of article 48 of the Federal law No. 67-FZ provided an obligation of the political Council of deputies in general and each deputy before voters of the district bore responsibility. party which proposed the registered candidates, the registered lists of candidates to publish an The duty to report to voters was provided at the legislative level. Thus, compulsory procedures election program about one voting day. Responsibility for non-performance of this norm isn’t concerning orders of voters supplemented elections as a form of direct implementation of provided by the current legislation. On federal elections this duty, is generally carried1 out that democracy. For lack of these procedures modern elections turned in idle time “means of giving can’t be told about elections of regional and local level. of voices for parties or for specific candidates” [1, p. 7]. Publication of an election program, as well as its representation in election commission A number of scientific works is devoted to other problem connected with a ratio among together with the documents necessary for promotion of the candidate, the list of candidates, themselves of subinstitutes of pre-election campaign and informing voters [2, 4, 10, 20]. The has to be obligatory for all candidates, proposed directly, regardless of the subject of promotion specified works are united by the general idea – need legislatively to separate the concepts (self-promotion, promotion an electoral association), and also for the electoral associations “informing voters” and “pre-election campaign”. Both that, and another together make (political parties, public associations, having the right to take part in elections) which proposed information support of elections and promote conscious will of citizens, publicity of elections. lists candidates. Also legislative fixing of concept of an election program is necessary. Thus the purposes of information impact on voters at these two components the different. So, Liability for failure to provide and unpublishing of the above program in the form of refusal according to articles 2, 48 of the Federal law No. 67-FZ the purpose of pre-election campaign – in registration, cancellation of registration of the candidate, the list of candidates has to be at to induce voters to vote for the candidate, candidates, the list, lists of candidates or against it the same time imposed. (them). Points the Constitutional Court of the Russian Federation to existence of such purpose The right of voters for obtaining information on elections means the right to know, what in quality of a distinctive sign of pre-election campaign2. The purpose of informing is bringing actions assumes to take, what ways of development of society, a solution of actual social to data of voters of objective and fullest information on election campaign [10, p. 87]. problems are offered by the candidate in case of his election. Not incidentally as one of the main It is obvious that legal tools, so different in the contents and the purposes, demand also objectives of information support of elections the Federal law No. 67-FZ calls conscious will of establishment concerning each of them of the particular legal regime connected with imposing voters. People have to understand and realize not only for whom they vote, but also in what at the legislative level of certain restrictions that only partly finds the reflection in the current way of development of society, perhaps, will be chosen for the next years. The constitutional legislation. principle of democracy recognizes that on elections not thoughtless, but politically conscious The international law, the Constitution of the Russian Federation3 allow possibilities of voter [19, p. 85]. establishment of restrictions of the rights and freedoms if it is caused by need of protection Logical addition to this duty of candidates will be the duty for the acting people’s deputies of the rights and legitimate interests of other persons. According to the European Court of intending to seek the reelection, to publish the report on performance of the election program Human Rights the restrictions of the right for a freedom of speech during elections aiming declared on the previous elections prior to election campaign. Even in case the data containing to provide free expression of opinions of the people when electing legislature are allowed4. in such report aren’t true, such circumstance already in itself will serve as criterion of an Such restrictions are proved by a priority of public interests over personal [3, p. 5-8], and also assessment of activity of the candidate from voters. Thus performance of this duty won’t be in a combination in elections as one of forms of direct democracy of a personal interest of each a conflict with the ban on publication of reports on the done work during election campaign specific voter who is expressed in participation in administration of the state, and the public established by the subparagraph “z” point 5 of article 40 of the Federal law No. 67-FZ as it will interest which is expressed in objective results of elections and formation on this basis of be carried out prior to election campaign. bodies of the public power5. Imposing of this duty on the elected official seeking reelection won’t mean creation for such 1 Declaration on freedom of political debate in the media. Adopted on 12.02.2004 872 meeting of the Committee of Ministers candidate of the additional conditions of promotion breaking the principle of equal participation of the Council of Europe. PT. articles 3, 4// http://www.coe.int/t/dghl/standardsetting/media/doc/translations/russian/Dec(2004) PoliticalDebate_ru.pdf. in elections enshrined in article 3 of the Federal law No. 67-FZ. On the constitutional legal 2 The decision of the constitutional Court of the Russian Federation dated 30.10.2003, No. 15-P “On the case about the status elected officials represent interests the people and it is certainly connected with certain verification of constitutionality of certain provisions of the Federal law “On basic guarantees of electoral rights and the right to participate in referendum of citizens of the Russian Federation” in connection with inquiry of group of deputies of the State Duma and standards of behavior and imposes the duties corresponding to such status. The politicians complaints of citizens S. A. BUNTMAN, K. A. Katanyan and K. S. Rozhkov” // IPS ConsultantPlus. seeking to secure with public opinion thereby agree to become object of public political debate 3 The Constitution Of The Russian Federation. part 3 of article 55 // ATP ConsultantPlus. and criticism in mass media. The state officials can be criticized in mass media how they fulfill 4 The judgment of the European court of human rights, dated 19.02.1998 “Bowman (Bowman) against the United Kingdom” // IPS ConsultantPlus. 5 The decision of the constitutional Court of the Russian Federation dated 15.04.2014, No. 11-P “On the case about the verification of constitutionality of paragraph 1 of article 65 of the Federal law “On basic guarantees of electoral rights and the right to participate in referendum of citizens of the Russian Federation” in connection with the request of the Legislative Assembly of Vladimir 1 http://www.cikrf.ru/banners/duma_2011/polit_part/progr/. region” // IPS ConsultantPlus. 140 141 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

In the context of the aforesaid at the beginning of article about variety of ways of information case of a violation of the law about an order of distribution of information on elections in impact on consciousness of voters (including – through numerous mass media) it is necessary to a cyberspace an adequate measure of restoration of a law and order will be blocking of an divide legislatively information streams, having allocated, actually, informing and pre-election appropriate resource about one voting day on elections inclusive. Such blocking can be carried campaign. Only in that case information support of elections will promote sensibleness of will of out by Roskomnadzor1 according to the indication of the relevant election commission. It is voters. Especially as experience such regulation is. So, by article 46 of the Federal law No. 67-FZ legislatively necessary to fix that the relevant decision has to be made on the basis of the publication of results of polls within five days about one day and in the voting day is forbidden. technique developed Russian CEC2 and proceeding from the maintenance of spread information Similar it has to be established concerning all possible ways of pre-election campaign and the and volume of audience, taking into account all circumstances of the arisen conflict. propaganda period for candidates, electoral associations: the beginning – from the moment of The above approach will allow to solve also other actual problem of information support promotion, the termination – in five days prior to the voting day. Thus terms of implementation of elections: performance of the provisions of the law forbidding to carry out pre-election of the informing meaning distribution reliable, objective and neutral concerning preferences to campaign to foreign citizens. Such ban is based on norms of international law3 and aimed at participants of elections of information aren’t limited. providing the constitutional principles of the sovereignty and democracy, constitutional safety. Based on the legal criteria of differentiation of the concepts “informing voters” and It is noted that the relations in a cyberspace have cross-border character, very often at them “pre-election campaign” developed by science, such approach will allow to divide the above there is a foreign element [18, p. 117]. information streams, to avoid mixture of official information messages (and it, first of all, the Follows from constitutional and legal sense of institute of information support of elections message of the election commissions and executive authorities obliged to carry out informing that it is not only a guarantee of free and conscious will of voters on elections, but also an voters) and propaganda materials. Under such circumstances actions of candidates, the political indispensable condition without which direct implementation of democracy is impossible. In parties which are deliberately masking the pre-election campaign under official information essence, lawfully collected and a lawful way spread information on elections not only provides messages of election commissions, public authorities [21, 22, 24] lose meaning. Similar legal realization of the principles of sensibleness of will and publicity, but also acts as a measure of regulation is much more effective, than idle time will lock: it is better to create a situation when prevention, prevention of violations of electoral laws. to the subject of legal relationship it becomes unprofitable to break the law, than to be limited The institute of information support of elections can act as the above guarantee only at only to a ban and then to punish violators. As practice, on elections where as in a known saying observance of the certain conditions, the principles and tasks dictated by the Constitution about love and war, all means are good, possibility of attraction to legal responsibility stops of the Russian Federation. As Yu.I. Skuratov, “Notes at all importance of such socio-political nobody shows. It is confirmed also by the situation existing now: in the right the tendency to phenomena and the corresponding values as the power, human rights, the republic as the form refusal of not always objective use of a ban [8, p. 2]. of government, federalism, the sovereignty, democracy, they have tool character and are urged At such approach to legal regulation two forms of information support of elections won’t to provide the solution of problems of more general, deep property – providing conditions disturb each other and will carry out fully the main objective – contribution to conscious will of for worthy human life, reproduction and continuation of the human race, preservation and voters. Such regulation is directed on the coordinated implementation of informing voters and development of the country – Russia – as unique phenomenon of a world civilization …. From pre-election campaign each of these forms of information support of elections wasn’t used to here it is quite natural that the highest criterion of efficiency of legal means is their social value, the detriment of another, didn’t interfere with its implementation1. usefulness for society.” [14, p. 13, 14]. And, at last, a problem which each elections “puts on ears” both the public, and law enforcement agencies, and system of election commissions: use of a cyberspace on elections. References in English: It is noted that in the legislation there is no uniform approach to regulation of legal 1. S.A. Avak’jan. Democracy as a set of direct and representative democracy: issues of efficiency relationship in a cyberspace, but thus the term at all its convention is even more often // Russian political science. 2014. № 2. 2. Ju.S. Belous. Constitutional and legal basis of differentiation of pre-election promotion and mentioned in legal literature [18, p. 115; 13, p. 248]. information support of elections in the Russian Federation. Diss. Cand. Jur. Sciences. // SPb. Earlier the idea of application of the special legal regime concerning distribution of 2009. information on elections concerning the Internet resources registered as mass media [10, p. 96]. 3. V.V. Borodin, A.V. Tarasov, V.I. Ushakov. The restriction of constitutional rights and freedoms Today the Law of the Russian Federation “About mass media”, having provided a new type of in the Russian Federation: constitutional-legal aspect. Monograph // MIA of Russia in St. mass media – the network edition, doesn’t establish obligation of registration as mass media Petersburg University. SPb. 2013. 4. S.E. Zaslavskij. Political parties in Russia: the process of legal institutionalization. Diss. Dr. of the site in the information and telecommunication Internet network, such registration is Jur. Sciences // M. 2004. carried out voluntary. 5. Z.M. Zotova. Election program is the main source of election campaign // M. RCOIT. 2001. It is advisable to extend the above legal regime as well to the sites in the Internet, pages on 6. E.I. Kozlova, O.E. Kutafin. Constitutional law of Russia. Tutorial.5th edition // M. Prospekt. social networks which aren’t registered as mass media. 2015. Follows from the rules fixed in the legislation that pre-election campaign has to be paid only 7. V.O. Luchin. The Constitution Of The Russian Federation. Problems of implementation // M. 2002. from means of the corresponding election fund and be carried out at obligatory performance of 8. A.V. Mal’ko A.V., V.V. Subochev., A.M. Sheriev. The rights, freedoms and legitimate interests: a number of conditions and observance of a number of restrictions. Violation of the specified problems of legal support // M.: Norma, Infra-M, 2010. rules conducts to violation of the principle of equality and competitiveness of candidates on elections and, finally, leads to violation of the rights of voters. Taking into account it, in 1 The RF Government decree dated 16.03.2009 N 228 (as amended on 27.12.2014) “on the Federal service for supervision in the sphere of Telecom, information technologies and mass communications” // IPS ConsultantPlus. 2 Federal law dated 12.06.2002 N 67-FZ “On basic guarantees of electoral rights and the right to participate in referendum of 1 The decision of the constitutional Court of the Russian Federation dated 11.06.2003 N 10-P “On the case about the verification citizens, clause 13 of article 21 // IPS ConsultantPlus. of constitutionality of the Federal constitutional law “On amendments and addenda to the Federal constitutional law “On referendum of 3 Convention for the protection of human rights and fundamental freedoms, article 16 (ETS No. 5, Rome, 04.11.1950), V. 10 // the Russian Federation” // IPS ConsultantPlus. IPS ConsultantPlus. 142 143 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

9. A. Mol’. Sociodynamics of culture // M. Progress. 2005. 11. A.S. Pigolkin. Zakonotvorchestvo v Rossijskoj Federacii. Nauchno-prakticheskoe i uchebnoe 10. T.V. Nechiporenko. Information support of elections – the electoral Institute of legislation posobie // M. 2000. of the Russian Federation. Diss. Cand. Jur. Sciences // M. RAGS. 2010. 12. T.M. Prjahina. Konstitucionnaja doktrina Rossijskoj Federacii // M. Juniti. 2006. 11. A.S. Pigolkin. Lawmaking in the Russian Federation. Scientific-practical and educational 13. I.M. Rassolov. Pravo i kiberprostranstvo // M. Moskovskoe bjuro po pravam cheloveka. 2007. guide // M. 2000. 14. Ju.I. Skuratov. Konstitucionnaja reforma i grani rossijskoj gosudarstvennosti // Sovremennoe 12. T.M. Prjahina. The constitutional doctrine of the Russian Federation // M. Unity. 2006. pravo. 2013. № 10. 13. I.M. Rassolov. Law and cyberspace // M. Moscow Bureau for human rights. 2007. 15. K.S. Sugrobova. Vlijanie sredstv massovoj informacii na obshhestvennoe soznanie // Sborniki 14. Ju.I. Skuratov. Constitutional reform and the edge of the Russian statehood // Modern law. konferencij NIC Sociosfera. 2011. № 1. 2013. № 10. 16. E.V. Suslov. SMI kak instrument formirovanija obshhestvennogo mnenija v processe 15. K.S. Sugrobova. The influence of the media on public consciousness // the Collections of stanovlenija grazhdanskogo obshhestva. Diss. kand. polit. nauk // M. MGU im. Lomonosova. conferences. 2011. № 1. 2004. 16. E.V. Suslov. Media as a tool to shape public opinion in the process of formation of civil 17. V.M. Syryh. Zakonotvorchestvo kak vid social’nogo proektirovanija // Zhurnal rossijskogo society. Diss. Cand. polit. Sciences // M. MSU Lomonosov. 2004. prava. 1998. № 3. 17. V.M. Syryh. Lawmaking as a kind of social planning // Journal of Russian law. 1998. № 3. 18. A.V. Trofimenko. Problemy obespechenija prav cheloveka v kiberprostranstve // Sovremennye 18. A.V. Trofimenko. The challenges of ensuring human rights in cyberspace // Modern problems problemy pravoponimanija i obespechenija prav cheloveka. Materialy mezhvuzovskoj of interpretation of law and human rights. Materials of interuniversity scientific-practical nauchno-prakticheskoj konferencii. Barnaul. 2013. conference. Barnaul. 2013. 19. V.E. Chirkin. O proporcional’noj izbiratel’noj sisteme s preferencial’nym votumom // Zhurnal 19. V.E. Chirkin. About the proportional electoral system with preferential vote // Journal of rossijskogo prava. 2013. № 6. Russian law. 2013. № 6. 20. Shulenin V.V. pravovoe obespechenie v Rossijskoj Federacii ravenstva prav kandidatov 20. Shulenin V.V. Legal support in the Russian Federation on equal rights of candidates and i izbiratel’nyh ob#edinenij pri provedenii predvybornoj agitacii. Diss. kand. jur. nauk. // M. electoral associations during the election campaign. Diss. Cand. Jur. Sciences // M. 2006. 2006 21. http://www.gazeta.ru/news/blogs/2011/11/07/n_2085970.shtml. 21. http://www.gazeta.ru/news/blogs/2011/11/07/n_2085970.shtml. 22. http://lenta.ru/news/2011/11/08/okay. 22. http://lenta.ru/news/2011/11/08/okay. 23. http://tolkslovar.ru/g798.html. 23. http://tolkslovar.ru/g798.html. 24. http://www.vedomosti.ru/politics/news/1420150/sobyanin_obya 24.http://www.vedomosti.ru/politics/news/1420150/sobyanin_obyasnil_po. 25. Krukova E.M. Automation of business processes of the enterprises of sphere of services. 25. Krjukova E.M. Avtomatizacija biznes-processov predprijatij sfery uslug. V sbornike: Nauka – In book: Science service 2012 proceedings of XVII-th International scientific-practical servisu 2012 materialy XVII-oj Mezhdunarodnoj nauchno-prakticheskoj konferencii. 2012. conference. 2012. pp. 114-121. S. 114-121. 26. Krukova E.M., Krasilnikova G.V. Directions of use internal corporate blogging in the activities 26. Krjukova E.M., Krasil’nikova G.V. Napravlenija ispol’zovanija vnutrennego korporativnogo of the companies.//Service plus. 2011. № 2. pp. 96-104. blogginga v dejatel’nosti kompanij.//Servis plus. 2011. № 2. S. 96-104. 27. Krukova E.M., Krasilnikova G.V., Kulakova T.V. Social media: the real and potential sources 27. Krjukova E.M., Krasil’nikova G.V., Kulakova T.V. Social’nye media: real’nye i potencial’nye of threats to economic security of the enterprise.//Bulletin of the Academy of economic istochniki ugroz jekonomicheskoj bezopasnosti predprijatija.//Vestnik Akademii security Ministry of internal Affairs of Russia. 2011. № 3. pp. 53-57. jekonomicheskoj bezopasnosti MVD Rossii. 2011. № 3. S. 53-57. 28. Maloletko A.N., Kaurova O.V., Krukova E.M., Yuhin K.E. The role and importance of modern 28. Maloletko A.N., Kaurova O.V., Krjukova E.M., Juhin K.E. Rol’ i znachenie sovremennyh media in marketing communications//proceedings of the Russian state social University. mediasredstv v marketingovyh kommunikacijah//Uchenye zapiski Rossijskogo -2014. -№ 3(125). -pp. 96-103. gosudarstvennogo social’nogo universiteta. -2014. -№ 3(125). -S. 96-103.

References in Roman script: REFERENCE TO ARTICLE 1. S.A. Avak’jan. Narodovlastie kak sovokupnost’ institutov neposredstvennoj i predstavitel’noj Reut, D.A. (2015) Information support of elections as guarantee of implementation of the demokratii: problemy jeffektivnosti // Rossijskoe gosudarstvovedenie. 2014. № 2. active suffrage of citizens of the Russian Federation, Contemporary Problems of Social Work, 2. Ju.S. Belous. Konstitucionno-pravovye osnovy razgranichenija predvybornoj agitacii Vol. 1. No. 1. 2015. P. 135-145. DOI: 10.17922/2412-5466-2015-1-1-135-145. i informacionnogo obespechenija vyborov v Rossijskoj Federacii. Diss. kand. jur. nauk. // SPb. 2009 3. V.V. Borodin, A.V. Tarasov, V.I. Ushakov. Ogranichenie konstitucionnyh prav i svobod cheloveka v Rossijskoj Federacii: konstitucionno-pravovoj aspekt. Monografija // MVD Rossii Sankt-Peterburgskij universitet. SPb. 2013. 4. S.E. Zaslavskij. Politicheskie partii Rossii: process pravovoj institucionalizacii. Diss. d-ra jur. nauk // M. 2004 5. Z.M. Zotova. Predvybornaja programma – osnovnoj resurs izbiratel’noj kampanii // M. RCOIT. 2001. 6. E.I. Kozlova, O.E. Kutafin. Konstitucionnoe pravo Rossii. Uchebnik.5-e izdanija // M. Prospekt. 2015. 7. V.O. Luchin. Konstitucija Rossijskoj Federacii. Problemy realizacii // M. 2002. 8. A.V. Mal’ko A.V., V.V. Subochev., A.M. Sheriev. Prava, svobody i zakonnye interesy: problemy juridicheskogo obespechenija // M.: Norma, Infra-M, 2010. 9. A. Mol’. Sociodinamika kul’tury // M. Progress. 2005. 10. T.V. Nechiporenko. Informacionnoe obespechenie vyborov – institut izbiratel’nogo zakonodatel’stva Rossijskoj Federacii. Diss. kand. jur. nauk // M. RAGS. 2010.

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 selection of material particles whose size does not meet the specified requirements (greater than or less than the permissible);  separation of particulate material by size into several fractions. Rudakova E.V. Classification of materials by size implemented in ways of sorting, as a mechanical, hydraulic, Candidate of Technical Sciences, senior lecturer in Technosphere safety and air. ecology, Russian State Social University, branch in Kursk. The most commonly used inertial screens have such advantages as high screening efficiency E-mail: [email protected] УДК 519.2 due to good separation of the material on the surface of the screening (85-90%); high DOI 10.17922/2412-5466-2015-1-1-146-157 performance; low power consumption. The main indicators characterizing the operation screens are screening capacity, screening efficiency and productivity screen. To solve the problem by studying the process of classification of fine loose building material Information model for calculating power spiral and develop an information model for calculating capacity was studied design spiral screw screw inertial screening machine inertial screen (Fig. 1). [1]

Receiving date: Preprint date: Taking to print date: 13.03.2015 27.03.2015 30.03.2015

Annotation:Over the past 4 years the volume of production of non-metallic building materials in Russia steadily increasing by 12-18% per year. In 2012, a total of 404-406 million has been received. M3 (annual increase of 12.8%). Volumes of market segments, including, are: crushed stone and gravel 54-56% (more than 215 million. M3); sand 38% (more than 150 million. 3 m); crushed stone 4% (more than 16 million. m3); granules and crushed limestone powder 1% (4 million. 3 m) [13]. Lithoclasty waste volumes generated during the processing of natural stone materials, reach 20-45% of the material to be processed. Waste lithoclasty carbonate and siliceous rocks should be used in terms of both the economy and the environment. The economic component of the sum of the costs of mining and processing of rock mass (because the costs of obtaining screenings similar expenses on production of crushed stone), the rent of the land held dumps have not found sales screenings. The environmental component is manifested in the increasing load on the environment, and create piles [8]. In the “Strategy of development of building materials and industrial housing in the period up to 2020”, approved by Order of the Ministry of Regional Development of the Russian Federation on May 30, 2011 №262, the building materials industry is allocated a special place as an industry with unique opportunities for utilization of technogenic waste, including screenings obtained during the production of non-metallic building materials. In the works Kalashnikov VI, Lazutkina AV Nisnevich ML [8,16,17] that and Using crushing screenings in lightweight concrete technology is promising for the production of heat insulating and structural concrete, and heavy concrete technology provides a complete replacement of natural sand and gravel parts. Using crushing screenings in the preparation of concrete technology can provide significant economic and environmental Fig. 1. General view of the circuit and spiral-helix inertial screen: effects in the building materials industry. 1 – duct; 2 – screening surface; 3 – spring; 4 – vibrator; 5 -zagruzochny hopper; 6 – drain Despite the obvious economic benefits of crushing screenings in the preparation of mortars and concretes, connection these technologies are not widely spread. One of the reasons hindering industrial development screenings, is the absence of the majority of enterprises producing screenings, equipment for their fractionation. Materials and Methods One possible way of addressing the issue of specific enterprises relatively cheap products fractionation Power Consumed screw roar can be represented as the sum of screenings is their self-processing. However, this requires the presence of appropriate equipment. PP P P, (1) Thus, the development and research of original designs of screens, allowing for effective fractionation =+хдгмдд + fines from crushing screenings, is an important and urgent task. where Pх - The power consumed by a crash at idle (in the absence of additional weight added Key words: Screening, spiral crashing, screening efficiency, rational modes, power, oversize, undersize and to the box screen to change the amplitude of the oscillations boxes, and the material in the box material particles. rumble in the classification process); Pдгм - Additional power consumed by a crash due to the

The process of separating solid granular materials with different properties of the particles presence of attached to the body mass; Pдд - Additional power consumed by a crash to post the (pieces of grain) has been used by mankind since ancient times [6] and was named “material material movement in the classification process. classification” [2, 3]. Additional power consumed by a crash due to the presence of attached to the body mass, is In the building materials industry, the most widespread classification of materials by size given by: particles. With the help of technology to solve the following problem [2, 4, 5]: PPPдгм=+ дг дм , (2)

146 147 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 where Pдг - The power consumed due to the addition to the box additional weight; Pдм - The wherein 01< α i < . power consumption due to the presence in the box screen material. Then the mass of material in each moment in the din m дм , Defined by the formula: In turn, the power P the sum of the power P Consumed for vertical movement of the дд ддв n i Qисх ⎛⎞ material, and Pддг - To move the material along the sieve (horizontal): (9) mmдм =+1 ∑⎜⎟∏(1−αji ) L , 3 600υ 0 i=2 ⎝⎠j=1 PPдд=+ ддв P ддг . (3) wherein, in accordance with formula (7) Power calculation Pх and Pдгм Power P Consumed a crash idling – without additional cost and classified material has х QLисх 1 been measured experimentally and was 0.21 kW. m1 = , (10) 3 600υ 0 Dependence of the power Pдг by weight of the additional load mдг was also determined experimentally. This dependence is determined by the formula. Thus, when = 3.5 kg, mдг so that we obtain: n = 50 Hz, A = 2 mm obtain n i Qисх ⎛⎞⎛⎞ Pmдг==42,9 дгВт 0,0429 m дг кВт . (4) PL=+(1−α ) L. (11) дм ⎜⎟1 ∑⎜⎟∏ ji 3 600υ 0 ⎝⎠i=2 ⎝⎠j=1 To calculate the power consumption Pдм necessary to determine the average amount of material in the box at any given time. In order to use the formula (11), it is necessary to know the coefficients α i and the average Material is removed from the case only through the discharge nozzles undersize, so that the velocity of the material on the sieve υ 0 . Coefficients α i determined experimentally during calculation scheme material distribution along the length of the helical tube, for example, three search experiments. equal (in length) sieve, it looks as shown in Figure 2 (according to what material is sieved while The average speed movement υ 0 of material in a helical pipe can be calculated as follows. moving one situ, it does not matter because both oversize and undersize materials are in a box). If the performance of screening for the original product Q measured in kg / h, the quantity ) исх of material Q Passing through a screen in one hour, will be equal to L/3 L/3 L/3 QQ= исх ⋅1ч , (12) wherein Q will have a dimension of “kg”. If this mass of material away from the screen size in a (Mesh width) h (Average height of the layer of material on the sieve) and a length L′ , The length L′ can be determined from the relationship Fig. 2. The distribution of material along the length of the screw box QV= γ = γ ahL′ , (13) If the velocity of the material along the sieve is denoted by υ , The distance L /3 material 0 so that passes during Δ t Calculated by the formula Q Δ tL= /3υ 0 . (5) L′ = . (14) γ ah During this time, go through the feed opening amount of material whose mass can be determined by the performance of screening for the original product Qисх . Namely, if Qисх “Ribbon” of material so long moved through a screen in one hour, therefore, the average measured in “kg / h”, the quantity of material Q 1 . Passing through a screen in one second is speed is equal to equal to LQ′ Q исх (15) , (6) υ0 == = . QQ1 = исх / 3 600 1ч 1ч⋅γah γ ah but for the time Δ t - Q : Δt When using formula (15) should be borne in mind that, firstly, h - The average height of the QtQLисхΔ исх layer of material along the length of the screw boxes, which can be defined as QQt= Δ == . (7) Δt 1 3 600 3 600⋅υ 3 0 hh+ h = вх вых , (16) That is the amount of material and is located on the first sieve. 2 where - Height of the bed material in the inlet duct; In the general case, let there n sieves with lengths L and the transmittance of the material hвх i - Height of the bed material at the outlet of the duct. through i -e sieve α , in= 1, 2, , . Coefficients α characterized by the ratio of undersize hвых i i Second, the bulk density of the material also decreases along the length of the box, since to oversize on i - th sieve, i.e. if the amount of material reaching the sieve mass m н Mass undersize material after passing over the screen – m Then each successive sieve are more and larger particles of material. Therefore, the average mass п density of the material should be calculated by a formula similar to (16):

α i = mmпн/ , (8)

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Thus, after separation from the sieve particle moves to the next encounter with him on γ исх+ γ вых γ = , (17) a parabolic trajectory by law 2 22 where γ исх - Bulk density of the starting material; gt gt γ - The mass density of the material on the top sieve. xt()= − += v0 t− + Akt, (24) вых 22 In view of (15) The above formula (11) can be written in the following final form: where v 0 determined by the first formula in t = 0 (21) . The collision with the screen is determined from the equation γ ah ⎛⎞n ⎛⎞i PL=+⎜⎟⎜⎟(1−α ) L. (18) 2 дм 3 600 ⎜⎟1 ∑ ∏ ji gt ⎝⎠i=2 ⎝⎠j=1 Akt− = Asin kt . (25) 2 2 -1 −2 Figures 3 – 5 presents the results of the calculation of the particle’s trajectory and sieves for Thus, for the following input parameters: Qисх = 210⋅ кг/ч , a = 1, 0⋅ 10 м , hвх = 1, 0⋅ 10 м, −3 −3 33 33 three different values of the amplitudes of the oscillations of the screen. hвых = 1, 0⋅ 10 м, (h = 6,0⋅ 10 м) γ исх = 1,85⋅ 10 кг / м , γ вых = 1,25⋅ 10 кг / м , ( γ = 1,55⋅ 1033 кг/м ) – Get 210⋅ 2 мм υ ==2,35⋅ 1022= 6,53⋅ 10− . 0 1,55⋅⋅⋅ 1031 1,0 10−− ⋅⋅ 5,5 10 3 чс

2,5 м Further, when LLL=== =0,83 м , α = α = α = 0,1 obtain 123 3 123 210⋅ 2 m =+()0,83 0,9⋅ 0,83+ 0,81⋅ 0,83= 1,9 кг. дм 3, 6⋅⋅ 1032 6, 53 10−

Thus, the second term in the formula (1), with the formula (4), we obtain:

γ ah ⎛⎞n ⎛⎞i PmL=++0,0429 (1−α ) L. (19) дгм дг ⎜⎟1 ∑⎜⎟∏ ji 3 600 i=2 j=1 ⎝⎠⎝⎠ Fig. 3. The trajectories of particles (1) and sieves (2) at an amplitude = 0.5 mm

In the resulting formula mдг has dimension “kg”, and the product 0,0429 mдг − кВт. During the free flight of the particles is: amplitude of 0.5 mm – 0.025 to 1.0 mm – 0.051 to max The pre-estimate theoretically possible maximum value Pдд - Pдд . 1.5 mm – 0.076 s. On the particles on the surface of the screen, in the vertical direction are two forces: the Next, consider the part of the layer oversize material occupying the following scope: width equal to the width of the screen a , Height is the height of the layer h and length – Δl . force of pressure from the septum FОП and gravity G . While the particle is on the screen (fixed relative to it), its motion is determined by the movement of the screen: Weight Δ m this volume is equal to xt()= A sin kt, (20) Δ mahl= γΔ, (26) where A - Oscillation amplitude, k - Circular frequency sieve. where γ - The specific density of the material. As xt()= Ak cos kt ; (21) xt()= − Ak2 sin kt , then the equation of motion of a particle can be written as

mx() t= G− FОП , (22) or, subject to (21)

2 −mAksin kt= G− FОП , (23) This implies that at the time t = 0 normal pressure force becomes equal to the force of gravity, the speed starts to decrease in the sieve according to (20), and also decreases the velocity of the particle, but only under the influence of gravity. Fig. 4. The trajectories of particles (1) and sieves (2) at an amplitude = 1.0 mm

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If this volume of material is thrown up at a rate of sieve v , By the same token he reported Since all particle collisions are inelastic, in each collision there is a loss of kinetic energy. the kinetic energy Δ E As determined by the formula Thus, the kinetic energy is dissipated during one period of oscillation T Which is defined by the formula Δ⋅mv2 Δ E = . (27) КН 2 Tn= 1/ , (33) Given the formulas (21) and (27) we find so that ΔtT= formula (33) finally takes the following form: 1 2 E L Δ EahlAkКН = γΔ(), (28) КН 223 2 Pддв ==2()().πγ aAn lhldl (34) Δt ∫ or as 0

kn= 2π , (29) We find the average rating of the kinetic energy Eср , Assuming that the value of the specific density γ and the height of the layer of material h constant and equal to their average values where n - Frequency of oscillation sieve, formula (28) can be written as in the place of loading. In this case, the formula (31) can be written as follows: 1 Δ E= γΔπ ahl42222 An= πγ 2 ahAn 22 Δ l . (30) EaAnhL= 2πγ222 . КН 2 ср 00 ср The kinetic energy that is transferred roar around the material on the sieve is determined by Thus, the average power consumed by the movement of the material vertically – Pддв Can be the formula calculated by the formula L E EaAnlhldl= 2()()πγ222 , (31) ср ср 223 КН ∫ PaAnhLддв ==2.πγ00 0 Δt where L - The total length of the sieve (centerline) and specific density γ and the height of ср To estimate the order of magnitude Pддв calculate its average values for the parameters in the layer of material h vary depending on its distance from the load (due to screening of the the formula: aA= 1, 0⋅ 10−−13 м; = 1,5⋅ 10 м; n = 40 с-1; material). кг nhL= 40 с-1;γ == 1850 ; 2,0⋅ 10 -2 м; = 2,5 м. 00м3 Substituting in the formula, we find Pср = 2π⋅⋅⋅⋅21 10−− 1,5 2 10 633 4 10 × ддв ×1,85⋅⋅⋅⋅ 1032 2 10− 2,5= 26,3 Вт.

Calculate the second component of the power consumption Pдд - Pддг , required to move the material along the surface of the screw and the sieve box. Just as before, we consider the part of the layer of material with dimensions oversize a , h

and Δl . To move it away Δ s Must overcome the frictional force Fтр Module, which is determined by the formula (35) FfFтр = ОП , Fig. 5. The trajectories of particles (1) and sieves (2) at an amplitude = 1.5 mm where f - Coefficient of sliding friction, F - The force of normal pressure. Thus, the power consumed by the movement of the material vertically – Pддв Can be ОП calculated by the formula In screens with flat sieve material in which the particles move in a plane, the normal pressure value of the force is determined only by the weight of the volume in the material. E 2π222aAn L Plhldl==КН γ() () , (32) In this case, the amount of material moving along a helical line, resulting in a force of inertia ддв ∫ ΔΔtt0 Fин Which presses the material to the outside of the pipe, which are arranged in sieve. The magnitude of this force is determined by the formula where Δt - A time interval during which the kinetic energy is transferred to the material EКН . Δυm 2 Above was obtained by equation (25) to determine the time of the motion of individual F = , (36) particles clear of the screen until the collision with him, which is dependent on the amplitude ин R of the oscillations A sieve. In practice, the particles on the sieve surface, after separation from where υ - Speed of movement of the material along the helical tube; it immediately encounters particles located above it, which in turn collide with the particles R - The curvature of the path, in this case, the distance from the axis of the helix to the positioned above them, and so forth. middle (width) sieve.

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In the first case, the force of normal pressure equal to the weight of the volume in the 2 ⎛⎞6,53⋅ 10−2 material: max ⎜⎟()200 Pддг = 0,9⋅ 9,81+= 0,5 2,5 ⎜⎟1, 8⋅⋅ 10−12 3, 6 10 FGmgОП ==Δ , (37) ⎝⎠ in the second - =+()8,83 11,8⋅⋅≈ 10−3 1,39 12,3 Вт. Δυm 2 Results FF== . (38) ОП ин R Thus, the final formula for calculating power consumption screw roar as follows: Thus, the work that must be expended to move material along the duct, defined by the formula γ ah ⎛⎞n ⎛⎞i PPam=+ + L + (1−α ) L+ Δ AF= Δ sF+ Δ s= хгрдг ⎜⎟1 ∑⎜⎟∏ ji тр ин 3 600 ⎝⎠i=2 ⎝⎠j=1 2 Δυm (39) L = fmgsfΔΔ+ Δ s, 223 12R +2()()πγaAn∫ l hl dl+ (43) where ff и - The coefficients of friction of the material on the screen surface and the surface 0 12 2 of the pipe respectively; L ⎛⎞()υ()l ++afgf⎜⎟υγ() llhldl() () , Δ s - Move the volume of material. ∫ ⎜⎟12 0 R Then the power needed to carry out the work on the movement of said volume defined by ⎝⎠ the formula where aгр = 0,0429 kW / kg, symbols other parameters apparent from vysheissleduemogo material. Ams⎛⎞2 ΔΔυΔ Discussion Δ Pfmgfддг ==⎜⎟12Δ += ΔΔtRt⎝⎠ Based on the analysis of technical and patent literature, the problem is identified the need (40) ⎛⎞υ2 to improve the existing equipment and technology screening of small granular materials. = Δ mfg⎜⎟12+ f υ, Developed and tested design spiral screw inertial screen. A method of calculating the power R ⎝⎠ consumption of the drive, which takes into account structural and technological parameters of and the total power needed to move the material across the entire pipe – of formula the spiral screw inertial screener Conclusion ⎛⎞υ2 Pfgfdm=+υ . (41) In accordance with the results of mathematical modeling and experimental studies of the ддг ∫ ⎜⎟12 ⎝⎠R technique of engineering calculation of spiral-helix inertial screen. Given the experience of the industrial implementation of spiral-helix inertial rumble, rumble In view of formula (26), the last expression can be written as follows: recommended body with a cross section in the form of a rectangle, making maximum use of the space around the axis of the helix, which will provide a more rigid structure. It is mandatory to L ⎛⎞()υ()l 2 create a hard question space frame, which will reduce the amount of axial strain the body during P=+ a⎜⎟ fg fυγ() l() lhldl () . (42) ддг ∫ ⎜⎟12R its vibratory motion. 0 ⎝⎠ Screening efficiency and the power consumption of the vibrator driven through the selected

ср screen modes in first approximation can be determined using the expressions: As previously for Pддв , For the same values of the input parameters, we find the average ср E = −17,02++ 4,191 n 2,274 А +0,083Q − rating Pддг . The formula for determining it as follows: ИСХ 222 2 −−0,06 n 10,018 А −0,001 Q + (44) ⎛⎞υ ИСХ ср 0 Pafgfддг =+⎜⎟12υγ 000 hL. ++0,448 n А 0,003 n Q + 0,081А Q; ⎝⎠R ИСХ ИСХ In view of (15) expression can also be written as P= 319,307−− 8,325 n 40,868 А −0,937 Q + ⎛⎞υ2 ИСХ PfgfQLср =+0 . 22 2 ддг ⎜⎟12 исх ++0,121 n 3,059 А +0,0004 QИСХ + (45) ⎝⎠R + 0,496 n А + 0,027 n QИСХ + 0,110 А Q, ИСХ For the case when Q = 200 кг/ч , The other parameters are the same as in the calculation исх where n- the frequency of the driving force, A – amplitude oscillation mm, Qисх- on the of Pср And ff==0,9, 0,5 (Sieve friction greater than the surface friction on the spiral мдв 12 performance of the initial product screening. tube), we obtain:

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References in English: 2. Borshchevskij A. A. Mekhanicheskoe oborudovanie dlya proizvodstva stroitel’nyh materialov i 1. Bogdanov V. S. Laboratory unit inertial rumble with helical sifting surface / V. S. Bogdanov, S. izdelij: Uchebnik dlya vuzov po spec. «Proizvodstvo stroitel’nyh izdelij i» / A. A. Borshchevskij, S. Latyshev, E. V. Rudakova // Innovative materials and technologies, proc. Intern. scientific. A. Il’in.- Moskva: Al’yans, 2009. - 368 s. scient. Conf. ( Belgorod, 11-12 Oct. 2011) / Belgor. state Indus. Univ – Belgorod: Publishing 3. Kalekin V.S. Processy i apparaty himicheskoj tekhnologii: massoobmennye i mekhanicheskie house of BSTU, 2011. – pp. 71-73. processy: Ucheb. posobie. V 2 chasa dnya. CHast’ 2 / V.S. Kalekin. - Omsk: Izdatel’stvo Omgtu, 2. Barshcheuski A.A. Mechanical equipment for the production of building materials and 2007.- 200 r. products: a textbook for high schools on special. «Manufacture of construction products 4. Sapozhnikov M.Ya. Mekhanicheskoe oborudovanie predpriyatij stroitel’nyh materialov, izdelij and» / A. A. Barshcheuski, A. Ilin.- Moscow: Alliance, 2009. - 368 p. i konstrukcij: Uchebnik dlya stroitel’nyh vuzov i fakul’tetov / M. YA. Sapozhnikov. - Moskva: 3. Kalekin V.S. Processes and devices of chemical technology: Mass transfer and mechanical Predstavitel’skij. SHkola, 1971. - 382 s. processes: studies. allowance. At 2 pm. Part 2 / VS Kalekin. – Omsk: Publishing house of Omsk 5. Silenok S.G. Mekhanicheskoe oborudovanie predpriyatij stroitel’noj industrii: Uchebnik dlya state technical University, 2007.– 200 P. studentov special’nyh. «Avtomatizaciya i kompleksnaya mekhanizaciya stroitel’stva» / S.G. 4. Sapozhnikov M. J. The Mechanical equipment of the enterprises of building materials, Silenok. - Moskva: Strojizdat, 1973. -374 s. components and structures: a textbook for engineering universities and faculties /M. Y. 6. Mejnel A. Istoriya skrining-tekhnologii: ehkran kalibrovki i separacii iz 20-go veka do n. Sapozhnikov. – Moscow: Vyssh. school, 1971. – 382 p. eh. do nachala 20 veka nashej ehry / A. Mejnel // Ochistka i tekhnicheskaya pererabotka 5. Silenok S.G. Mechanical equipment of enterprises of the construction industry: textbook for mineral’nogo syr’ya. - 2008. - №3. - S. 6-27. University students on spec. «Automation and complex mechanization of construction» /S. 7. Vibracionnye mashiny i tekhnologii / S. F. YAcun [i soavt.]. - Baku: EHlm, 2004. - 408 s. G. Silenok. – Moscow: Stroiizdat, 1973. -374 P. 8. Kalashnikov V.I. Problemy ispol’zovaniya otsevov drobleniya [EHlektronnyj resurs] / V.I. 6. Meinel A. History of screening technology: screen sizing and separation from the 20th Kalashnikov. - Dostup: http://www.gkeconomstroy.ru/index.php/katalog-statey/item/12- Century BC to the early 20th Century AD / A. Meinel// Aufbereitungs-Technik / Mineral problemy-sispolzovaniem-otsevov-kamnedroblenya. Processing . – 2008. – No. 3. – pp. 6-27. 9. Lavshonok A.V. Lekcij po kursu «Mashiny dlya proizvodstva stroitel’nyh materialov» 7. Vibration machines and technology /S. F. Yatsun [and others]. – Baku: Elm, 2004. – 408 p. [EHlektronnyj resurs] dlya studentov special’nosti 7.090214 «pod»emno-transportnye, 8. Kalashnikov V.I. The problems of the use of screenings canadaline [Electronic resource] / stroitel’nye, dorozhnye, meliorativnye mashiny i oborudovanie» (PTM) / A.V. Lavshonok, N. V. I. Kalashnikov. – Access mode: http://www.gkeconomstroy.ru/index.php/katalog-statey/ Hicenko, A.V. Merzlikin. - Doneck: Doneckij Nacional’nyj Tekhnicheskij Universitet, 2007. - item/12-problemy-sispolzovaniem-otsevov-kamnedroblenya. 88 s. - Dostup: http://dmo96.ru/load/0-0-0-58-20. 9. Lawsone A.V. Lecture notes for the course «Machines for the production of construction 10. Oborudovanie dobychi [EHlektronnyj resurs]. - Dostup: http://www.astecworld.com/ fajly / materials [Electronic resource]: for students majoring 7.090214 «Lifting-transport, building, Astec% 20Mining% 20Brochure% 20Russian. Format PDF road, reclamation machines and equipment» (PTM) / A.V. Lawsone, N. V. Kizenko, A. V. 11. Osobennosti kachestvennogo skrininga [EHlektronnyj resurs] // Gornyj. - 2007. - №6. - S. Merzlikin. – Donetsk: DonNTU, 2007. – 88 p. – access Mode: http://dmo96.ru/load/0-0-0- 42-43. - Dostup: http://www.mining-media.ru/ru/article/gorobor/871-osobennosti- 58-20 vysokochastotnogo-grokhocheniya 10. Equipment mining [Electronic resource]. – Access mode: http://www.astecworld.com/ files/ 12. Raskin H.I. Primenenie fizicheskoj kinetiki k zadacham vibracionnogo vozdejstviya na Astec%20Mining%20Brochure%20Russian.pdf sypuchih sred / H. Raskin // dan SSSR, 1975. - T. 220, № 1. - S. 54-57. 11. Features high quality screening [Electronic resource] // Mining industry. – 2007. – No. 13. Rossijskij rynok nerudnyh stroitel’nyh materialov. 2013 [EHlektronnyj resurs] // 6. – pp. 42-43. – Access mode: http://www.mining-media.ru/ru/article/gorobor/871- AltoCjnsultingGrou: na sajte kompanii. - Rezhim dostupa:http://alto-group.ru/ osobennosti-vysokochastotnogo-grokhocheniya analitika/127-rossijskij-rynok-nerudnyx-stroitelnyx-materialov-2013-g.html 12. Raskin H. I. Application of methods of physical kinetics to problems of vibration exposure on 14. Targ S.M. Kratkij kurs teoreticheskoj mekhaniki: Uchebnik dlya tekhnicheskih vuzov / Targ bulk environment /H. I. Raskin, « DOKL.– 1975. – Vol. 220, No. 1. – pp. 54-57. S.M. - 12-e izd., Starshij. - Moskva: Vysshaya SHkola, 2002. - 416 s. 13. Russian market of nonmetallic construction materials. 2013 [Electronic resource] // 15. CHislennoe issledovanie aktual’nyh problem mashinostroeniya i mekhaniki sploshnyh i AltoCjnsultingGrou: company website. Mode доступа:http://alto-group.ru/analitika/127- sypuchih materialov metodom krupnyh chastic. V 5 t. T. 2 / YU. M. Davydov [i soavt.];. YU. rossijskij-rynok-nerudnyx-stroitelnyx-materialov-2013-g.html M. Davydova. - Moskva: Nac. Akad. Prikladnyh Nauk, Mezhdunar. Associaciya razrabotchikov 14. Targ S.M. Short course of theoretical mechanics: a textbook for technical colleges / S. M. Targ. i pol’zovatelej metoda krupnyh chastic, 1995. – 573s. – 12th ed., erased. – Moscow: Higher school, 2002. – 416 p. 16. Lazutkin A.V. Ispol’zovanie otsevov drobleniya - vazhnyj faktor ehkonomicheskogo rosta 15. Numerical study of actual problems of mechanical engineering and solid mechanics and predpriyatij nerudnoj promyshlennosti / A. Lazutkin, V.P. ZHukov // Stroitel’nye materialy. - granular media by the method of large particles. 5 T. T. 2 / Yu. M. Davydov [and others]; Ed. 2003. - №11. - S. 6-7. Yu. M. Davydov. – Moscow: NAT. Acad. Of applied Sciences, Intern. Association of developers 17. Nisnevich M.L. Ispol’zovanie otsevov drobleniya gornyh porod v tekhnologii betona / M.L. and users of the method of large particles, 1995. Nisnevich, G.A. Sirotin // Stroitel’nye materialy. - 2003. - №11. - S. 8-9. 16. Lazutkin V.A. The Use of the crushing is an important factor of economic growth of the 18. Sehjvidzh S. Neustojchivost’ neogranichennoj odnorodnoj zernistoj smesi / S. Sehjvidzh // enterprises of the non-metallic industry / A. V. Lazutkin, V. I. Eyrich, V. P. Zhukov // Building ZHur. Mekhanika zhidkosti. - 1992. - V. 241. - S. 109-203. materials . – 2003. – No. 11 . – pp. 6-7. 17. Nisnevich M.L. The Use of screenings of crushed rock in concrete technology / M. L. Nisnevich, REFERENCE TO ARTICLE G. A. Sirotin// Building materials . – 2003. – No. 11 . – pp. 8-9. Rudakova E.V. (2015) Information model for calculating power spiral screw inertial 18. Savage S.B. Instability of unbounded uniform granular shear flow / SB Savage//J. Fluid screening machine, Contemporary Problems of Social Work,Vol. 1. No. 1. 2015. P. 146-157. Mech. – 1992. – V. 241. – pp. 109-203. DOI: 10.17922/2412-5466-2015-1-1-146-157.

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In this category of the cities both positive, and negative consequences of carrying out social and economic reforms are most sharply shown. Development of the small and average cities more causes further social and economic development of regions and the country in general. In Shimanskaya I.Yu. this regard, problems of social and economic development of the small and average cities and Postgraduate student, Department of State, municipal management strategic management of this development gain the special importance [5, P. 28]. and social engineering, Russian State Social University, Moscow. The small and average cities, carrying out social, economic, geographically – population E-mail: [email protected] distribution functions, provide integrity of the country. Therefore effective use of their Kabanova E.E. resources, and, first of all, the population, is a huge value for Russia. Postgraduate student, Department of State, municipal management The problem of complex development of the small and average cities of Russia is one of and social engineering, Russian State Social University, Moscow. actual as in the scientific and practical plan. The region level of development in general, social E-mail: [email protected] and economic wellbeing of his citizens in many respects is defined by development of small and Shalashnikova V.Yu. average cities. During the difficult period of transition of the country to life in new economic Postgraduate student, Department of State, municipal management and social conditions average and small cities were almost defenseless. Their inhabitants more and social engineering, Russian State Social University, Moscow. than someone, felt decline in production, closing sometimes of the only plant in the city, a delay E-mail: [email protected] of payments of the earned payment, etc. Verdyan N.G. During crisis of world economic system of the industry town suffered more strongly, than Postgraduate student, Department of State, municipal management other territories of Russia. Owing to narrowness of labor market crises of the city-forming and social engineering, Russian State Social University, Moscow. enterprises cause large-scale and long-term local unemployment. Unemployment in the small E-mail: [email protected] and average cities has negative consequences not only for these settlements (decrease in УДК 316.4 DOI 10.17922/2412-5466-2015-1-1-158-167 taxable base, dependence on subsidies of budgets, rise in crime, etc.), but also bears threat of social and political stability nationally. It is possible to tell that the vulnerability of single-industry economy to the crisis – one of its main features. Diversification makes development of industry towns steadier, development Actual socially-economic problems of other branches, besides city-forming, and decrease in dependence of the city on work of the city-forming enterprises can. One of such branches the industry of tourism can become of the small and average cities of Russia as the prevailing part of the small and average cities of Russia possesses huge potential for development of cultural and informative tourism, being a historical basis of the Russian statehood, national culture and national traditions [2, P. 1445]. Receiving date: Preprint date: Taking to print date: The small and average city has certain properties which form bases of social and economic 13.03.2015 27.03.2015 30.03.2015 stability, cultural standards and traditions; are the mechanism of the self-organizing interaction of sociocultural spaces of social communities; define conditions for development of the Annotation: Article is directed on identification actual socially – economic problems and justification of their influence on development of the small and average cities of Russia. On the basis of the carried-out operating city communities on self-organization bases. theoretic-empirical analysis the main problem spheres are revealed and activities for their elimination are The small and average cities is a special link in structure of internal and entrance tourism of defined. In article the important role of cultural values, educational system, tourist and infrastructure appeal any country. of the small and average cities which development will help to overcome lag of the small and average cities, One of the major problems socially – economic development of tourism in small and the both in social, and in the economic sphere is emphasized. average cities is ensuring sustained economic growth and increase on this basis of a standard Key words: complex development, tourism, infrastructure, culturally – historical heritage, secondary vocational education, qualification. of living of the population. Tourism for the periphery is the most serious, and sometimes and the only source of economic Development of the market relations, formation of new forms of managing proceed development. indissolubly with processes of transformation of the cities, city consciousness, city culture and The Russian province is a real “pot of gold” for tourism development: the most beautiful creation of a specific urban environment. Not incidentally to research of social and economic landscapes, unique historical monuments, the cities which kept the originality. But, development of the small and average cities keen interest of representatives of various unfortunately, this tourist potential is used not at full capacity. scientific disciplines – geography, town planning, economy, history, sociology, ecology, etc. is Each municipality looks for own ways of travel business, but all small cities face identical shown now. It is caused by that the small and average cities do not only keep, but also continue problems. The main common problem – is insufficiently developed infrastructure and low level to concentrate the economic, demographic, financial, intellectual, cultural potential of society of service. Improvement of the small and average cities doesn’t meet the modern requirements, [3, P. 965]. Essential changes in connection with transition to the market relations are defined the city-forming base of the cities is destroyed, and new productions are practically not created. by economic and social characteristics as regions and areas, and municipalities. Most these From here high unemployment, low level of the income of the population, social tension, is changes concerned the small and average cities where decentralization of management of observed intensive outflow of the population, migration. The lowest level of local taxes, social and economic processes had the most serious consequences. In modern conditions absence of investment projects, insufficient legislative base aggravate this situation [1]. And, activization of a role of the small and average cities in regional development gains key value. at last, professional personnel is not less important problem. In the small and average city it is

158 159 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 felt especially sharply: there are no the people who are professionally prepared and in tourist The effective solution of these problems in the sphere of culture requires is an attraction as industry, in services industry. business structures, and the public. Specialized exhibitions on protection of objects culturally – Tourism acts not only as an economic resource, but also as an important component of public historical heritage, professional competitions, and also various projects by means of which and economic life of the cities and society therefore its development will provide necessary promoting of objects culturally – historical heritage will be carried out have to become such support in development of a number of regions and the historical cities. And processes of the mechanisms of attraction. increasing urbanization of the cities and areas lead to search of new types of tourism in the Carrying out regular monitoring about a condition of objects culturally – historical heritage direction of ecological, rural, informative, cultural and short-term rest is closer to the nature. and sociological polls of the population about the provided services in the sphere of culture, Russia possesses huge potential for development practically of all types of tourism, especially will help to increase interest and level of knowledge at residents of each city. culturally – informative, cruise, event, ecological, rural, has a large number of cultural, historical, Also the role of the state in the sphere of culture changes. If earlier it carried out mainly architectural monuments, natural and recreational sights. The complex solution of problems of financing of this branch, now it becomes one of participants of realization of cultural policy development of tourist activity will allow to create a positive image of the country favorable for and creates favorable conditions for all subjects. Thus the system of financing becomes more visit, to keep an originality of the architectural and spatial environment and cultural heritage of complicated: along with the state subsidies, there are private deposits, own income of the historical settlements and to provide their rational use both for tourists, and for inhabitants [4]. organizations of culture. The sphere of culture is already perceived as a resource of social and Thus, development of tourist branch in the Russian Federation is closely connected with economic development of the territory. In this regard, various regions in realization of the active policy of preservation of cultural heritage of the people of our country which acts as cultural policy have to be guided first of all by the mechanism of social partnership which will a significant economic resource. Orientation to historical and cultural wealth becomes one allow to combine efforts of government institutions and the private sector, applying various of real opportunities of perspective social and economic development of a number of regions forms of public-private partnership (for example, such as concession, special economic zones, and cities of the country. The complex of cultural and historical heritage is a specific and very investment fund, rent (leasing), the production sharing agreement, the state contracts, joint important economic resource of the region, it can and has to become one of the perspective ventures, infrastructure bonds) that will allow to solve problems of the welfare sphere more directions of realization of social policy and development of local economy, an important factor effectively and in a complex. of spiritual life. Positive examples of practice of social partnership in the sphere of culture are and More and more fixed is an interest in objects culturally – historical heritage in the different abroad, and in our country which show that cooperation of the state and private sector yields cities of the country which are unique values for citizens of the Russian Federation, form image impressive results. Also this type of partnership is capable to solve also the problems concerning of each city and country in general. This interest is shown as the power structures which are development of infrastructure of the small and average cities. looking for opportunities to declare the territory in regional and federal scale in search of Passing to features of a structure of infrastructure of the small cities, it should be noted competitive advantages, and simple residents of the cities and villages who in cultural richness that for each subject the individual approach to classification depending on climatic, historical, of the earth look for psychological and economic stability. social and economic and other factors is inherent. But in the generalized component feature of However the current state of culture is characterized by a number of negative tendencies: infrastructure of the small cities is defined by the following factors: deterioration of a material condition of objects of culture, absence in them the necessary • transport availability; equipment, deterioration of a condition of safety of immovable historical and cultural • availability of all necessary services and services, beginning with the state services and monuments. The cultural heritage of the people of Russia is in a serious condition, especially in finishing with trade services; the small and average cities of Russia. Today destruction of historical and cultural monuments • existence of enough public spaces [10]. is observed; only an about 35% are in a good or satisfactory condition [9, P. 298]. In this The infrastructure of the small cities is the base of level and quality of life of the population. regard there is a problem as preservations of cultural heritage, and its demand and updating. All Dependence of development of infrastructure and life of the population gains directly this conducts to loss of cultural interaction between generations and destruction of national proportional character today. On an infrastructure level of development which decides on the culture. help of the sociological analysis, it is possible to judge degree of satisfaction of requirements of Indicators of obvious trouble in the field of culture is deliberate destruction of monuments the population, to requirements of a modern civilization. So, for example, during the conducted or their physical destruction owing to lack of elementary leaving, inadmissible use, modern research in the small city of Kyakhta (number about 18 000 people). More than a half of buildings leads to loss for centuries of the developing originality of the historical cities, respondents had the higher education, permanent job and a family, but at a question estimate settlements. The reason of it in many respects consisted in the current legislation, to be exact the level of your life – 58% specified “low”, and from 112 respondents the high standard of in its gaps. Responsible for destructions of cultural heritage remained unpunished, it in turn living wasn’t specified by anybody. And this phenomenon is directly connected with that resulted in immorality, to losses of historical memory, traditions, cultures. Also discrepancy of in an assessment of functioning of spheres, the population most of all chose an assessment scale of a problem to those means and levers of influence which are available at the disposal of “well” – 60% of total number of the chosen categories. Therefore the tendency “The low level of the organizations and institutions dealing with issues of protection and restoration of historical functioning of infrastructure a low level of quality of life of the population” is natural. and cultural monuments remains. Today, the overall picture of a condition of the small cities is in social, economic, spiritual Historical heritage, falling of level of culture of the population of the country is one more desolation. Results of the conducted research in Kyakhta the Republics of Buryatia stood fact which confirms need of preservation and updating of objects culturally. It is confirmed by the extremely negative on hind legs, functioning of all spheres of activity, and from it and reduction of volume of knowledge in the field of literature, art, music, and more at youth, and dissatisfaction of needs of inhabitants. So functioning of the sphere (on the greatest selection) also lack of careful attitude to objects of cultural and historical heritage speaks about falling housing and communal services received an assessment “badly” – 36%, “Utilities” – it is of moral at teenagers. “bad” – 35%; also to an assessment such spheres as “leisure” (40%), “culture and art” (39%)

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“badly” corresponded; “well” “transport” (42%), “the consumer market” (57%), “safety” (50%), 2009-2012 and till 2017” in point No. 12 of “the offer on the mechanism of formation of actions “communication” (51), “a construction complex” (41%), “education” (45%), “health care” (62%), of the target program” in the block of regional events. “physical culture” (47%), “social protection” (43%) estimated. And it should be noted that any At realization of this norm in a positive context, it is possible and it is necessary to fix sphere on the frequency of selection isn’t characterized by an affirmative answer – “well” or in the Decree of the Russian President on April 28, 2008 No. 607 “About an assessment of “perfectly”. efficiency of activity of local governments of city districts and municipal areas” (in an edition. This research showed that the infrastructure and its functioning doesn’t give due return for The decree of the Russian President of 13.05.2010 No. 579) which submits the list of indicators the population of the city. This research gives not only “overall picture” of a condition of the of an assessment of efficiency. At positive development of experience further to enshrine this city, but also helps to establish the reasons and mechanisms of elimination of the presented norm and in the Federal Law No. 131-FL of 06.10.2003. “About the general principles of the problems. Finding out relationship of cause and effect of this situation it is possible to adduce organization of local government in the Russian Federation”. As the initiator of this idea the a set of arguments which are clear to each citizen of the country today: imperfection of the union of the small cities of Russia as one of institutes of democratic society can act. It is federal and regional legislation, corruption of officials, insolvency of system of the power in the also necessary to note the mechanism of control which can assume the union of the small country, the region and the small city including. cities or subjects of public control. This mechanism is conceptual, far-sighted and focused on Within research respondents answered the question “That, in Your Opinion, Will Be Able to improvement of social and economic welfare of the population of the country, and it is one of Make Social Infrastructure of the City more qualitative and better” the following: “To carry the priority purposes for the state. out repair of roads and sidewalks; quality control of products; to adjust work of housing and Throughout the part concerning the priority directions the state is also more whole, it is communal services; work of bodies of Gossanepidnadzor up to standard; increase of salaries; possible to allocate such indicator as an education system. to reduce the prices; to replace deputies; replacement of the head of the area; to increase Education level of development is one of the most significant conditions of social stability of pensions; affordable housing; to lower tariffs for the electric power; to open Recreation center; society. Problems of education are especially actual for modern Russia as it is the main property to improve education; to build more; to reconsider aspects of a development of the city and the of the nation. The right for education, perhaps, should be put at once after the right for life. area; control over officials; to the city comfort and coziness; to improve education; quality of Anything so doesn’t guarantee strong situation in life, as education. It can be given, but to services of health care; to increase city budget; to be kinder; competence of civil servants”. Of deprive of it is already impossible. Today at the state level education is declared by one of the course, it is obvious that these recommendations revealed by respondents have local character. main priorities of the Government of the Russian Federation. For the solution of these problems the integrated approach is necessary. Therefore, it is Of course innovative development of regional economy depends from quality education necessary to allocate the concrete fundamental mechanism for the solution of problems of the not only the highest, but also an average professional. This development is naturally possible small cities. only on the basis of ensuring the modern production creating a material basis for all regional For elimination of problems of the small cities which are generally caused by an insufficient population and these are undoubtedly perfectly prepared, qualified personnel. level of development and a bad condition of infrastructure (in a functioning assessment Secondary professional education is the certain level of system of professional education the population most of all chose an assessment “well” – 60% of total number of the chosen taking an important place in satisfaction of educational needs of the personality and society. categories), it is necessary to conduct in each region of the small cities to the research centers The system of secondary professional education is included into open spaces of new (scientific research institute of regions) these researches, and the obtained empirical data have century not in the best light, not in its best form. The reasons, undoubtedly, both demographic to be used as a basis for formation of forecasts of development of the small cities (so in research recession, and expansion of availability of higher education were. Actions for that period of among the population of the city of Kyakhta the negative perception of the population was employers who even in the presence of opportunities, didn’t try to increase and increase quality felt by work of local authorities – 30% pointed to that, change of the head and deputy corps of education, to improve working conditions can’t remain unaddressed and saved on a salary. can influence improvement of life). But those data which will be obtained during research, has To this fact there is an explanation if to go deep a little into history, the state after crisis to become the base for development of documents of municipalities of social and economic in 1998 ceased to give support to secondary professional education therefore heads had to development, concepts and so on. Thus, administrations of municipalities will be able to attract squeeze out independently and they took extreme measures. However now it became obvious to almost necessary information material in development of development of municipality, within creation of innovative market economy that highly qualified personnel in system of secondary dialogue between local authorities and society that will be able to satisfy interests of the last. professional education is necessary. The Russian Federation on indicators of preparation of And besides will increase prestige of work of a city administration. And it is especially important such shots considerably concedes many to the developed countries. The Russian President V. V. point. Professionalism of municipal employees in modern conditions, irrespective of an essence Putin showed that shortage of highly qualified personnel came out on top, having overtaken on of the future reforms, was, is and will be invariable criterion of success of reforming of local value other serious problems of society. government [8, P.10]. Training of skilled workers and mid-level professionals is an integral part of education and Realizations of the idea will not only qualitative result for small towns, but also for the one an important component of sustainable and effective development of human capital and subject of the Russian Federation, in general. Besides, these norms, have to be reflected and socio-economic development of the Russian Federation as a whole. enshrined in normative legal acts of subjects and the small cities. As the offer for improvement The domestic sphere of primary and secondary professional education and preparation of this problem, I see expedient, within conceptual approach for the government of the Russian passed a difficult historical way of formation – from separate workshops and craft schools Federation it is necessary to enter the trial program for an experimental platform of certain to a network of factory schools and further, to full-fledged system of technical training territorial subjects of the Russian Federation. In foresight of development of this norm, it is colleges and technical schools. Thus at all stages of the development the system of primary quite real and possible to bring it in the concept of the project “The federal target program of professional and secondary professional education was formed according to a social and social and economic development of the small and average cities of the Russian Federation for economic situation in the country, providing during various periods of historical development

162 163 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 of the state by skilled workers with shots and experts of an average link real sector of economy • preservation and updating of objects culturally – historical heritage will help to solve and the social sphere. problems both in economic, and in the social sphere, will raise the level of spirituality, moral of Bases of current system of primary professional and secondary professional education in the the population; Russian Federation are put in the middle of the last century when in an education system at first • the underdeveloped infrastructure is one more factor of lag in development of the small were allocated, and then initial and average levels of professional education are organizationally and average cities; issued [7]. • the system of vocational education and the level of training of qualified personnel is in Undoubtedly, there are positive sides and tendencies of development of system of secondary decline. professional education, but these positive processes don’t speak about lack of serious problems The solution of these problems will promote recovery from the crisis of the small and average in training of skilled workers and experts. cities, overcoming of lag from the leading regions, and also to their more effective development, The first it should be noted that demand advances the offer. Domestic productions need involvement of tourists, a raising of their spiritual, moral culture, and also increase the level of highly qualified specialists of an average link, but the personnel reserve doesn’t satisfy education and qualification of personnel. requirement of the enterprises. Secondly, the problem of updating and development of fixed assets is an actual. This References in English: decision is slowed down by insufficient investments and volumes of the budgetary financing (in 1. Andryukina L. A. Historic-cultural heritage – based tourism development in small towns in comparison with other education levels) and absence of economic incentives for investments Ryazan region // Culture and education. – December 2014. – No. 12. 2. Kabanova E. E. 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DOI: but also remembered that the economy more needs shots of an average link. 10.5829/idosi.wasj.2014.30.mett.25 The general result of existence of the called problems: last year reception in technical 16. Makeeva D. R., Kryukova E. M. Analysis of world and Russian best practices of strategic schools and colleges only on technical specialties on the budgetary basis was reduced almost development of mono-towns.//World Applied Sciences Journal. 2013. Vol. 1. No. 27. pp. by 10%, and on the paid – for 30%. Without solution of a number of the above problems in the 167-171. future, – today’s deficiency of students will become deficiency of production shots. 17. Kryukova E. M., Makeeva D. R., Konovalova E. E. 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organization of innovative activity, presence of requirement for innovative activity, the system of personal and business leadership qualities of the head [1. P.25]. The general structure of innovative potential of the person is considered in the modern Soldatova O.D. literature from the point of view of laws of functioning of motivational, emotionally-strong- Candidate of psychological sciences, Department of Psychology, willed, informative spheres, and also individual psychological features of the subject of activity. Russian State Social University, branch in Pyatigorsk. One of the most important components is the cognitive sphere and, in particular, system of E-mail: [email protected] УДК 37.014 subjective representations of the person about essence of innovative activity, psychological DOI 10.17922/2412-5466-2015-1-1-168-171 features of participants of creation and development of innovations. In the relation to any innovations the big individual distinctions both between people, and between different groups are always shown. But behind this differences can be seen recurring, typical. So, it was offered to A.L. Zhuravlyov was requested to provide various types of people To the problem of innovative potential by their relation to innovation depending on the manifestations of the three psychological components: of the personality of the head of educational institution – psychological readiness for innovations (a motivational component); – readiness to ability to live in new conditions (knowledge, abilities, skills, experience, etc.); – real activity (action, acts, activity). Receiving date: Preprint date: Taking to print date: Different combinations of desires, knowledge and actions have allowed A.L. Zhuravlyov to 13.03.2015 27.03.2015 30.03.2015 allocate following socially-psychological types of people: Annotation: Most researchers basic condition providing productivity of system innovations in educational – “active reformers” (wish changes, are able to work in new conditions and actively operate); institution, are inclined to consider innovative potential of the organization. The innovation potential of the – “passive reformers” (wish, are able, but do not operate); organization is a complex entity, by which is meant the totality of conditions and resources for the successful – “passively-positively concerning innovations” (basically wish changes, but are not able implementation and the development of innovative processes.The innovation potential of the organization and do not operate); includes: – “overcoming” (are able and operate, but do not wish changes); – the innovation potential of the head; – the innovation potential of the community; – “inefficient” (wish and operate, but are not able); – social, material, social and cultural conditions; – “waiting” (are able, but do not wish and do not operate); – conformity of structure and the management maintenance in educational institution to mastered – “blind executors” (the expressed desire is not present, are not able, but operate in innovations. a direction of changes by means of others); The main component of this system of conditions is the innovative potential of the person of the head – “passive opponents” (do not wish, are not able and do not operate); of educational institution. The innovative potential of personality of leader of educational institutions is made up of professional competence, the readiness for the organization of innovative activity, presence of – “active opponents” (do not wish, are not able and act against changes) [2. P.20]. requirement for innovative activity, the system of personal and business leadership qualities of the head. You can group employees in other ways, however, the important thing is that the various There are qualitative distinctions in individual concepts between successful innovators and those who evading social and psychological types of people must be judged differently, and work with them in from innovative activity. Effective innovation activities can be performed only adequately personally and different ways. Psychologists underline, that any transformations are inefficient, if they lean professionally oriented leader with the dominant motive for personal self-actualization in the professional against the concept of «the average unified person» or are calculated on dementalizing labor sphere. Key words: innovative potential of the organization, innovative potential of the person of the head, groups and social classes. Simplification of socially-psychological typology, underestimation innovator, innovative dispositions. of its importance or especially its ignoring are extremely dangerous in a situation of intensive changes [3. P.82]. Most researchers basic condition providing productivity of system innovations in educational M.V. Chigrinova notices, that increase of innovative potential of the person can be carried institution, are inclined to consider innovative potential of the organization. The innovation out to means of reorganization of the individual concepts which subject are requirements potential of the organization is a complex entity, by which is meant the totality of conditions to personal resources of effective innovator. There are qualitative distinctions in individual and resources for the successful implementation and the development of innovative processes. concepts between successful innovators and those who evading from innovative activity. These The innovation potential of the organization includes: differences are in the views of heads about their role in the innovation process, creative approach – the innovation potential of the head; in solving innovative tasks, in the strategies of psychological effect on the team, reflecting the – the innovation potential of the community; significance of communicative competence in professional activity [4. P.9]. – social, material, social and cultural conditions; To describe, explain, interpret the behavior of individuals and groups in different changes – conformity of structure and the management maintenance in educational institution to O.S. Sovietova offers the concept of innovative dispositional system of personality, or types of mastered innovations [1. P.24]. innovative dispositions. [5. P.85] The main component of this system of conditions is the innovative potential of the person Investigating innovative dispositions, O.S. Sovetova according to the general dispositional of the head of educational institution. The innovative potential of personality of leader of concept considers them as complete system of the general and especial predispositions of the educational institutions is made up of professional competence, the readiness for the person to changes. This hierarchy has several levels: 1) an innovative synthesis of disposition;

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2) estimated characteristics related to innovations in various areas of life; 3) estimated 6. Organization theory and organizational design (a Handbook on non-classical methodology) / characteristics of relationships in a particular professional activity [5. P.95-96] edited by T. P. Fokina. – Saratov, 1997. Results of researches have allowed O.S. Sovetovoj to draw conclusions that concrete 7. Managing the development of innovative processes in the school. / Under the editorship of T. I. Samovol. – M.: Prometheus, 1995. innovative installations in professional work change more strongly under the influence of level 8. Chigrinova M. V. Psychological tools to improve the innovative capacity of the head of the // of the generalized dispositions, than the generalized innovative disposition under the influence author. dis...candidate. crazy. Sciences. – Kiev, 1989. of concrete installations. These data testify to integrity innovative systems of dispositions [5. 9. Ilina I. Yu., Kryukova E. M., Zotova A. I., Chardymskiy M. G., Skudareva N.Z. SCIENTIFIC P.103]. At the same time, it is necessary to mean, that different levels innovative hierarchies DEGREES AS A STATUS CHARACTERISTIC OF RUSSIAN UNIVERSITY TEACHERS//International can be independent both rather independent and unstable according to a situation in a society, Education Studies. 2015. Vol. 8. No. 5. pp. 165-172. 10. Kryukova E. M., Makeeva D. R. the Role of experts in the assessment and certification of in concrete professional work. qualifications of personnel in the sphere of service.//Bulletin of the Association of In the context of the problem deserves attention work E.A. Iskandarova, who expands the Universities of tourism and service. -2013. – No. 1. pp. 9-14. notion of innovation-oriented leader. Innovative customer focus of the head it is considered as 11. Kryukova, E. M., Makeeva D. R. Personnel certification as a tool to improve the quality of its generalized social installation to any innovations (in general), shown in customer focus on services of the companies of sphere of service.//National interests: priorities and safety. prospects of development of the organization and collective headed by him [6]. 2012. No. 14. pp. 29-34 As empirical indicators of innovative customer focus of head E.I. Iskandarov allocates References in Roman script: the following: customer focus the head on prospects of development of the organization; 1. Zhuravlev A.L. Social’naja psihologija lichnosti i malyh grupp: nekotorye itogi issledovanija the volume of time spent (average in day) on performance of the functions connected with // Psihologicheskij zhurnal.- 1993.- T.14.- № 4 development of achievements of scientific and technical progress, new forms of the organization 2. Igropulo I.F. Teorija upravlenija innovacionnymi processami v obrazovanii kak osnova and stimulation of work, the best practices; orientation of the head to socially-psychological razrabotki upravlencheskoj tehnologii // Glava kollektivnoj monografii «Obrazovatel’no- aspects of innovations; an estimation of the role in innovation realization; innovative activity innovacionnye tehnologii: teorija i praktika» / pod red. Prof. O.I. Kirikova. – Kniga 1. – of the head. Voronezh: VGPU, 2008. 3. Igropulo I.F. Upravlenie innovacionnymi processami v obrazovanii // LAPLAMBERT Academic Study of cognitive, emotional, and behavioral components of the relationship managers Publishing, Saarbrucken, 2011. of organizations for innovation have allowed the author to conclude that the innovative 4. Iskandarov Je. A. Dejatel’nost’ rukovoditelja proizvodstvennogo kollektiva v uslovijah orientation of the head has a well-coordinated system of indicators. The quantity and narrowness novovvedenij. // Avtoref. dis….kand. psih. nauk. – L.: LGU. 1989. -18 s. of communication between blocks of indicators of an orientation, the personality of the head, 5. Sovetova O.S. Osnovy social’noj psihologii innovacij. Uchebnoe posobie. – SPb, Izd-vo SpbGU, its innovative customer focus and indicators of three components of the relation of the head to 2000. 6. Teorija organizacij i organizacionnoe proektirovanie (posobie po neklassicheskoj concrete innovations testify to integrity of dispositional system of the personality of the head. metodologii) / Pod red. T.P.Fokinoj. – Saratov, 1997. Besides, as a result of the analysis of the received data, E.I. Iskandarov has allocated following 7. Upravlenie razvitiem innovacionnyh processov v shkole. / Pod red. T.I. Shamovoj. – M.: factors which influence level innovative customer focus the head of collective: an orientation Prometej, 1995. of the person, i.e. an involvement of the head into the activity; personal success of the head; 8. Chigrinova M.V. Psihologicheskie sredstva povyshenija innovacionnogo potenciala self-realization level; presence of possibility for initiative and self-reliance; availability of the rukovoditelja // Avtoref. dis...kand. psih. nauk. – Kiev, 1989. 9. Ilina I.Yu., Kryukova E.M., Zotova A.I., Chardymskiy M.G., Skudareva N.Z. SCIENTIFIC DEGREES new information on innovations; an educational level and qualifications of heads. AS A STATUS CHARACTERISTIC OF RUSSIAN UNIVERSITY TEACHERS//International Education The head of educational institution not simply realizes itself, sense of the life, making Studies. 2015. T. 8. № 5. S. 165-172. a choice between reproductive way of pedagogical activity and creativity, it will qualitatively 10. Krjukova E.M., Makeeva D.R. Rol’ jekspertov v ocenke i sertifikacii kvalifikacij personala sfery transform himself, reinterprets the professional expectations, has possibilities for development servisa.//Vestnik Associacii VUZov turizma i servisa. -2013. -№ 1. -S. 9-14. of professionally significant qualities, searches and finds ways of the further self-improvement. 11. Krjukova E.M., Makeeva D.R. Sertifikacija personala kak instrument povyshenija kachestva uslug kompanij sfery servisa.//Nacional’nye interesy: prioritety i bezopasnost’. 2012. № 14. Effective innovation activities can be performed only adequately personally and professionally S. 29-34 oriented leader with the dominant motive for personal self-actualization in the professional sphere. REFERENCE TO ARTICLE Soldatova, O.D. (2015) To the problem of innovative potential of the personality of the head References in English: of educational institution, Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 168- 1. Zhuravlev A. L., the Social psychology of individuals and small groups: some results of the 171. DOI: 10.17922/2412-5466-2015-1-1-168-171. study // Psychological journal.- 1993.- V. 14.- No. 4 2. Igropoulou E. F. Theory of management of innovative processes in education as a basis for developing management technologies // the Head of the collective monograph “Educational- innovative technologies: theory and practice / edited by Prof. O. I. Kirikova. – Book 1. – Voronezh: VGPU, 2008. 3. Igropoulou I. F. Management of innovative processes in education // LAPLAMBERT Academic Publishing, Saarbrucken, 2011. 4. Iskandarov E. A. The activity of the leader of the production team in terms of innovation. // Author. dis....Cand. crazy. Sciences. – Leningrad: Leningrad state University. 1989. -18 p. 5. Sovetova O. S. Foundations of social psychology of innovation. Training manual. – Saint- Petersburg, Publishing house of St. Petersburg state University, 2000.

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One of the most significant issues enforcement is excessive judicial police officer-executor. Furthermore, the FTS of Russia shall submit to the court a thousand claims for recovery of tax debt component of several rubles or a few pennies. The penalty for such acts should be implemented Soloviev E.S. administratively by the accrual of additional interest or imposition of a fine, and when the Candidate of sociology sciences, Department of Civil and criminal law, amount reaches a predetermined minimum, the Executive document can be transmitted to Russian State Social University, branch in Pyatigorsk. enforce the Federal bailiff service of Russia. E-mail: [email protected] The law on enforcement proceedings also shares the procedure for compulsory execution Shahnazaryan T.G. against the debtor-organization and the debtor-citizen. Recovery of tax out of the assets of Senior lecturer, Department of Civil and criminal law, the taxpayer (tax agent) – organization shall be effected by decision of the head (Deputy head) Russian State Social University, branch in Pyatigorsk. of the tax authority through within three days from the moment of the passing of this act E-mail: [email protected] УДК 347.7 of the relevant resolutions of the judicial bailiff for execution in the order stipulated by the DOI 10.17922/2412-5466-2015-1-1-172-175 Federal law “On enforcement proceedings”, taking into account the peculiarities stipulated by Art. 46 of the tax code. In this case, as the judicial practice, the imposition of such decision must be preceded by a mandatory direction to the debtor of the requirement to pay tax, in the absence of payment it is decided to collect arrears at the expense of funds of the taxpayer, and Actual problems of forced execution of tax only if no execution may be levied on property of the taxpayer. When carrying out enforcement actions, the measures of compulsory execution, the bailiff obligations in the Russian Federation must consider the sequence of repossession of property of the debtor organization. First of all exaction on movable property of the debtor organization not directly involved in the production of goods, performance of works or provision of services, including securities Receiving date: Preprint date: Taking to print date: (except for securities constituting investment reserves investment Fund), the subject of design 13.03.2015 27.03.2015 30.03.2015 offices, finished products (goods), precious metals and precious stones, products, and scrap of Annotation: Legislation on enforcement proceedings establishes the possibility of applying to the such products. In the second turn – on property rights, not directly used in the production of taxpayer-debtor a number of enforcement measures. However, their use does not always lead to the actual goods, performance of works or provision of services. In a third of all real property not directly fulfillment of tax obligations. The paper proposes the introduction of additional measures against the debtor. involved in the production of goods, performance of works or provision of services. In the fourth Key words: tax, tax liability, executory process, Federal Tax Service of the Russian Federation, Federal part directly used in the production of goods, performance of works or provision of services, Bailiff Service of the Russian Federation, immunity property of the debtor. property rights and participating in the production of goods property: real estate production Taxes play an important role in the functioning and development of any state. Rightly pointed facilities, raw materials, machines, equipment and other fixed assets, including securities out that “...special importance for the state redistributive mechanism and the place that take constituting investment reserves investment Fund. the taxes, leads to the conclusion that the tax is a necessary condition for the existence of the Here arises the problem of the so-called property of immunity debtor-organization, i.e., state” [1]. property that cannot be seized under the Executive production. The law “On enforcement In accordance with h 1 item 8 of the Tax code of the Russian Federation (hereinafter – the RF proceedings” (art 95) refers to the property of the fourth stage, the foreclosure of which can tax code) tax is defined as mandatory, individually grant payment, collected from organizations lead to the liquidation of the debtor organization. This provision is in conflict with p. 4 h 5 tbsp. and individuals in the form of alienation belonging to them by right of ownership, economic 47 of the tax code, giving the opportunity to foreclose on raw materials intended for direct jurisdiction or operative management of funds for purposes of funding the state and (or) participation in the production, as well as machines, equipment, buildings, structures and other municipal formations [2]. fixed assets. However, in practice, the implementation of forced execution of tax obligations of The obligation to pay taxes and fees rests with each individual or organization who judicial bailiffs shall be guided by the Law “On enforcement proceedings” and not the tax code. carry out their activity on the territory of the state. Therefore, the tax obligation is fixed at Levy of execution on property of the taxpayer – physical person shall be in accordance a constitutional level. “So, the Declaration of the rights of man and citizen (part of modern with the Law “On enforcement proceedings”, subject to the provisions of Art. 446 of the Civil constitutional system of France) was devoted to this question, two of the 17 articles, by setting procedure code of the Russian Federation (hereinafter – the civil code of the RF). With the the duty of the citizens to exercise “General fees” for the maintenance of the armed forces collection of taxes (fees) and penalties due to the property of the taxpayer-citizen should be and governance costs (item 13). Recently in constitutional practice began to meet attempts borne in mind that the penalty may not be levied on goods intended for everyday personal use to explain the binding nature of tax exemptions. “Property entails obligations. The use shall of the individual or members of his family. also serve the common good” – we read in the basic Law of the Federal Republic of Germany (p. Article 101 of the Law “On enforcement proceedings” is also a list of the income of the 2 tbsp. 14)” [1]. According to Art. 57 of the Constitution of the Russian Federation, everyone debtor-citizen, which is forbidden to foreclose. shall be obliged to pay legally established taxes and fees. The law on Executive procedure establishes the possibility of applying to the taxpayer- Enforcement of the obligation to pay taxes and levies in the Russian Federation is the Federal debtor of a number of compulsory measures. However, their use does not always lead to the tax service of the Russian Federation (hereinafter – the Federal tax service of Russia) and the real fulfillment of tax obligations. Therefore, some researchers propose to introduce additional Federal bailiff service of the Russian Federation (hereinafter – the Federal bailiff service of Russia). measures to the debtor [3, 4].

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U.S. citizen, did not fulfill the obligation to pay taxes on the basis of the decision of the 8. Legal regulation of taxation in the Russian Federation: the lecture Notes for the first part court may be detained for concealing his property or reluctance to disclose information about of the Tax code of the Russian Federation / Under the editorship of A. N. Kozyrin // ATP him. Such a sanction different from criminal punishment for several moments. There is no “consultant plus”. 9. Financial and economic analysis of the tourism industry enterprise: studies. the manual /O.V. defined term of imprisonment. This means that the person subjected to such enforcement, will Kaurova, A.N. Maloletko, E.N. Podsevalova. М.: KNORUS , 2011. 216 p. be released immediately if you agree to comply with the court order [5]. The arrest of the 10. Kaurova O.V., Maloletko A.N., Miturnikova L.A. Taxes and taxation: the taxation system in the debtor provides and German law [6]. In pre-revolutionary Russia also had measures of personal tourism industry: textbook /М.: KNORUS, 2011. enforcement obligations. The debtor could be limited to the right movement. Chapter 8 of the 11. Kaurova O.V., Maloletko A.N. Shadow costs of collective accommodation facilities//journal of Charter of civil procedure provides for the possibility of stealing his release on own recognizance, Russian entrepreneurship, 2010. № 3. -pp. 154-161. 12. Kaurova O.V., Maloletko A.N. The behavior of the shadow costs of collective accommodation// and, on the basis of a judicial decision, the arrest of the debtor [7]. The introduction of such Economic science, 2010. № 65. -pp. 118-122. measures to the debtor in modern Russia, on the one hand, must have stimulated him to the 13. Maloletko A.N. Monitoring and auditing: proc. allowance. -М.: KNORUS, 2006. – pp. 93-97. performance of its obligations, including payment of taxes, on the other – can lead to greater congestion of prisons and detention houses. Therefore, the conclusion of unfair taxpayer in References in Roman script: custody until the obligations shall become truly a measure of last resort, used only when it is 1. Kozyrin A.N. Nalogovoe pravo zarubezhnyh stran: voprosy teorii i praktiki / A.N. Kozyrin – M., proved the existence of his property and his willful concealment brought only in the courts. 1993. – S. 18. 2. Nalogovyj kodeks Rossijskoj Federacii (chast’ pervaja) ot 31 ijulja 1996 g. (s izm. i dop.) // SZ Currently, there is a practice of limiting the rights of debtors to travel outside the Russian RF. – 1998. – N 31. – St. 3824. Federation. This measure provides only for debtors – physical violence. However, the law 3. Reshetnikova I.V. Ispolnitel’noe proizvodstvo za rubezhom // Pravo i jekonomika. – 2001. – provides as a debtor and a legal entity, often the execution debtor-organization tax obligation N 3. – S. 31. depends on the responsible official parties. Therefore it is expedient to amend the Law “On 4. Jarkov V.V. Osnovnye mirovye sistemy prinuditel’nogo ispolnenija // Problemnye voprosy enforcement proceedings” and to provide a limitation on travel outside Russia officials of the grazhdanskogo i arbitrazhnogo processa / Pod red. L.F. Lesnickoj, M.A. Rozhkovoj / V.V. organizations responsible for the execution of the legal entity of the obligation to pay taxes. Jarkov. – M., 2008. – S. 183. 5. Reshetnikova I.V., Jarkov V.V. Grazhdanskoe pravo i grazhdanskij process v sovremennoj The tax obligation is an implementation of the constitutional installed measures proper Rossii / I.V. Reshetnikova, V.V. Jarkov. – M., 1999. – S. 105. conduct of the taxpayer to pay legally established taxes and fees [8]. A breach of this duty 6. Cedel’ A. Sistema ispolnenija sudebnyh reshenij v Germanii // Problemy ispolnitel’nogo is detrimental not only to the state but also society as a whole, because the power is limited proizvodstva: Sb. st. / Otv. za vypusk S.P. Grishin / A. Cedel’. – N. Novgorod, 2000. – Vyp. 2. – in the possibilities of the implementation of domestic and foreign policy. Injure the interests S. 77. of a large number of citizens who receive livelihood at the expense of the budget of the 7. Svod zakonov Rossijskoj imperii. – SPb., 1912. – T. XVI. – Ch. 1. – S 212. 8. Pravovoe regulirovanie nalogooblozhenija v Rossijskoj Federacii: Konspekt lekcij po Russian Federation. While the ineffectiveness of enforcement of tax obligations encourages pervoj chasti Nalogovogo kodeksa Rossijskoj Federacii / Pod red. A.N. Kozyrina // SPS unscrupulous taxpayers, which leads to an increase of arrears of taxes and levies. “Konsul’tantPljus”. For failure to fulfill tax obligations has legal responsibility. Penalties for violations of 9. Finansovo-jekonomicheskij analiz predprijatija turistskoj industrii: ucheb. posobie/O.V. legislation on taxes and levies are for the most part property (fines are). The application of such Kaurova,A. N. Maloletko, E. N. Podsevalova. M.: KNORUS, 2011. 216 s. measures leads to the replenishment of the budgets of the respective levels. At the same time, 10. Kaurova O. V., Maloletko A. N., Mitjurnikova L. A. Nalogi i nalogooblozhenie: sistema nalogooblozhenija v turistskoj industrii: uchebnoe posobie/M.: KNORUS, 2011. the state should avoid the abuse of his position and transformation of penalties for violations 11. Kaurova O.V., Maloletko A.N. Tenevye zatraty kollektivnyh sredstv razmeshhenija//Rossijskoj of legislation on taxes and fees only in fiscal instrument used solely for the purpose of filling predprinimatel’stvo, 2010. № 3. -S. 154-161. the Treasury [8]. However, it is the efficiency of the use of state coercive measures and legal 12. Kaurova O.V., Maloletko A.N. Povedenie tenevyh zatrat kollektivnyh sredstv razmeshhenija// liability for dishonest taxpayers depends largely on how faithfully the company will fulfill the Jekonomicheskie nauki, 2010. № 65. -S. 118-122. tax obligation. 13. Maloletko A.N. Kontrol’ i revizija: ucheb. posobie. -M.: KNORUS, 2006. -S. 93-97.

References in English: REFERENCE TO ARTICLE 1. Human Resource A. N. Tax law of foreign countries: theory and practice / A. N. Human Soloviev, E. S. & Shahnazaryan, T. G. (2015) Actual problems of forced execution of tax Resource – M., 1993. – p.18. obligations in the Russian Federation, Contemporary Problems of Social Work, Vol. 1. No. 1. 2. Tax code of the Russian Federation (part one) from July 31, 1996 (with amendments. and 2015. P. 172-175. DOI: 10.17922/2412-5466-2015-1-1-172-175. supplementary) // Sz the Russian Federation. – 1998. – N 31. – Article. 3824. 3. Reshetnikova I. C. enforcement proceedings abroad // Law and Economics. – 2001. – N 3. – p.31. 4. Arkov centuries the Major world system of compulsory execution of // the Problematic issues of civil and arbitration proceedings / Ed. by L. F. Lesnicki, M. A. Rozhkova / centuries arkov. – M., 2008. – p.183. 5. I. Reshetnikov Century, Arkov Centuries Civil law and civil process in modern Russia / I. C. Reshetnikov, V. C. arkov. – M., 1999. – p.105. 6. Adel A. the System of execution of court decisions in Germany // Problems of enforcement proceedings: Sat. senior / Resp. for the production of C. P. Grishin / A. Zadel. – N. Novgorod, 2000. – Vol. 2. – p.77. 7. The code of laws of Russian Empire. – SPb., 1912. – T. XVI. – 1 o’clock. – p.212.

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external influences to determine and establish internal policies in the social, economic and other spheres, based on national interests [4]. 3. Using the term “interests”: such state of the economy and institutions, that provides Soynikov M.A. guaranteed protection of national-state interests, social policy orientation, sufficient defense Candidate of economic sciences, senior lecturer Department of civil law and process, capabilities even under adverse conditions of development of internal and external processes Russian State Social University, branch in Kursk [10]. E-mail: [email protected] УДК 338.2 The third definition seems the most reasonable, because the category of “interests”, as well DOI 10.17922/2412-5466-2015-1-1-176-183 as “needs”, is one of the fundamental in sociological, psychological, political, and economic studies. The choice in favor of a specified interpretation can be argued also by the fact, that the sustainability of economic development, and independence in any of the above understandings, are included in the sphere of economic interests of the state [3]. Normative legal acts, regulating Some theoretical problems of economic security the issues of security, operate with category “interests”. Category “national-state interests” in relation to Russia is devoid of internal contradictions and can be used in the formulation of the conceptual definition of economic security [19]. Receiving date: Preprint date: Taking to print date: Analyzing the provisions of the Federal law “On security”, we can come to the conclusion, 13.03.2015 27.03.2015 30.03.2015 that the coincidence of interests of different social actors is presumed, at least, there are no fundamental contradictions between these interests. However, in practice there are often Annotation: The subject of research is the process of ensuring economic security, the main ways to increase the level of economic security of Russia. Purpose is the study of the basic categories, phenomena situations in which the interests of individual subjects may differ and even contradict each and processes associated with ensuring the economic security of the state. other. In this case, consolidating role should be taken over by the state. This is due, firstly, to The study was conducted on the basis of common dialectical methods of socio-economic research the fact that at the moment the civil society institutions in Russia are essentially in its infancy, (description, classification, abstraction, synthesis), a method of systematic analysis, methods of modern they are not yet able to fully perform the functions inherent in countries with well-established research apparatus of economic theory (systemic, evolutionary, institutional), as well as the analysis of and well-developed system of democratic attitudes and values (consolidation of the society, economic phenomena and processes from the point of view of the law. As a result formulated the fundamental definition of «national-state interests» as well as provisions that the smoothing of social conflicts, the expression and the protection of the interests of society, could be used in the development of normative legal acts in the sphere of economic security, in the teaching social groups, personality, etc.) [18]. of economic disciplines and the scientific research. Secondly, the state, understood as a system of legally existing authorities, institutions and The novelty of the work lies in the scientific rationale for the development, adoption and implementation of officials, has a unique among all social, economic and political entities in their ability to Express a new State strategy of economic security of Russia with account of the elaborated principles of its perfection. their will in the form of mandatory adoption of normative legal acts and apply if necessary economic security, national-state interests, stability, independence, threats. Key words: measures for its enforcement. In addition, the state is the subject of geopolitics, international In Economics there are different approaches to the definition of “economic security”. law and international economic relations [20]. This circumstance is due to lack of theoretical development issues of economic security of Thus, on the one hand, the state has the opportunity, using the underdevelopment of civil the state, and the lack of unity in the understanding of the nature and essence of economic society institutions to establish and implement its own interests, in some cases ignoring the security. interests of society, social groups, personalities. In this context, some scholars regard the For this moment, there is currently no single, consistent scientific concept of economic state as something that may conflict with the interests of society as a whole, focusing on the security, despite certain positive results in the study of this phenomenon. administrative aspects of state, indicating that as the economy and the nation differ from state, The problem is compounded by the fact that the phenomenon of economic security is a so economic security differs from national security, and national interests from interests of system, multilevel and dynamic, and in the course of its investigation requires the application state [15]. of knowledge in various fields of science [6]. On the other hand, the state has extensive capabilities in prevention of social conflicts, On the basis of available scientific developments we can distinguish three main approaches minimize or neutralize their effects, contribute to society in the creation and development of to the definition of economic security. civil institutions. Obviously, this option is the most preferred. In any case, at the moment, only 1. Using the term “stability”. Economic security is defined as the state of the national the state is objectively able to establish and implement national-state interests, in particular, economy, characterised by resistance, “immune” to the effects of internal and external factors, in the sphere of economic relations, on the basis of existing in the country and in the world of which disrupt the normal functioning of social reproduction, undermine attained level of life of socio-economic and geopolitical realities. In this case, appear to justify the provisions of the the population, and thereby causing increased social tension in society, as well as a threat to national security Strategy of Russian Federation until 2020, in virtue of which this document the very existence of the state [11]. is the basis for constructive interaction between state institutions, organizations and public 2. Using the term “independence” as a system of conditions and factors, which ensure the associations for the protection of national interests of the Russian Federation and the security independence of the national economy, its stability and sustainability, ability to constantly of individuals, society and the state [5]. update and improve. And “independence” can act not only as characteristics of the national We can also recognize the legitimate and the belief that economic security is not only the economy, but as a synonym of the sovereignty of the state authorities when making their protection of national interests, but also the willingness and ability of government institutions economically and socially important decisions. On this basis, the safe is invited to consider to create mechanisms for the implementation and protection of national interests, national the current state of the economy, which provides the opportunity, without any significant economic development, maintain social and political stability of society. 176 177 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

In the context of the above problem, it is just as important to clarify and define the ratio of regions) versus the interests of the state itself represents a threat to national security, which such concepts as “national security” and “state security”. Focusing on the terminological aspect, can be eliminated or minimized by applying state-of adequate measures of not only economic, it is possible to draw an analogy with other relevant areas of research in economic theory. Thus, but also social, national politics. in the theory of property rights regarding the transformation of these rights in the lexicon of Mechanisms of maintenance of economic safety of such entity of economic relations, as the both researchers and statesmen of the concept of “governmentalisation” – “nationalization”, enterprise (organization, institution, company), and their application is limited by the framework and “privatization” – “denationalization” are used interchangeably. Considering the problem in of the institutional environment, “rules of the game”, established by the state. In addition, in its essential aspect, it is necessary to consider the distinction between the notions of “national” relation to these subjects the concept of “economic security” in most cases is replaced by the and “state”, which consists in the following. concept of “information security”; under threat refers to the negative consequences associated Some authors draw attention to the fact that Russia is a multinational unlike other countries with disclosure of commercial, banking and other secrets, industrial and commercial espionage, (Japan, Poland, Israel and others), where the process of nation-building and state occur violations of copyright and related rights, etc. Possible losses in the form of damages (including simultaneously and are not administrative units on ethnic grounds. In Russia the formation bankruptcy) are covered by an integral component of entrepreneurial activity – risk [1]. of statehood occurred otherwise: by administrative consolidation within the state and ethnic The individual as a subject of economic relations also has a very limited ability to self- communities in the form of Republics, Autonomous districts and Autonomous regions. That provision of their own economic security. They mainly appeal to law enforcement agencies for is why, with regard to Russia offers the concept of “national interest”, “national security” to protection of the violated rights and self advocacy. replace the phrase “public interest”, “state security” or just the interests of Russia, the Russian Thus, in the framework of economic theory is valid the consideration of economic security security [14]. only according to the state as a subject of economic, legal, geopolitical and international In our opinion, such proposals seem unreasonable. According to the UNESCO method relations [2]. of recognizing of the multinational state, the population of which share the same nation The threats to economic security should be considered as a system of direct and inverse (ethnic group) does not exceed two thirds, that is a little more than 66 %. According to the internal links, so addressing the threats should be carried out in their entirety, and not Russian census of 2010, in Russia there 77,71 % of Russians (which exceeds the above set of individually. international norms threshold value), 21,29 % of other ethnicities, even 1 % of citizens did not As national-state interests, threats to economic security are presented as dynamic indicate their nationality. Therefore, the provision of the Constitution of the Russian Federation, phenomenon. Some negative factors affecting the economic system in a certain period of time according to which Russia is a multinational state, can be considered as a mere fact of residence are being neutralized, at the same time, new threats emerge. However, there are a number of in the territory of our country representatives of a large number of nationalities and ethnic threats to economic security inherent in the economic system of Russia and in varying degrees groups. Accordingly, the concept of “national-state interests”, in our opinion, devoid of internal the economies of other states (for example, the criminalization of the economy, environmental contradictions and can be used in the construction of the economic security of the state in pollution, etc.). The negative impact of such factors can only be minimized, completely relation to Russia. eliminate their impact can not be realized. Another feature of the threats to economic security In the framework of the economic theory, this seems not right to consider the category of is the ability to change the intensity of their impact on the economic system in a certain period “economic security” on meso- and microlevel, and its division into kinds (food, environmental, of time. For example, possible in the coming years, on the one hand, the increase in investment scientific and technical security, etc.). activity, and increased depreciation of fixed assets and threats increasing technological The category of “economic security” covers, in addition to the characteristics of the economic disasters [8]. system, a number of parameters of social and public activities, primarily in relation to the chosen Major threats to the economic security of Russia at this stage of its development are: methodology and methods of research, the level of efficiency of public administration and its - the crisis of the system of reproduction of human capital. From the point of view of various branches of government and their institutions and structures, including the judiciary social factors, economic security is a state of the aggregate human capital, protected from and its structural sub-section. These subjects develop and implement mechanisms to ensure negative impacts (threats) and its ability to reproduce. Human potential can be considered economic security. in two interrelated dimensions – quantitative and qualitative. From the point of view of the Based on the specifics of the major threats to the economic security of Russia, it can be first, in Russia since the beginning of reforms there is a clear depopulation, a negative rate of argued that the subjects of the Russian Federation does not possess or have not in full by the natural increase (the natural decline). From the point of view of the qualitative dimension of appropriate mechanisms to counter threats. Thus, in accordance with Art. 71 of the Constitution human capital, the main threat to the economic security of our country is deteriorating public of the Russian Federation, under exclusive jurisdiction of the Russian Federation are: health. World Health Organization defines health as a state of complete physical, mental and - the establishment of the foundations of Federal policy and Federal programmes in the social well-being. From this it follows, that the concept of «health» includes not only medical sphere of state, economic, ecological, social, cultural and national development of the Russian indicators, so this category should not be viewed as medical and socio-economic. The adverse Federation; health condition of the population, depopulation due primarily to social factors. The greatest - establishing the legal foundations of the united market; financial, currency, credit, customs concern is the spread of diseases such as drug addiction, alcoholism, HIV infection (the main regulation, money issue, fundamentals of pricing policy; Federal economic services, including areas of distribution – drug addiction, prostitution), tuberculosis (jail, prison); rise of mental Federal banks; illness, suicide, etc. - foreign economic relations of the Russian Federation; the judicial system; prosecution; civil - low competitiveness of domestic enterprises. This is reflected in the number of negative law; procedural law; legal regulation of intellectual property. phenomena, among them stand out the extremely weak position of Russia in the international Considering the economic security from the point of view of the category of “interests”, it division of labour, import expansion, disadvantageous for the country structure of import and should be noted, that the fundamental contradiction of interests of the region (or group of export. One of the factors for the low competitiveness of Russian products is the reduction

178 179 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 of production capacity due to the high depreciation of fixed assets. Inevitable consequences of economic security of Russia, which would contain: the concept of economic security, of a significant depreciation of equipment, machines and devices are material and human national-state interests and threats to economic security; national-state interests in the losses from man-made accidents and disasters. Besides, researchers believe one of the factors sphere of economic security; a complete list and analysis of long-term and constant threats of reducing the competitiveness of Russian products not even low quality and non-conformance economic security; indicators and thresholds of economic security; the main measures aimed to requirements of foreign technical standards. However, the low competitiveness of the at neutralizing or minimizing negative impacts of these threats; the list of state bodies Russian economy is manifested in the dominance of commodities in Russian exports, Russia’s and officials responsible for implementing the Strategy in a particular area. dependence on imports of many products, including strategic purpose. Foreign trade turnover Based on the conducted research. the following conclusions and suggestions were made. is one of the factors of national competitiveness and economic security of the state. Fuel Economic security is the material basis of national security, and its provision is objectively and raw-material orientation of Russian exports causes a significant dependency of trade and necessary requirement, a prerequisite for the existence and development of the state and balance of payments of the country and its foreign positions from fluctuations in the prices of society. However, it is possible to ascertain the insufficient level of theoretical elaboration of raw materials and fuel on world markets [13]; this problem, and the practical implementation of existing research results and state regulation - property differentiation of the population and increasing poverty. The stratification in the field of protection of national-state interests, threats of economic security of Russia, of society on a narrow circle of highincome individuals, and the majority of the poor people, especially in conditions of transition economy [17]. a significant proportion of the population living below the poverty line, can lead to an The programs of socio-economic development of the country should be developed, exacerbation of existing social relationships. As a result of this differentiation achieved accepted and implemented only on the basis of uniform and consistent scientific concepts relative balance of social interests may be compromised. The increase in the share of the poor and established on the basis of the Government’s strategy for economic security. Priority creates social and criminogenic tension, the ground for the wide use of such anti-social and national projects, despite their importance, rather pursue local goals. No less important than unlawful things as alcoholism, drug addiction, prostitution, organized crime, and so on, which the health, education, agriculture and the provision of “affordable housing”, are measures to ultimately adversely affects the economic security of the state. Currently, there is a tendency, improve infrastructure, combating corruption, safeguarding the environment, the technical according to which population differentiation by income is complemented by a strong and modernization of production, etc. All of the above are an integral part of national economic sustainable differentiation in the quality of health services, education and housing. There is a policy and each of these areas correspond to specific national-state interests and threats to risk of limiting the rights of citizens in the fairness of quality education and health care, which economic security, however, this policy seems to be non-systemized, fragmented, main tasks inevitably leads to a fall in the General level of education, lower spiritual, moral potential of are solved as if independently of each other. Although the most effective way to ensure the the society, the decline of inventive activity and R & d, adverse health, depopulation and other economic security of Russia is a threat to their system, and not individually. negative consequences [7]; The state strategy of economic security of Russia should be developed, accepted and - shadow and criminal economy, corruption. In the shadow of the economic activity of implemented in accordance with the principles of structuring elements of economic security the state budget loses significant funds due to non-payment of taxes and other obligatory on the basis of the system approach; consolidation; the effectiveness of state regulation in the payments. However, the increased danger of the criminal economy, organized crime [9]. sphere of economic security; long-term; internal consistency item [17]. The gang activity is often related to trafficking in people, weapons, drugs and psychotropic The strategy should contain a conceptual definition of the phenomenon of economic security, substances, counterfeit products that have a negative impact not only on the crime situation, national-state interests and threats, and indicators, and thresholds of economic security [16]. but also on the production of human capital and economic security in General. The widespread Also in the proposed document should lead to the most complete list of national-state interests use of domestic corruption interferes with the normal execution of the state social programs, of Russia, external and internal threats to its economic security, quantitative indicators, including large-scale “national projects”. Numerous economic offences provoke, on the one thresholds and indicators of economic security. For the convenience of the location standards hand, the flight of capital abroad, and, on the other hand, the laundering of proceeds of crime. in the text of the Strategy is possible such structuring: the General part contains definitions of The main threats to the economic security of Russia is closely interconnected. For example, concepts, basic principles and provisions of the theoretical issues, all sorts of lists, etc. Special high levels of poverty and property differentiation of the population along with the growth part includes specific measures to neutralize or minimize the negative impact of external and of social tension in society is the growth of the shadow and criminal economy that, in turn, internal factors on the Russian economy. is one of the growth factors asocial phenomena (drug addiction, prostitution, trafficking At the moment, the rules governing social relations in the sphere of economic security in counterfeit products, etc.). The proliferation of these phenomena have a negative effect are spread over many normative and non-normative legal acts, programs of socio-economic on quantitative and qualitative indicators of human capital, resulting in reduced number of development of the country and other documents. Numerous proposals from the scientific working-age population falls productivity. These circumstances may to some extent reduce the community are seldom seen by the public authorities in the adoption of economically and competitiveness of the Russian economy on the domestic and world markets, have a negative socially important decisions. However, until now the scientific community has not formed a impact on the macroeconomic indicators of economic security. unified approach to most concepts, categories and phenomena related to economic security. 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In this regard, it should be stated that in the modern civil turnover, more and more cases, when the interests of different actors face, creating formal criteria for dividing the actual interest and legal. Despite the desire of the legislator to regulate corporate relations in civil Starodumova S.Yu. law, the regulation of the Institute of transactions remained at the mercy of the sub-equity Candidate of legal sciences, Department of civil law legislation, which contains many ambiguous wording, causing heated debate both in doctrine and process, Russian State Social University, Moscow. and in practice. In addition it should be noted that in recent years do not cover this issue, E-mail: [email protected] despite the fact that practical problems that arise during the application of the legislation Golovkin P.A. on related party transactions, becomes only more. In addition, most of the existing works Postgraduate student, Department of civil law and process, are outdated or only affect certain aspects of the concepts. In particular, the study of the Russian State Social University, Moscow. regulation of related party transactions in different time were devoted to the work of K. M. E-mail: [email protected] УДК 347.4 Aliyeva, B. A. Belov, A. N. Borisova, M. I. Bragin, A. C. Gabova, A. A. Glushchenko, O. C. Gutnikov, DOI 10.17922/2412-5466-2015-1-1-184-193 C. I. Dobrovolsky, V. C. Dolinsky, C. D. Zhdanov, A. A. Makovsky, S. D. Mogilev, Ie, The Great, O. N. Sadikov, R. O. Of Sboev, E. A. Sukhanova, M. Y. Tikhomirova, I. W. Faizutdinov, N. In. Fomicheva, I. C. Sitkunai, A. E. Engleskog. Approval of interested party The object of research is the relationship associated with the qualification and approval of related party transactions, as well as relations between the society, its members and third transactions under Russian law parties as a result of such legal facts. The subject of research are the norms of the Russian legislation and in particular, the Federal law dated 26.12.1995, N 208-FZ “On joint stock Receiving date: Preprint date: Taking to print date: companies”1 (Hereinafter – the Federal law on joint stock companies), which regulates the 13.03.2015 27.03.2015 30.03.2015 relations connected with the qualification and approval of related-party transactions. Due to the limitations prescribed in respect of the scope of this work, the emphasis is on the analysis Annotation: the article analyzes the normative legal acts of the transactions. The analysis has been of the regulation of related party transactions contained in the joint legislation. In our opinion, the subject loaded with persons having an interest in the consummation of the transactions the joint stock the practice of joint-stock legislation contains the largest number of controversial issues law. From the analysis of judicial practice, conclusions were drawn as the notion of such transaction and the specifics of the subject composition persons interested in the transaction. In the process of studying the that require legal resolution. In addition, the study includes research of the Russian civilities, notion of transactions, and the order of approval of these transactions by different actors were used scientific jurisprudence and international law, in the part concerning the Institute of transactions. and private methods of cognition: historical-legal, formal-legal, comparative legal, sociological and other The study will be formulated the concept of related party transactions; researched the subject Main method performed in a system-structural, which helped to identify the legal nature of this category in structure of related party transactions; basic criteria of affiliation, which is essential for related the civil law, and the stages and features of their approval. party transactions, as well as the most appropriate criteria for determining the continuity of the The inclusion in the civil law concepts of transactions will fill the theoretical gap and will more accurately transactions; the procedure for approval of related party transactions. classify transactions. Identified the procedure for approval of transactions will clarify and avoid disputes in the procedure for transactions of economic entities. The main method performed in a system-structural, which helped to identify the legal nature Key words: transaction, the transaction with interest, related transactions, the approval of interested- of the related party transactions in connection with other transactions, including interrelated, party transactions, the Board of Directors (Supervisory Board) the General meeting of shareholders. as well as the inner content of such transactions. The combination of legal, historical and comparative legal methods allowed us to identify the At the moment, the Russian Federation stands in the way of reforms, which in substantial specific impact of the historical conditions for the development of related party transactions, in part aimed at increasing investment attractiveness of our country. One of the most important particular the influence of various actors at the conclusion of these transactions. aspects that reflect the willingness of a state to attract serious investment, is the state of Formal legal method made it possible to analyze the legal norms regulating relations on the corporate law. Unfortunately, the legal regulation of corporate relations at the national level approval of interested party transactions. On the basis of the sociological method, grounded is at the stage of formation, which often causes difficulties in the right application. One of the conclusions, suggestions and recommendations for business entities to establish criteria most controversial and important institutions of corporate law are transactions that require coherence transactions. Systemic-structural method gave the authors the opportunity to special procedures for their approval. In this article we will discuss one type of such transactions, consider transactions in corporate relations. and the transaction in which fulfillment there is an interest. In law there is no concept of transactions, which should be interpreted as a transaction, We believe that the active involvement of additional investment will inevitably resulting the consummation of which by law require the consent or prior consent of a person having an in an increase in the number of cases of participation of the same individuals in different interest in a transaction or entitled to give economic society mandatory instructions. companies, and therefore there is a need to consider whether the interest of those or other Enshrined in Russian law the subject structure of transactions is virtually unlimited expands persons In the Decision of the constitutional Court of the Russian Federation dated April 10, the circle of persons who may have an interest in the transaction of business by the company. 2003 N 5-P with special emphasis on transactions of the joint stock company that may cause Varying interpretations of a given situation in judicial practice allows you to both expand and conflict of interests between the shareholders holding a significant number of shares of the narrow the list of these persons In particular, the question of interest management organization 1 management bodies of the company and minority shareholders . which is carrying out functions of the sole Executive body in several societies wishing to enter 1 The decision of 10 April 2003 N 5-P “On the case about the verification of constitutionality p. 1 tbsp. 84 of the Federal law “On joint stock companies” in connection with the complaint of open joint stock company “Argun” // the Bulletin of the constitutional 1 Federal law dated 26.12.1995 № 208-FZ “On joint stock companies” (as amended on 22.10.2014 g) // the Russian newspaper. Court of the Russian Federation. N 3. 2003. C. 4. N 248. 29.12.1995. Article 19. 184 185 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

into a transaction remains open. However, its solution depends the possibility of provision of for the claim for recognition of the contested transaction invalid and the application of the services by most of the major management companies. Despite the introduction of the civil code consequences of its invalidity is one year. of the notion of affiliation as the relationship of connectedness, the question about affilirovannyh The Supreme Arbitration Court of the Russian Federation (the SAC) also supports this persons is one of the most controversial issues of the subject composition of transactions. A point of view. In the Decision dated 14.12.2011 N YOU-15666/11 in the case N A60- significant problem is the lack of legislative basis of the list of affiliated persons individuals not 27625/2010 the court came to the following conclusion: “however, considering the engaged in entrepreneurial activities. In addition, ambiguously interpreted the question about requirement for invalidating the agreement, the courts correctly assumed that deal with the the possibility of accounting as subjects of interest of affiliated persons affiliated person. We signs of interest is voidable. Therefore, the lack of proper decision of the competent body believe that the inclusion of these amendments in the civil code can improve the regulation of of the management company for approval of such transaction is not a sufficient reason for this issue. Ambiguously worded legislation the basis of the interest. The prevailing part of the declaring it invalid by the court”1. courts does not recognize the possibility of actual interest. To recognize a person interested in The majority of authors have studied this Institute, believe that the understanding of the the transaction must have formal criteria stipulated in the law. Analyzing such basis interest transaction which there is an interest, is revealed by identifying the entities to the transaction as “engaging in certain subjects of positions in management bodies of legal entities, which is and the basis of their interest in the transaction [8]. On the basis of such reasoning, and will be a party...”, it was concluded that for the purposes of applying this Foundation, most preferably built much of this work, which will be closely scrutinized the most controversial issues related will not consider the General shareholders ‘ meeting as the governing body, because the term subjects and grounds of interest. “position” means not only a special competence and authority, but also a special procedure for its Thus we believe that the transaction, the consummation of which by law requires the consent replacement. of, the preliminary consent of a person having an interest in a transaction or entitled to give the In the work an attempt was made to develop universal criteria for determining connectivity. company instructions obligatory for it is a transaction with interest. Transactions need to recognize the interconnected if: the subject of all transactions is the 1.2. The General procedure for the approval of transactions stipulated in Art. 83 of the property of one kind; all transactions are made over a short period of time; parties all transactions Federal law on joint stock companies. The legislator, distributing authority for the approval are the same or related parties cash received from transactions aimed at the solution of any one of transactions between the Board of Directors (Supervisory Board) and the General meeting specific task; one or more transactions ensure the fulfillment of one’s obligations. of shareholders, essentially formulated the norm so that it formed a significant advantage in 1.1. The concept of related party transactions, appeared in the Russian legislation in favor of the Board of Directors. The transaction is subject to approval of the Board of Directors connection with the adoption of the Federal law of 26.12.1995 № 208-FZ “On joint stock in almost all cases, except where expressly recognize the exclusive competence of the General companies”. The term interested party transaction occurs and in other legislative acts, including meeting of shareholders. The position of the legislator seems quite reasonable when you the Federal law dated 14.11.2002 N 161-FZ “On state and municipal unitary enterprises”1 , Federal consider its practical aspects. The use of the General meeting of shareholders, as a priority law dated 03.11.2006 N 174-FZ “On Autonomous institutions”2. Stakeholders can be defined of the authority responsible for approval of transactions, would have led to a significant as persons who have a real opportunity to influence the company shall make a transactions deterioration of the economic performance of the company. The procedure of holding the in connection with which there may be conflict of interest of the specified person and the General meeting of shareholders is a complex and multistage process, it is frequently carrying company or its shareholders (participants), to prevent which serves as a special legal regime for out difficult. The company, in an effort to use the most appropriate path for them, sometimes transactions with interest. ignore the instructions contained in the law, or interpret them in an unusual way. In this part of In accordance with the company Law of the transaction (including loan, credit, pledge, the paper will describe the most relevant and common problems associated with the procedure guarantee), in which fulfillment there is an interest of certain persons specified in the law, for approval of interested party transactions. committed by the company in a specific order. Thus, under the category of transactions can get First of all it is necessary to describe the situation when there is a mixture of competence. any civil legal transaction in which interested persons. Some societies, seeking to avoid the holding of the General meeting of shareholders, despite Often, in an effort to avoid the use of rather complicated approval procedure, the society the mandatory guidelines of the law, approve the transaction by the Board of Directors. In ignore the requirements of the legislation and do not approve of the transaction. There are judicial practice has developed a strong position, according to which transactions are subject often situations when a company simply lose sight of the need for the approval procedure. The to approval by the General meeting of shareholders in accordance with paragraph 4 tbsp. 83 of law provides for the relatively harsh consequences of such negligence. According to p. 1 tbsp. the Federal law on joint stock companies, however, approved by the Board of Directors shall be 84 FZ on joint-stock transaction in which there is an interest and which are committed with deemed invalid due to violations of the order of approval. violation of the requirements stipulated in the legislation, may be deemed invalid at the suit Ambiguous position exists in cases in which the transaction was approved by the General of the company or its shareholders. The wording of the law allows us to conclude that this meeting of shareholders, although the law could be approved by the Board of Directors. transaction will be voidable. Some scholars take the position, according to which, the approval by the General meeting Claims for recognition of such transactions invalid and the application of consequences of of shareholders is always an appropriate form of approval, because this procedure takes into invalidity may be made within the period specified in clause 2 of article 181 of the Civil code of account the views of all shareholders, which effectively eliminates any conflict of interest. the Russian Federation3 (Hereinafter-the civil code), according to which the limitation period The most common opinion Century A. Gabov. The author considers the substitution of the appropriate authority unconditional grounds for invalidating the transaction [1]. The largest 1 Federal law dated 14.11.2002 N 161-FZ “On state and municipal unitary enterprises” (as amended on 04.11.2014 g) // Sz the part of the arbitration courts also adheres to this approach. The lease of non-residential Russian Federation. 2002. N 48. C. 4746 2 Federal law dated 03.11.2006 N 174-FZ “On Autonomous institutions” (as amended on 04.11.2014 g) // Sz the Russian premises was declared invalid by the court, as was approved by the General meeting of Federation. 2006. N 45. C. 4626. shareholders, although by its terms it does not fall under the exclusive competence of this body. 3 The civil code of the Russian Federation (Including 1) from 30.11.1994 N 51-FZ (as amended on 22.10.2014 g) // Sz the Russian Federation. 1994. N 32. Article 3301. 1 The definition of the SAC dated 14.12.2011 N YOU-15666/11 in the case N A60-27625/2010 // ATP “Consultant plus” 186 187 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

To the opposite conclusion reached by the FAS of the West-Siberian district. In dismissing the The introduction of regulations allowing for subsequent approval is the next attempt of the claim for invalidation of the transaction, the court stated that the activities of the Board of legislator to stabilize circulation and to protect the economic interests of shareholders, and Directors for approval of the deal, aimed at protecting the interests of shareholders. Describe counterparties of the company. the goals fully achieved in the course of approval of the transaction at the General meeting of 1.3. The law on joint stock companies provides a different procedure for approval of related- shareholders. In our view, both positions have a right to exist. Despite the detailed regulation party transactions, in societies with a number of shareholders 1,000 or less and the companies of the procedure of approval of the transaction by the Board of Directors, and the desire of the with more than 1000 shareholders. In the first case, the decision on the approval of interested- legislator imperative to distinguish between the competence of the bodies would be wrong party transactions approved by a majority vote of the Directors who are not interested in such to deny the fact that only by means of the General expression you can achieve the greatest transaction, and in the second case, by a majority of votes of independent Directors who are not confidence in the necessity of the transaction. Note that at a General meeting of shareholders interested in such transaction. approval of the transaction may be lobbied by the majority shareholders. Whereas, the Board Thus, it is possible to infer that in the decision on approval of interested-party transactions of Directors is elected through cumulative voting allows minority shareholders at least to some the joint stock companies, with the number of shareholders 1,000 or less can participate and extent, to hope for an independent decision. dependent, in the context of p. 3 tbsp. 83 of the Federal law on joint stock companies, the Article 82 of the Federal law on joint stock companies fixed duty of persons who may be members of the Board of Directors. The answer to the question about the reasons why the deemed interested in the meaning of Art. 81 of the Federal law on joint stock companies and legislator to establish such a differentiation according to the number of shareholders in the must inform the Board of Directors, the auditor and the audit Committee of the company, certain scientific literature has not yet formed. The concept of “independent Director” is borrowed from information. the law of England. However, the said law provides for the presence of independent Directors Pinning this duty has several goals. Firstly, the company gets the opportunity to be informed without reference to the shareholders. about the existence of the interest. Secondly, the possibility of participation in the approval The existence of such differentiation can cause serious difficulties for companies, process of the interested parties. unfortunately, this duty, like many others, very often are not shareholders of which, close to 1000. Let us analyze the situation, when in company with executed. As a result, in the approval process for all involved stakeholders. In judicial practice, a number of shareholders 999, required approval of the deal. The Registrar, in most cases, will ambiguously resolved the question of the legal consequences of such participation. The vast operate slightly outdated information, because for seven days in the account of the nominee majority of courts recognize that participation in the approval procedure, the persons concerned holder may be changes related to the increase in the number of holders of shares. According to in the transaction, would be grounds for declaring it invalid, if a person significantly affected the Art. 29 of the Federal law on securities market, the status of the owner of the shares acquired voting results. from the moment of making an entry on the custody account or personal account. As a result, In one of the cases, the Supreme Arbitration Court was given this position. When deciding the Issuer, based on the available data, will put that company on the date of the meeting one about the refusal to annul the contract, the court was guided by the logic that the decision of the number of shareholders and to take the decision on the relevant rules, and in fact it on the transaction approval vote of the majority of independent disinterested Directors in is completely different. As a result, the approval process will be broken, that is grounds for connection with the transaction is valid. In our opinion, this position is the most appropriate invalidating the transaction. because it allows to protect the rights of shareholders and the counterparty to the transaction. Unresolved you can recognize the issue on approval of transactions in the company of more The invalidation of the transaction, it is unreasonable and unwise decision, if the participation than 1,000 shareholders, if at least one member of the Board of Directors will not be recognized of the person concerned has not resulted in any negative consequences for the company or its as interested and (or) dependent. On the one hand at least one member of the Board of Directors shareholders. (Supervisory Board) of the company must be an independent Director [1]. Another indication of Some courts, rarely, but still had invalidated the transaction, the approval procedure involving Art. 83 of the Federal law on joint stock companies on the need for the approval of the relevant interested persons, regardless of did their part have any influence. According to S. D. Mogilev, transaction by a majority of votes excludes the possibility of this decision, one member of the described the position of the courts in fact leads to unnecessary destabilization of contractual Board of Directors [5]. Judicial practice also does not give a definite answer to this question. In relations society. The author believes that the approval procedure should be considered as our opinion, the most reasonable you must accept the conclusion I. P. Pushkarev, because this carried out legally, if regardless of stakeholder participation, the meeting would have had the position is most compliant with the General principles of corporate law. Otherwise, the vote will necessary quorum, and approval would still have been made [3]. be just a formality, not for a balance of interests. A literal interpretation of the law cannot be Completing a General analysis of the approval process, it is necessary to pay attention to used as a universal method for solving problems. The most logical would be to make the law, the the question of the date of approval of the transaction. Despite the fact that in Art. 83 of the condition on the minimum number of independent Directors required for a decision. This would Federal law on joint stock companies contains a provision according to which a transaction help to avoid further controversy. in which there is an interest, must be approved prior to its conclusion, some scientists still 1.4. In the scientific literature discusses many different problems related to the approval consider the subsequent approval as compliance with the established procedure. All thoughts of transactions by the General meeting of shareholders. Does not exist, for example, an in this case is based on p. 1 tbsp. 84 of the Law on joint stock companies. According to this unambiguous interpretation of the notion “subject of the transaction”. Many scholars identify standard, the court rejects the claim for invalidation of transactions made with violation of the him with the notion of the subject of the contract, and then begin to talk about the content provisions of the Federal law on joint stock companies, if at the time of the trial, the evidence of this concept. Have questions about accounting already placed securities convertible into subsequent to the approval of the transaction by the rules provided by this Law. In our opinion, shares. Unfortunately, in this work it is not possible to analyze each of the existing problems. In the subsequent approval is a way of “healing” of the transaction, i.e., returning her to the addition, in our opinion, most of them are among onsecuritychange problems, which is devoted requirements of the stock of legislation. Subsequent approval must be considered either as to the study of many scientific papers. In light of this, we will try to cover most problems it should be, but rather as a valid procedure. A similar position is held by Century A. Gabov. specific to the study in this paper the concept.

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Significant difficulties for the law enforcement authority is the use of a text Art. 83 of a wide range of activities can regularly provide a variety of services to its loyal customers, the Federal law on joint stock companies of the phrase “transaction or several interrelated the content and purpose of these services will be different. For example, the organization transactions”. The concept of “related transactions” plays a huge role in the approval process can carry out the construction of the property, and to lease passenger transportation for the for related party transactions. Qualifications transactions as interrelated influences the employees of its client. If you follow the logic described above, these transactions can also calculation of the value of the subject of the transaction, and hence the division of authority be viewed as interrelated. It seems most logical to use such criteria in conjunction with other, for approval of transactions between the management bodies of the company. The legislation existing in law enforcement. contains no definition or characteristics of related transactions that would cause the law For a complete and comprehensive analysis of the approval process for transactions in which enforcement authority a large number of problems. there is interest, it is necessary to analyse in detail the content of such ambiguous terms as A clear understanding of the criterion of coherence is necessary on the one hand, to “normal business operations” and try to create the most universal criteria for classifying certain protect the rights of individual subjects of corporate relations, and on the other hand, for the transactions to those committed in the ordinary course of business. greatest stabilization of the economic turnover. The lack of a uniform understanding of the The use of the term “normal business activity” can be explained by the desire of the legislator interconnectedness leads to the fact that depending on the selected criteria, in one case similar to simplify and accelerate the work of the society in respect of transactions which are the basis transactions recognize interconnected, but not in another. for its existence. First of all it is necessary to say that the legislation does not contain a legal Analysis of judicial practice and scientific literature made it possible to create a list of criteria definition of normal economic activities of the company, which characterizes it as an evaluative on the basis of which the transaction may be recognized as interrelated. Raises enormous notion, requiring analysis in each case. Under normal economic activities, in the opinion of concerns the fact that even the courts of the same district often have opposing positions on the Plenum of the RF, it should be understood that any operations that have been adopted in this issue. the current activity the corresponding LLC or JSC or other business entities engaged in similar The least productive, in our opinion, are the attempts of some scholars to form a sample activity, similar in terms of assets and turnover, regardless of occurred if these transactions list of transactions, which is always interrelated. A. C. Gabov lists the following transactions: these companies previously . preliminary and basic agreements, basic contract and the additional agreement to it, the For transactions in the ordinary course of business of the LLC or JSC may include transaction: main and interim deal and other. Of course, all of the above transactions in most cases will be – the acquisition by the company of raw materials required to carry out production and qualified by the courts as interrelated. Be aware that this model will not be effective if only business activities; because the market is not static and its continuous development will lead to the appearance of – sales of finished products; interrelated transactions at its core, however, is not included in the existing list [1]. Of course, – obtaining credits to pay for current operations (e.g., purchase wholesale lots of products such gaps could be addressed through the amendment procedure. However, be aware that this for further sales by retail sales). is a complex and multistep process time-consuming. Consequently, the use of the analyzed However, as indicated by the Plenum of the RF, is not a basis for qualification of the approach may cause inconsistencies corporate law real life. transaction as perfect in the ordinary course of business: According to C. I. Dobrovolsky, must be considered typical for this type of transactions, the – the presence of one only of the fact of its making in the framework of the activity referred legal result, for the sake of which they are made. As a secondary criterion is also proposed to in a certificate of incorporation or bylaws of the company (JSC) as the primary for a given to use the homogeneity property being the subject of transactions [2]. In contrast to C. A. legal entity; Piwnicki believes that the legal result would not be a universal criterion [4]. Judicial practice – the fact that the company has a license to engage in such activity [7]. also denies such an approach. The Regulation of FAS Northwest district, the court rejected in This approach scientists and vessels is controversial for several reasons. First, it is not the qualification of several leases of non-residential premises as a related party transaction. difficult to imagine a situation where a joint stock company in the Charter which defined The court stated: “the lease was sent to the transfer for temporary possession and use of the the main activity, during its existence only a few times had entered into such transactions. premises of the hotel complex, with a specialized purpose. Therefore, this contract is not Following the above logic, courts and scholars, we conclude that all other transactions of this interconnected with other leases entered into by the company regarding other areas of the society will not enter into the boundaries of traditional economic activities, because they are same hotel complex, as concluded about that subject”. not directed at the implementation of the main activity, even if they are much more common. The homogeneity property also cannot be considered as a universal criterion, although this Secondly, the capacity of the joint stock company is a General, not a special character. Therefore, position exists in the judicial practice. So in a regulation, the court, pointing to the fact that the company is entitled to carry out any lawful activity. The legislation does not contain the alienated property is homogeneous because the unified process, acknowledged the deal obligations of the founders of the JSC to determine object activity within the Statute. The lack in his alienation interrelated. However, the superior court reversed this decision, stating that enshrined in the Charter of the company the main activity, in fact, would mean the inability to the court did not take into account the difference in the subject composition and economic use, society, Institute of normal business activity in the process of approving transactions in purposes of the analyzed transactions. which there is an interest. Similar is the position of O. C. Fedosov. The author, criticizing this Some courts resolve disputes take into account exclusively the coincidence of the approach, indicates that: ordinary business activities may be activities that are not provided counterparty in transactions and short period of time between their conclusion. By their by the Charter, as provided for by the Charter of the activities may not fall under the notion logic, if the agreements concluded at different periods of time, in this case, we can talk of normal economic activity, since in practice the society could rarely perform activities of about the lack of interconnectedness between transactions. On the contrary, if the deals a similar nature [6]. were made almost simultaneously and with the same counterparty, it is possible to speak The study made it possible to accumulate the most relevant positions of scientists and law with confidence about the existence of interconnectedness . In our opinion, this approach enforcement officials with proposals of changes in the theory and practice of enforcement of has some significant drawbacks. In this situation ignores the fact that organizations with existing law. Most of the findings in the study, approval of transactions with interest, largely

190 191 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 based on the analysis of judicial practice, which will enable them to form a uniform position of 8. Shitkina I.S. Korporativnoe pravo: Uchebnik dlya vuzov. – 3-e izd., pererab. i dop. M.: Volters the courts. Analysis of normative-legal regulation of related party transactions, allows to make Kluver, 2008. S. 346 a conclusion about the presence of a large number of controversial issues that exist both in 9. Dogovor kak sredstvo pravovogo regulirovanija otnoshenij v sfere okazanija uslug: problemy teorii i praktiki: monografija. -M.: VAKO, RGSU, 2015. doctrine and in practice. Is positively describe the activities of the Supreme Arbitration Court of the Russian Federation, which gave a significant clarification on many issues relating to related REFERENCE TO ARTICLE party transactions. Starodumova, S.Yu., Golovkin, P. A. (2015) Approval of interested party transactions under Used the structure of the work allowed us to delve into the analysis of the subject Russian law, Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 184-193. DOI: composition, the grounds of interest and transaction approval procedure, the contents of which 10.17922/2412-5466-2015-1-1-184-193. are, in essence, forms the analyzed Institute. Thus, in the course of the work, we came to the following conclusions. However, the study was not until the end of open questions concerning the definition of normal business operations causing difficulties in the implementation of procedures for approval of related party transactions. In particular in the judicial practice was formed position, according to which transactions in the ordinary course of business are recognized as such if they are regular, in this order, on an ongoing basis and to ensure the existing production process. The main purpose of such transactions is to create the necessary conditions for the implementation of main activities, by means of which formed their connection with the ordinary economic activities of the company.

References in English: 1. Gabov A. C. related-party Transactions in the practice of joint stock companies: problems of legal regulation. M: The Statute, 2005. – 540 p. 2. Dobrovolsky Century. And. problems of corporate law in arbitration practice. M, Walters Kluwer, 2006. – 450 p. 3. Mogilev C. D. the management Bodies of business entities: Legal aspects: Monograph, M., Case, 2001. – 312 p. 4. Piwnicki S. A. related transactions: attempt qualification // Corporate lawyer. 2009. N 3. pp. 12 – 17. 5. Pushkarev I. P. Legal aspects of the society with limited liability: Law and policy, 2009. 6. Fedosov O. C. Problems of institutions of major transactions and transactions in which there is an interest in a limited liability company dis. Kida. jorid. Sciences. M., 2008. – 175 p. 7. Chistyakov L. contestation of major transactions and interested-party transactions // Tax Bulletin. 2014. N 8. pp. 79 – 91. 8. Sitkin I. C. Corporate law: Textbook for universities. – 3rd ed., Rev. and ext. M: Walters Kluwer, 2008. 346 p. 9. The contract as a means of legal regulation of relations in sphere of rendering of services: problems of theory and practice: monograph. -M.: WACO, RSSU, 2015.

References in Roman script: 1. Gabov A.V. Sdelki s zainteresovannost’yu v praktike aktsionernykh obshchestv: problemy pravovogo regulirovaniya. M.: Statut, 2005. – 540 s. 2. Dobrovol’skiy V.I. Problemy korporativnogo prava v arbitrazhnoy praktike. M., Volters Kluver, 2006. – 450 s. 3. Mogilevskiy S.D. Organy upravleniya khozyaystvennymi obshchestvami: Pravovoy aspekt: Monografiya, M., Delo, 2001. – 312 s. 4. Pevnitskiy S.A. Vzaimosvyazannye sdelki: popytka kvalifikatsii // Korporativnyy yurist. 2009. N 3. S. 12 – 17. 5. Pushkarev I.P. Pravovye aspekty deyatel’nosti obshchestva s ogranichennoy otvetstvennost’yu: Pravo i politika, 2009. – 356s. 6. Fedosova O.V. Problemy institutov krupnykh sdelok i sdelok, v sovershenii kotorykh imeetsya zainteresovannost’, v obshchestvakh s ogranichennoy otvetstvennost’yu dis. kand. yurid. nauk. M., 2008. – 175 s. 7. Chistyakova L. Ob osparivanii krupnykh sdelok i sdelok s zainteresovannost’yu // Nalogovyy vestnik. 2014. N 8. S. 79 – 91.

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According to the part 1, article 2 of the Federal Law “On Education in the Russian Federation” [1] (hereinafter – the Law), the education in Russian Federation is an integrated goal-oriented process of education and teaching, which is a significant social welfare being conducted in Vasileva E.A. the interests of the individuals, family, society, and state, as well as this is a total of acquired Postgraduate student, Department of Finance and credit, knowledge, skills, values, practical experience and competence of a certain volume and complexity, Russian State Social University, Moscow. to achieve the intellectual, moral, artistic, physical, and (or) professional development of E-mail: [email protected] УДК 377 a person to meet his educational needs and interests” [1]. Legally, the education is divided into DOI 10.17922/2412-5466-2015-1-1-194-196 basic, professional, and vocational education, which may be continuous [1]. The organization of higher education including the provision of governmental guarantees of the implementation of the right to receive free higher education on a competitive basis”, and the provision of continuing professional education belong to the authority of the Federal Government and The place of higher professional education and continuing Federal Educational Organizations. Professional education is a type of education aimed at the acquisition of knowledge, skills, professional education in the system of public relations and development of the competences to conduct professional activities [1]. In the Russian Federation, the system of higher professional education (HPE) consists of the subsystem of continuing professional education (CPE) including professional retraining Receiving date: Preprint date: Taking to print date: and advanced training. The Law interprets HPE as “the kind of education, which is aimed at 13.03.2015 27.03.2015 30.03.2015 comprehensive satisfaction of the educational needs of a person in the intellectual, moral- Annotation: This article is to consider the system of higher professional and continuing professional spiritual, physical, and (or) professional development, and not entailed by advanced training” education within the context of the modern requirements of society, the economic situation in the country, [1]. CPE exists at each level of professional education, provides the ability to continuous scientific and technical progress. improvement of the professional skills and knowledge, and improves the quality of the business Key words: higher professional education, continuing professional education, the system of public skills due to the constant improvement of the Federal educational standards” [1]. CPE allows relations, professional retraining, advanced training. the professional adaptation of a person to changing conditions and activities, and provides The structure and social organization of a society assume the existence of intellectual social a person with opportunity to change the professional specialization. CPE is provided through group, which is a part of the ruling group determining the ways of development of the state. different programs and depending on the knowledge volume, types, and objectives of education This part of the ruling group is the bearers of human knowledge and skills accumulated and is divided to professional retraining and advanced training [9]. applied in the real life areas of society and country. This knowledge are accumulated, stored, Advanced training as a type of CPE is a short-term program aimed at the update and extension and transmitted to following generations. S.V. Volkov has noted that “the tradition to attribute of the theoretical and practical knowledge, improving of skills in one specific area. Advanced the intellectual social group to the highest category of particular society is one of the basic training is conducted as the short-term seminars and trainings, and divided into short-term features of social organization of any society” [2]. The knowledge transfer is implemented advanced training (more than 72 hours of lessons), thematic and problem seminars (from 72 to during the education, i.e. the transfer of systematic knowledge and practical skills, “which 100 hours of lessons), and long-term advanced training (from 100 to 500 hours of lessons, and allow to solve theoretical and practical tasks required by the professional activities” [10]. sometimes up to 1000 hours). Professional education traditionally has several stages. The three-level system consisting of Advanced training of the employees can be performed at the work place, apart or partially the basic secondary, secondary professional, and higher professional education is widespread. apart from work, and according to individual programs. Generally, the advanced training courses Higher professional education according to the definition of A.N. Leibovich is “the process are organized according to the request of the companies or firms. Periodicity of these courses is and the result of professional growth and personal development entailed by acquisition of the usually determined by employers. However, the Law states that the advanced training courses particular knowledge, skills, and competences inherited in specific professions” [2]. At the should be organized at least once in 5 years during whole time of seniority of the employee [9]. same time, it is necessary to realize that the higher education system in different countries has The programs of CPE are developed according to the needs and requirements of a person one-, two-, three-, and four-level structure. A three-level system of higher education adopted in or organization, and approved by the institution providing the advanced trainings, unless Russia in 2003, the first level includes bachelor degree students, second level – master degree otherwise is provided by Law. The programs of “professional retraining are developed on the students and specialists, and the third level of higher education includes the persons with an basis of the established professional requirements <...>, corresponding to the Federal State academic degree. The fourth level includes additionally the doctor of philosophy degree [10]. Educational standards of secondary professional and (or) higher education” [1]. Training The historical facts show that the people passed the higher education institutions have been according to additional professional programs is carried out as simultaneously or continuously considered as the members of highest groups of society in all times and education revealed the and gradually (discrete), including education through the development of individual study social class. However, approximately from XVII to XIX century, “the mental activity gradually subjects, courses, and disciplines [1]. ceased to be the prerogative of the highest social classes, a class attribution lost the social Thus, new approaches in higher professional and continuing education are evident in significance, that resulted in formation of a professional class of intellectuals, which counted the integrated form from the content of Federal State Educational standards and State of more than 4-5% of the population, retained own special, privileged position in a society, and Federal Target Programs providing the prospective development of various areas of education, possessed the highest social status” [2]. formulating the requirements to education, and corresponding to the requirements of present time.

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References in English: 1. Federal Law no. 273-FZ adopted on 29.12.2012 (Ed. on 07.05.2013) “On Education in the Russian Federation”, in Legislation of the Russian Federation on 31.12.2012, no. 53, part 1, article 7598. Yatsur A.V. 2. Volkov, S.V., About the destiny of the educated classes in Russia and the prospects for its Candidate of economic Sciences, Department of Management and administrative recovery, in Intellectuals in Conditions of Social Instability, Ed. by A.I. Studenikina, Moscow: law, Russian State Social University, branch in Pyatigorsk. Editorial URSS, 1996, p. 54. E-mail: [email protected] 3. Podsevalova E.N., Kaurova O.V., Areas of additional education funding // In: Higher УДК 316.45 education in the modern world. Proceedings of the International distance scientific and DOI 10.17922/2412-5466-2015-1-1-197-207 practical conference. 2013, pp. 11-15. 4. Maloletko A.N. The concept of economic security of the development of higher education in Russia: Author. Dis. Dr. ehkon. sciences. Moscow, 2009, p. 39. 5. Maloletko A.N. Theoretical basis of assessment of service and maintenance of the state educational institutions of higher education: Monograph. M .: FGOUVPO “RSUTS”, 2008. Innovation and education cluster as the basis for the 6. Maloletko A.N. system of higher education: economic security management // Problems of the theory and practice of management. 2009. № 9. pp. 80-83. formation and development of the middle class of the 7. Maloletko A.N. The national interests of the Russian Federation in the field of education. M .: FGOUVPO “RSUTS”, 2008. north-caucasian federal district 8. Kryukova E.M., Makeev D.R. The role of experts in the assessment and certification of qualifications of the personnel sphere of service // Bulletin of the Association of Universities of tourism and service. 2013. № 1. pp. 9-14. Receiving date: Preprint date: Taking to print date: 9. http://www.moeobrazovanie.ru 13.03.2015 27.03.2015 30.03.2015 10. http://ru/wikipedia/org

References in Roman script: Annotation: The aim of this work is the rationale for the formation of the innovation and education cluster as an integral part of the strategy for socio-economic development on the territory of the North Caucasian 1. Federal’nyj zakon 273-FZ prinjat 29.12.2012 (Izd. na 07.05.2013) “Ob obrazovanii v Rossijskoj Federal district of the Stavropol region through the identification and development of the middle class. The Federacii”, v zakonodatel’stvo Rossijskoj Federacii po 31.12.2012, net. 53, ch. 1, st. 7598. article presents the analysis of the distribution of the middle class in the Stavropol territory in the framework 2. Volkov S. V. o sud’be obrazovannogo soslovija v Rossii i perspektivah ego vosstanovlenija, of the model of “one-dimensional” stratification according to the criterion “level of education”. Causing v intelligencija v uslovijah obshhestvennoj nestabil’nosti, Jed. A. I. Studenikina, m.: the identified problems of formation of the middle class in the framework of the educational subsystem and jeditorial URSS, 1996, s. 54. the necessity of developing innovation and education cluster as a mechanism of formation and development 3. Podsevalova E. N., Kaurova O. v., napravlenij dopolnitel’nogo obrazovanija finansirovanija of effective middle class. The results obtained are applicable in the state and municipal authorities in the // v: vysshee obrazovanie v sovremennom mire. Materialy Mezhdunarodnaja zaochnaja formulation and implementation of socio-economic policy in education. nauchno-prakticheskaja konferencija. 2013, str. 11-15. Key words: middle class, cluster, strategy, level of education, socio-economic development. 4. Maloletko A. N. Koncepcija jekonomicheskoj bezopasnosti razvitija sistemy vysshego obrazovanija v Rossii: Avtoref. Dis. D-r jekon. nauk. Moskva, 2009, str. 39. Globalization as the main trend of the development of the modern world, the more fully 5. Maloletko A. N. Teoreticheskie osnovy ocenki servisa i obsluzhivanija gosudarstvennogo obrazovatel’nogo uchrezhdenija vysshego professional’nogo obrazovanija: Monografija. M .: is the growing contradictions between the rate and direction of the processes of integration FGOUVPO “RSUTS”, 2008. of economic, financial, informational and educational relations, as well as certain protective 6. Maloletko A. N. sistema vysshego obrazovanija: jekonomicheskoj bezopasnosti upravlenija // reaction of cultures, with a tendency towards localization. Problemy teorii i praktiki upravlenija. 2009. № 9. s. 80-83. Political strategies for handling such situations, established in the world, scientists classified 7. Maloletko A. N. Nacional’nye interesy Rossijskoj Federacii v oblasti obrazovanija. M .: into three alternatives: the complete destruction manifested in various forms: from destruction FGOUVPO “RSUTS”, 2008. to assimilation; parallelism, which is manifested in a relatively independent coexistence and 8. Krjukova E. M., Makeeva D. R. rol’ jekspertov v ocenke i sertifikacii kvalifikacij personala sfery uslug // Vestnik Associacii vuzov turizma i servisa. 2013. № 1. s. 9-14. pluralism, the basis of which is the equality, diversity, interdependence, vzaimosohranenii, 9. http://www.moeobrazovanie.ru interchange. It is the essence of pluralism goes directly to the processes of globalization 10. http://ru/wikipedia/org through the inclusion of mechanisms of social and cultural models of “natural” integration. Therefore, it is necessary to take into account the particular conditions of the proposed REFERENCE TO ARTICLE model in the multicultural space of the Plurinational state Association. Because, first of cultural Vasileva, E.A. (2015) The place of higher professional education and continuing professional diversity can act as a positive resource for the development of personality and society; secondly, education in the system of public relations, Contemporary Problems of Social Work, Vol. 1. No. 1. 2015. P. 194-196. DOI: 10.17922/2412-5466-2015-1-1-194-196. the process of socialization for members of any ethnic group occurs in the interaction with the dominant culture “most”, and any individual as a subject of dual identity: personal, limited by the characteristics of the ethnic group, and citizenship facing cultural framework nationality; thirdly, the history of multicultural societies suggests that any cultural compromises, which is the basis of stability, are born as a result of conflict situations. Thus, the most General principle of socio-cultural integration might look as follows: “it is impossible to eliminate differences, but you need to look for similarities”.

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Such conditions relate and education systems implemented in multicultural regions. In Representatives kernel pay for the education of their family members at universities, courses, this case we are talking about what they offer design and build cultural and educational Tutors, indicating the presence of such a criterion as the synergistic effect of generations. space pluralistic integration on the basis of specially organized, social, cultural, and ethnic Representatives of polyedra also quite active. However, respondents from households of lower identification. Multicultural regarding value basis and essence, ethnic pedagogical, at the level strata (the periphery and below), clearly demonstrate the inability to pay fees (of themselves of socio-cultural mechanisms, the organization of the pedagogical process acts as a system and their children). of education that can serve as a kind of key to the solution of many problems: inter-ethnic The quality of education is determined by the place of training. Regional and residential relations, socio-economic, spiritual, political, etc. differentiation of the existing system of education has caused concern in Russia. In fact, The processes of globalization dictate such personal development, which is based on a real regional and residential differentiation creates a kind of social class groups, which are understanding of the continuity of their social, ethnic, linguistic, territorial and cultural characterized by the inheritance of status traits, the most important of which is access to beginnings. Thus a measure of the degree of harmony of this relationship in the education educational services. system may be its ability to combine rational thinking, the freedom of the individual and the However, the middle classes are primarily a phenomenon of major towns, cities. The middle reinterpretation of culture. These personal qualities are characteristic of the “new” middle class is played mainly in Moscow and St. Petersburg. Social layers below the middle classes, those class emerging in the system of globalization and integration of various spheres of public life. who graduated from high school, mainly in provincial towns and rural areas, and rural school Because the middle class is a factor in ensuring stability of the social system, its role is essential is a social mechanism for the reproduction of one of low status of the population. Therefore, in the system, both Russia and the North Caucasus Federal district. educational resources this part of the population for upward social mobility is low. The formation of the North Caucasus Federal district is a positive step in the stabilization of Innovation and education cluster will bring provincial and rural new educational level, and the situation in the North Caucasus, which will allow the Federal center is more concentrated will allow through the existence of the integrated educational system to make the middle class and targeted to influence the decision accumulated in the regions and the regions problems of predominantly a phenomenon not only Metropolitan cities, but also the phenomenon of the various nature. However, it is necessary to find the mechanism that would allow to maximize North Caucasus Federal district. the efforts of the state authorities, both in the regions and the country as a whole. So in July The above circumstances have predetermined and quality characteristics of education 2010 was prepared a comprehensive strategy for socio-economic development of the North representatives of the “middle”. Thus, the middle classes have high-quality features (synergistic Caucasus Federal district, which identified priority areas of complex impact on the problems effect generations, permanent leadership and lack of paternalistic expectations), that allows caused by globalization and integration into a single social space. The concept involves to speak about them as socio-cultural phenomenon, able to take the country on the path of a number of areas (clusters), which allows the coordination of the following areas of the region: innovative development. energy, tourism and recreation, agriculture and innovation and education. The most important feature of the middle classes is the high level of potential connectivity, So this work is devoted to consideration of the role of innovation and education cluster in which is based on a high level of education, and on the peculiarities of professional activity. the system of the formation and development of the middle class. These studies of the Institute of sociology RAS make and evaluate the inclusion of the To analyze the distribution of the middle class in the Stavropol territory in the framework generalized middle class in the system of social communication, in particular English language of the model of “one-dimensional” stratification according to the criterion “level of education” proficiency and usage of the Internet. The communicativeness of the population along with the we have taken the methods of its identification with the perspective of its stabilizing role in English language is defined and involvement in global information systems and use them for the system of economic security. [7] personal communications. The middle class is defined as the set of households with a high level: So, the core of the middle classes presents a highly educated population, formed in 1. material and resource provision, determined by the value of per capita income (the families with well-educated parents, who live primarily in the cities, actively involved in social lower bound is equal to the average per capita income, the top – 7 cost of living); the availability communication and with modern information technology tools. of real estate (houses, apartments); the presence of movable property (5 durable goods: small The findings are supported by the data obtained from analysis of the distribution of the kitchen appliances, musical center, DVD, computer, car); quality of life, defined from the point of middle class in the Stavropol territory in the framework of the model of “one-dimensional” view of expenditure on food, not exceeding 9.4% of income and the expenditure paid services, stratification, which was carried out on the basis of the statistical reports of the Territorial constituting not less than 36.9% of the income; body of Federal state statistics service of the Stavropol region (2011 – 2014). 2. intangible is resources, due in part to the availability of complete higher education; Based on the fact that the middle class should have completed higher professional education, 3. assessment of social well-being and future security, examining the level of identity this criterion considered from the point of view of owning them [higher education] employed in and its causes, worldviews, values and rational action [middle class], due to the absence the economy of the Stavropol territory. of paternalistic expectations, the presence of permanent leadership and synergy gene- Based on the distribution data of the number of employed in the economy of the Stavropol rations. territory it was found that the number of employees with higher professional education, for In this study we will consider the peculiarities of the formation of the middle class from 2011-2014 increased by 5.4%, but their share is negligible (30,1%). the point of view of such a criterion as “level of education”. However, more important for Data tables pokazyvaet that in the economy of the Stavropol territory dominated by the understanding the socio-cultural identity of the middle class is the quality of education. The share of employed persons with secondary vocational and secondary General education. quality of education, as well as the fact of its receipt, is determined by the education of the This indicates a low educational level of the working population, which does not allow them parents. Middle classes are rapidly increasing their quality of its education, and education of to carry out innovative function in the system of economic security. This is another barrier to children, as demonstrated by their activity in the use of paid educational services, which is in the growth of the middle class. the kernel of the middle classes two to three times higher than the average for the sample level.

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Table 1 In addition to the above barriers, educational subsystem of particular importance is the Distribution of the number of employed in the economy of the Stavropol territory by educational imbalance of the labour market, which is reflected in the qualitative mismatch of supply and demand. level (in %)1* Despite the fact that every year the specialists with higher and secondary level qualifications, 2011 year 2012 year 2013 year 2014 year staffing is quite a serious problem for the region. In accordance with the data presented in table 3, we can conclude: the greatest demand among specialties and areas of educational institutions 12 3456 use such as Economics and management, Humanities, and the lowest of the vehicle and the social Just 100 100 100 100 Sciences. In our opinion, the choice of majors students due to occupational prestige and personal Higher professional education 24,7 25,3 25,5 30,1 motives, not the real demand on the labour market, which is a problem wearing a multiplicative Postgraduate 1,3 0,1 0,2 0,2 character, as reflected in the region’s economy and its security. Secondary vocational education 24,5 24,4 24,5 25,1 Initial vocational education 13,2 11,2 11,3 10,4 Table 3 educated Secondary (full) General 29,3 31,4 32,0 28,6 Graduates of higher educational institutions by groups of specialties in the Stavropol region

in that number are Basic General 6,3 6,9 5,6 5,0 (people)1 Do not have basic General 0,8 0,7 0,9 0,6 2011 year 2012 year 2013 year 2014 year Dynamics of main indicators of the development of higher professional education reflects 12345 the reduction in the number of higher education institutions and number of students in them Issued specialists including specialty 29993 31447 30720 31978 groups: (table 2). This is a result of education reform, which aims to improve the quality of education. Perhaps this campaign and will lead to increased quality education, however, already led to Economics and management 11745 12715 12065 12331 a reduction of universities, teachers and students. The result of this process is reflected in human Sciences 7081 7235 7460 7649 the statistical reporting today: the number of students declined in 2014 5.9 thousand people education and pedagogy 2646 2263 2147 2513 compared to 2011, over the same period, the number of higher education institutions decreased health 1191 1317 1239 1371 by 4%. service sector 893 1049 1059 1214 The obtained data indicates a reduction specialists with higher education – potential middle construction and architecture 631 793 823 1020 class, able to bear the economic and social effects by performing innovative function in modern computer science and engineering 810 839 874 846 society. This is the next barrier to increasing the share of the middle class in the Stavropol agriculture and fisheries 1027 1072 1017 842 region. transport vehicles 634 725 713 743 social science 525 501 399 439 Table 2 Main indicators of the development of higher professional education of Stavropol region Specialists of higher qualification does not meet the needs of organizations employees for (beginning of academic year)2 substitutions vacancies. So, in the group of specialists of the highest qualification the need for 2011 – 2012 year 2012 – 2013 year 2013 – 2014 year workers was in 2013 2140 people (figure 1). Of them the most sought after were the experts in just in % of total just in % of total just in % of total the field of health (1288 vacancies), however, from the point of view of prestige for students, 1234567 this specialty is only 4 position; architecture and engineering (285 vacancies) – this aspect is The number of higher 84 42 81 39 78 38 not included in the three specialties, which occupies a leading position. educational institutions, including 100 state and municipal 53 50 46 90 Doctors (excluding dentists) non-governmental 31 31 32 230 Architects, engineers and specialists of The number of students 140,4 70 140,6 70,7 134,5 69,4 related professions (thousand), including Teachers, specialists training 285 1034 state and municipal 113,3 112,7 109,0 Accountants and Finance professionals non-governmental 27,1 27,9 25,5 and credits Psychologists, specialists in the sphere of Welcome 32,3 58,8 30,8 57,4 27,8 53,9 social problems

Release 29,1 58,2 30,2 61,6 29,7 61,1 Figure 1 – organizations Need workers to fill vacant jobs for most popular professional group of specialists of the highest qualification level (man)2 1 Territorial body of Federal state statistics service of the Stavropol region. URL: http://stavstat.gks.ru/wps/wcm/connect/ rosstat_ts/stavstat/ru//; Labour and employment in Russia. 2013. – http://www.gks.ru; Economic activity of the population. 2013. – 1 Higher and secondary special educational institutions in the region. Statistical Bulletin / territorial body of Federal state http://www.gks.ru; statistics service of the Stavropol region. 93 – 2014 – N-12 (S. 45); 2 Stavropol region in figures, 2014. Statistical Bulletin / Territorial body of Federal state statistics service of the Stavropol 2 On the number and needs of organizations of workers in occupational groups. / Territorial body of Federal state statistics region. – 2014 – S. 231; service of the Stavropol region. 2013. – S. 12; 200 201 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015

Based on what we can conclude the following: on the territory of Stavropol region the trend Comparing data on the needs of organizations in the workers senior and mid-level of the structural mismatch between supply and demand of specialists of higher qualification in qualifications and graduates of higher and secondary special educational institutions of the labour market. Stavropol region, we can conclude the following: the landscape is predominantly negative trend This situation is characteristic of the labour market specialists of medium qualification level in the mismatch between demand and supply on the labour market, which is a “barrier” of the (table 4, figure 2). formation and development of the middle class, as well as a threat to economic stability. So, for 2011-2014 on criterion “level of education” share of total middle class was 26.4%, Table 4 which is the result of the following barriers: imbalances in the labour market, lack of motivation Production specialists average special educational institutions by groups of specialties in the and incentives in the population of the region in improving the quality of education (which is Stavropol region (people)1 caused by imbalances in wages), the negative consequences of educational reform, leading to 2011 year 2012 year 2013 year 2014 year the reduction potential of the middle class. Based on the data on share of total middle class according to the criterion “level of education” 12345 share the periphery was in 2011 – 24.7%, in 2012 – to 25.3% in 2013 to 25.5% in 2014 to 30.1%. Issued specialists 12388 11485 10174 10072 including specialty groups: Open questions remain about the results of the relevance of the educational potential of the middle classes. As expected, the demand for human capital changes increase in social status. Economics and management 2828 2530 2385 2522 In our opinion, the development and implementation of innovative educational cluster will health 1418 1603 1398 1526 be a critical step in shaping the development of the middle strata of the population. Humanities 982 960 968 978 However, the consideration of innovation and education cluster does not stop only on the technology of food products and consumer goods 947 859 704 804 development of higher professional education, it affects both vocational and General education. education and pedagogy 1239 1033 943 763 The creation of this cluster involves the creation of modern education standards, a two-level computer science and engineering 880 889 722 685 system (bachelor, master), teaching staff mobility, transition into Autonomous institutions etc., construction and architecture 675 639 541 473 Therefore, the potential of the education system really exists, it is only necessary to use it transport vehicles 790 648 560 436 effectively. agriculture and fisheries 678 576 451 427 A large number of higher education institutions currently in the North Caucasus finds no power and electrical engineering 356 309 220 247 justification, since it makes us think about the eligibility of their educational process and the quality of knowledge and skills provided by them. These trends are reflected in various spheres

45 of human activity, because to find a highly competent young professional is not only a problem Health care staff (nurses), midwives of the North Caucasus Federal district, but also in other regions. Higher education at the present 65 Nurses (nurse practitioners, time for the youth of today is prestige, but, unfortunately, not very many are thinking about the 157 technicians, pharmacists) importance of the quality to contemporary reality. 562 Equipment-electricians The lack of attention to secondary special institutions in the 90-ies finds its echo in the The staff of pre-school education and present: a failure in the working professions, labor shortages – all of this allows us to develop 392 training industry regions. Staff in Finance and trading activities The problem of schools requires special attention, because the quality of education (in many schools) does not allow graduates to enroll in the leading Russian universities. Students have to obtain additional knowledge outside of school, because the base of which is given in schools Figure 2 – organizations Need workers to fill vacant jobs by occupational group professionals mid- level qualifications (persons)2 is not enough to pass the unified state examination at the appropriate level. And now, for the students, the exam is a good start in life. You need to think about what determines the quality So, the priority among the areas of medium skill level belongs to subjects such as Economics of school education: the state standard or the quality of services provided. and management, health Sciences and Humanities, less demand transport, agriculture and Of course, the investment support of the educational system is an important step in the fisheries, energy and electrical engineering. The data of figure 2 again confirm the fact that the development of the “new” education system, because the buildings will be equipped with mismatch between supply and demand in the mid-level professionals in the Stavropol territory. all necessary equipment for the development of talented and promising young people, and The number of vacant jobs in the group of specialists of medium qualification level in the financial support of the teaching staff will be an incentive for the development of their 2013 amounted 1415 vacancies, most of which was for the professions of nurses (nurse professional skills and transfer of knowledge, skills, and abilities to future generations. School, practitioners, technicians, physiotherapists, pharmacists, etc), medical staff (nurses and specialized secondary schools, institutions of higher learning are the highest priority is the technicians-electricians. However, these positions are not in demand among students in preservation of traditional ways of life and stabilization of modern society. secondary vocational schools, which is confirmed by table 4. Innovation and education cluster involves firstly, the creation of a large University centres, implying the availability of quality faculty, which will be provided educational mobility, 1 Higher and secondary special educational institutions in the region. Statistical Bulletin / territorial body of Federal state statistics service of the Stavropol region. 93 – 2014 – N-12 (S. 45); availability of sports facilities, because the health of our future generations is essential to 2 On the number and needs of organizations of workers in occupational groups. / Territorial body of Federal state statistics the development of the state; secondly, the development of vocational schools, assistance in service of the Stavropol region. 2014. – S. 12; education and development which should provide not only public authorities, but also large

202 203 CONTEMPORARY PROBLEMS OF SOCIAL WORK VOLUME 1, No. 1, 2015 companies (Rosneft, Gazprom, etc). Innovation and education cluster will not only create decent a theoretical point of view is justified, because education as a social institution responsible for conditions for teachers but also for students. Thus, it is expected to create about 50 thousand the production of unique resource – human capital. And the “new” education system performs jobs in the near future, while large corporations and companies will help to create a sort of in society not only sociological and azeotropically role, but also integrating. The modern system technical schools for training or continuing education for the non-working population in those of education will create an innovative resource that will seek to create new social practices and occupations that are in demand at present. the development of the regions and the country as a whole. To create a new educational center affects not only higher educational establishments and However, in recent years has decreased the level of welfare of a significant part of skilled vocational schools and schools that will allow for the exchange of experience, the formation professionals, since mental health in the country are poorly paid and as a result the middle of a unified approach to education and educational standards. However, because the North class has shrunk. The demand for educated and highly skilled professionals at the present time, Caucasus is a multinational, and, according to many experts, one of the most difficult Russian unfortunately, falls, and part of the middle class in recent years I’ve started to work. Therefore, it regions, it is necessary to take into account both national and religious factors in the formation is possible to argue that there is a fairly large gap, which by objective and subjective criteria can of this cluster. join the ranks of the middle class under favorable economic development and a stable political Repeatedly, project experts to assess the quality of education say about the lack of situation that will allow it to become the basis of a full-fledged middle class in the emerging communication between educational institutions, on the one hand, enterprises and agencies, new Russia. on the other, which significantly inhibits the development of the economy. And the formation It is a comprehensive strategy for socio-economic development of the North Caucasus Federal of any kind of clusters is intended to revive the economy of the region, the North Caucasus at district, where one of the most important places will take innovation and education cluster, and the moment need. to allow for stabilization and harmonization of social relations in the region. Innovation and Thus, through effective innovation and education cluster will be solved a number of problems education cluster will be the basis for the formation of the middle class in the region, and will already at this stage: unemployment, through the availability of highly qualified specialists; contribute to the formation of competent, well-qualified personnel, form the basis of the middle the stabilization of the economic system, through the formation and development of effective class – the main productive force of society, which will bring the North Caucasus Federal district middle class. to the innovative way of development. The “new” education system will perform not only integrating, sociological, but azeotropically The scope of the results. role, creating an innovative resource that will seek to create new social practices. Thus, it is Data obtained from analysis of the distribution of the middle class in the Stavropol territory, necessary to examine the role of the education cluster in the system of the formation and has allowed to determine the direction of adjustment of the strategy of socio-economic development of the middle class, because, for designing the “new” social policy in the North development of the North Caucasus Federal district as the creation of innovative educational Caucasus Federal district, the most important is the determination of the capacity of the cluster. The results of the study are applicable in the practice not only of public authorities middle class at the expense of the layers located in the lower social stratum. Accordingly, it is (Federal and regional), as well as in the activities of municipal authorities in policy-making in necessary to determine the impact of the “new” education system on the scale and intensity of education and socio-economic development. the movements in the social structure of society. The novelty. Within the adjustments of socio-economic policy areas proposed the creation Analyzing the idea of the “middle class” modern political scientists and sociologists, we of an innovation education cluster as a mechanism for the formation and development of conclude that in all material reservations the middle class really is the decisive force, has in the middle class. The introduction of the proposed innovation and education cluster in the addition to stabilizing, consolidating functions and innovation [7], because it is the basis framework of the strategy for socio-economic development of territories [the North Caucasus of formation of the intellectual potential of the country, the STP engine that allows you to Federal district] will increase the level of education of the population, the formation and provide in the countries of the Western type preventing unsustainable use of natural resources, development of effective middle class and economic security by ensuring the stability of the modernization of industries, and, therefore, the provision of state independence, stability, socio-economic system and harmonization in her social relations. ability to self-development and progress. The complexity of the identification of the middle Conclusion. Thus, the role of innovation and education cluster formation conditions for the class currently largely exacerbated by the following phenomena: the immaturity of the social development of the middle class, from a theoretical point of view is justified, because education structure, significant violations of relations between criterial characteristics of social groups, as a social institution responsible for the production of unique resource – human capital. And including deformation traditional chain: “education – professional status – income – identity”. the “new” education system performs in society not only sociological and azeotropically The dependence of the social status of education is determined by the following role, but also integrating. The modern system of education, through the establishment of the circumstances. First, belonging to the kernel of the middle classes requires a high level of innovation and education cluster, will create an innovative resource that will seek to create new education of citizens, and secondly, the middle classes have the most updated education, thirdly, social practices and the development of the regions and the country as a whole. the middle classes are the children of highly educated parents. The core of the middle classes today are predominantly citizens with higher education, at least in the second generation, References in English: which is important for a variety of reasons, and chief among them is that the middle classes 1. Bondareva K. P., Regina I. N., Yatsur A.V. Analysis of socio-economic development of reproduce existing patterns of social behavior. The pursuit of higher education is a key element territories from the point of view of policy implementation in the field of formation and development of the middle class. // KANT.Economics & management: scientific cited peer- of this social behavior. [3,8] Thus, the middle class is clearly and significantly different from reviewed journal. 2014. – № 1(3). – pp. 25-28. their social environment, indicating the presence of significant social barrier that separates the 2. Volodin A. N., Rud N. Y., Nosoleva L. Century. To the problem of providing economic, financial middle class from “Naslednik” and about the size of the resources needed to overcome it. and technological security of Russia in the conditions of globalization. // The journal From the foregoing it is possible to conclude the following: the role of innovation and “Management of economic systems: electronic scientific journal” 2013, No. 12. education cluster formation conditions for the development of the middle class, from

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3. Gerasimov, I. Education as a factor of integration in multicultural space // southern Federal 10. Krjukova E.M., Makeeva D.R. Rol’ jekspertov v ocenke i sertifikacii kvalifikacij personala sfery district: the dynamics of interethnic relations in the changing ethno-political space: servisa.//Vestnik Associacii VUZov turizma i servisa. – 2013. – № 1. – S. 9-14. Materials of scientific-practical conference. – Rostov n/A. – Pyatigorsk: Publishing house of 11. Krjukova E.M., Makeeva D.R. Sertifikacija personala kak instrument povyshenija kachestva the Academy, 2009. – pp. 50-57. uslug kompanij sfery servisa.//Nacional’nye interesy: prioritety i bezopasnost’. 2012. № 14. 4. Zborowski, E., shuklina E. A. “Education as a resource of information society” // Scientific S. 29-34. and political journal of the SOCIS, 2005. No. 7. – pp. 107-113. 5. Modern sociologists of education: textbook / Series “Alma Mater”. – Rostov/D: Phoenix, REFERENCE TO ARTICLE 2005. – 320 p. Yatsur, A.V. (2015) Innovation and education cluster as the basis for the formation and 6. Yatsur A.V. Barriers to the growth of the middle class as a threat to the economic security of development of the middle class of the north-caucasian federal district, Contemporary the Stavropol region//Bulletin of the Stavropol state University: academic journal, 2012. – Problems of Social Work, Vol. 1. No. 1. 2015. P. 197-207. DOI: 10.17922/2412-5466-2015-1- № 80 (3). – pp. 26-31. 1-197-207. 7. Yatsur A.V. Methodology of identification of the middle class as a mechanism of economic security/ Management/ economic systems: an electronic journal, 2012. No. 7(43): URL:http://www.uecs.EN 8. Yatsur A.V. Features of the state policy in the field of formation and development of the middle class in the context of ensuring economic security of the Russian Federation.// Innovation economy: new tasks and challenges, the I international scientific and practical use. proc. (15.10.2012; Yoshkar-Ola (Russia)/Volga research center. – Yoshkar-Ola: A Colloquium, 2012. – pp. 126-131. 9. Maloletko A. N., Kaurova O. V. Karmanova T. E., Kryukova E. M. Mechanism of implementation of cluster innovation policy in the regions of the Russian Federation.//Proceedings of the Russian state social University. 2014. No. 3 (125). pp. 42-45. 10. Kryukova E. M. Makeev, D. R. the Role of experts in the assessment and certification of qualifications of personnel in the sphere of service.//Bulletin of the Association of Universities of tourism and service. – 2013. – No. 1. pp. 9-14. 11. Kryukova, E. M., D. R. Makeev Personnel certification as a tool to improve the quality of services of the companies of sphere of service.//National interests: priorities and safety. 2012. No. 14. pp. 29-34.

References in Roman script: 1. Bondareva K.P._ Rajina I.N._ Yacur A.V. Analiz strategii socialno_ekonomicheskogo razvitiya territorii s tochki zreniya osuschestvleniya politiki v oblasti formirovaniya i razvitiya srednego klassa. // KANT.Ekonomika & upravlenie_ nauchnii recenziruemii citiruemii jurnal. 2014. – № 1_3 2. Volodin D.N._ Rud N.Yu._ Nosoleva L.V. K probleme obespecheniya ekonomicheskoi_ finansovoi i tehnologicheskoi bezopasnosti Rossii v usloviyah mirovih globalizacionnih processov. // Jurnal “Upravlenie ekonomicheskimi sistemami_ elektronnii nauchnii jurnal” 2013_ № 12. 3. Gerasimov G.I. Obrazovanie kak faktor integracii v polikulturnom prostranstve // Yujnii federalnii okrug_ dinamika mejetnicheskih otnoshenii v menyayuschemsya etnopoliticheskom prostranstve_ Materiali nauchno_prakticheskoi konferencii. – Rostov n/D. – Pyatigorsk_ Izd_vo SKAGS_ 2009. – S. 50_57. 4. Zborovskii G.E._ Shuklina E.A. «Obrazovanie_ kak resurs informacionnogo obschestva» // Nauchnii i obschestvenno_politicheskii jurnal SOCIS_ 2005. _ № 7. – S. 107_113. 5. Sovremennaya sociologi obrazovaniya_ Uchebnoe posobie / Seriya «Alma Mater». – Rostovn/D_ «Feniks»_ 2005. – 320 s. 6. Yacur A.V. Bareri rosta srednego klassa kak ugroza ekonomicheskoi bezopasnosti Stavropolskogo kraya//Vestnik Stavropolskogo gosudarstvennogo universiteta_ nauchnii jurnal_ 2012. _ № 80 _3,. – S. 26_31. 7. Yacur A.V. Metodika identifikacii srednego klassa kak mehanizma obespecheniya ekonomicheskoi bezopasnosti// Upravlenie ekonomicheskimi sistemami_ elektronnii jurnal_ 2012. № 7_43,_ URL_http_//www.uecs.ru 8. Yacur A.V. Osobennosti gosudarstvennoi politiki v oblasti formirovaniya i razvitiya srednego klassa v kontekste obespecheniya ekonomicheskoi bezopasnosti RF.// Innovacionnaya ekonomika_ novie zadachi i vizovi_ I Mejdunarodnaya nauchno_prakt. konf. _15.10.2012; Ioshkar_Ola,/Privoljskii nauchno_issledovatelsk 9. Maloletko A.N., Kaurova O.V., Karmanova T.E., Krjukova E.M.Mehanizm realizacii klasternoj innovacionnoj politiki v regionah Rossijskoj Federacii.//Uchenye zapiski Rossijskogo gosudarstvennogo social’nogo universiteta. 2014. № 3 (125). S. 42-45.

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