Domestic Theory Research Articles

A Rawlsian Case for Economic Nationalism: Globalisation and Distributional Autonomy in the Law of Peoples

AbstractJohn Rawls’ resistance to any kind of global egalitarian principle has seemed strange and unconvincing to many commentators, including those generally supportive of Rawls’ project. His rejection of a global egalitarian principle seems to rely on an assumption that states are economically bounded and separate from one another, which is not an accurate portrayal of economic relations among states in our globalised world. In this article, I examine the implications of the domestic theory of justice as fairness to argue that Rawls has good reason to insist on economically bounded states. I argue that certain central features of the contemporary global economy, particularly the free movement of capital across borders, undermine the distributional autonomy required for states to realise Rawls’ principles of justice, and the domestic theory thus requires a certain degree of economic separation among states prior to the convening of the international original position. Given this, I defend Rawls’ reluctance to endorse a global egalitarian principle and defend a policy regime of international capital controls, to restore distributional autonomy and make the realisation of the principles of justice as fairness possible.

Типология рисков территорий опережающего развития

The article deals with the one of the most difficult aspects of the implementation of public-private partnership (PPP) - risk management. That partnership is the answer to the solution of problems with the choice of an effective way of development of transport, social, communal and other infrastructure. The practice of using PPP forms is gaining popularity in the territory of Russia. The authors considers the matters of the Russian economy improvement by readjustment the existing risk management paradigm of a PPP. An integral part of highly professional risk management is the definition of management objects in the economic sphere. A number of controversial issues related to classifications of risks of PPP is raised in the article. Since the domestic theory has not yet solved the problem of clear and comprehensive risk identification in the implementation of projects based on PPP, it is necessary to develop such a classification is now becoming particularly relevant. Various available points of view on this issue are analyzed. The authors propose their position on the classification of risks for the territories of advanced development proceeding from the environment of their origin. The developed classification will help stimulate the PPP market from a practical point of view in different sectors. The modern advantages of using advanced development territories in the Russian Federation and recommended them as an organizational model of PPP are revealed. It should be noted that to date there is no single system of documents for the development of regional infrastructure, which causes a lot of uncertainties in the course of making a decision on this transaction.

Pojam i klasifikacija upravnih radnji - između teorije i zakonodavstva

This paper deals with the concept of administrative actions and their classification in the Serbian law. With the adoption of the new Law on General Administrative Procedure in 2016, administrative actions have been defined in this Law. Therefore, there is a need for analysis and theoretical determination of this important institute of administrative law, bearing in mind that the domestic theory of administrative law dealt with administrative actions only on the basis of special administrative legal texts. This paper tried to analyze and compare whether there are significant differences between the theoretical conceptions and the new definition of Law on General Administrative Procedure, of administrative actions. Based on the spotted differences, the author tried to determine the concept of administrative actions, which would be in accordance with the new definition, but which will not neglect the previous theoretical views of the actions of the administrative bodies. Also, comprehensive classification of administrative actions was carried out, pointing to examples of administrative actions.

The Impact of Customer Relationship Management on Organization Profit of in Somali

The purpose of this study to investigate the impact of customer relationship management on the profit of organization in Somali. The study used the domestic theory to analyze data by applying statistical package for social science (SPSS version 20.0) special regression model tool was used our study. The results The CRM are high influence Organization profit, so that CRM was the responsible employee retention. Somali businesses have not use Management information system. Also the researcher finding Somali full capacity internet. Also the researcher finding Somali have not use e-commerce, the reason the people have not knowledge Online Business and mostly citizen have not master card or credit card. The main objective of the study to investigate the effect of CRM on the profit of organization in Somali and to explore the CRM important of business in Somali. Also the researcher finding Somali have not use e-commerce, the reason the people have not knowledge Online Business and mostly citizen have not master card or credit card. Somalia companies have not department of CRM to keep customer satisfaction and luck of Management information system.

The Constitution of the Russian Federation and International Law: Theoretical Approach to the Concept of "Generally Recognized Principles and Norms of International Law", or On the Principles of law in General and on Principles in International Law

In the light of various concepts that exist and are widely used in domestic theory of international law, the term and the category 'generally recognized principles and norms of international law' have become an integral part of the Russian contemporary justice in a whole due to the provisions of the 1993 Constitution of the Russian Federation. There is no exaggeration or subjectivism in this assertion, since both the general theory of state and law and the branch legal sciences in our country transpose this concept in every way, believing obviously that the theory of international law itself has managed to elucidate whatever possible this term. It remains no more but to analyze the individual salient features of its application in domestic law - constitutional, criminal, civil, administrative, labor, etc. However, it is the international legal science that has not yet become able to define the substance and scope of the generally recognized principles and norms as part of the said system of law and to correlate, in the light of the results as achieved, to other categories and concepts immune to International Law. The main reason for this is the absence of unconditional confirmation of the term under consideration by positive law - it is neither fixed in the UN Charter nor in the UN General Assembly resolution Declaration on principles of international law concerning friendly relations and cooperation among States in accordance with the Charter of the United Nations of October 24, 1970. The same is to be referred to the Final act of the Conference on Security and Cooperation in Europe dated of August 1, 1975, although it would be mistakenly to assume that it is in general compatible with contemporary international law. A secondary factor contributing to such a state of things lives in the discrimination of approaches from the end of domestic and foreign doctrines, as well as in the lack of unanimity within each of them.

FORECASTING IN COMBATING CRIME AND IMPROVING THE MANAGEMENT PRACTICES OF LAW ENFORCEMENT AGENCIES ON THE APPLICATION OF MEASURES OF CRIMINAL AND LEGAL IMPACT ON CRIME WITH THE CRITERIA OF THEIR EFFECTIVENESS

The article discusses the possibility of prediction in combating crime in envisioning ways to improve the efficiency of law enforcement to impact crime through criminal law and other measures. Underline the fact that specified in the scope of this article aspects of domestic criminal law theory has not worked out common approaches, as evidenced by ongoing discussions on this issue. In particular, there is no common understanding of the logical-linguistic phenomena, among them the basic concept: "measures of criminal and legal impact", in connection with which the article is their original definition. For criminal law science, as with other legal Sciences remain difficult surveys to develop criteria for an effective impact on crime and forecasting. The paper presents the concept of "work" and management practices of law enforcement agencies on the effective application of measures of criminal and legal impact on crime and, primarily, on the basis of one of the main objectives of the criminal law - the prevention of crimes. The structure of this scheme consists of four groups that must be included in the development of forecasts in the sphere of fight against crime and its control and management. Is this: criminally-legal measures of crime prevention are in the educational effect on volatile and other persons and do not involve criminal responsibility; criminal-legal measures of crime prevention with the prevention of harmful consequences of the criminal act, deprivation of an offender to continue criminal activities, etc. achieved in the PU, the application of the perpetrators of legitimate violence (necessary defence, detention of the criminal) and criminal-law enforcement (criminal prosecution for preparation or attempted crime or completed less severe, compared to warned a crime); criminal - legal measures of implementation of criminal responsibility; other measures of impact on crime in furtherance of the purposes of criminal liability, beyond the considered groups, although having a number of their characteristics, as the application of the procedural measures of restraint in respect of suspects and accused persons, the application of compulsory measures of a medical nature to condemn alcoholics and drug addicts, all that is subordinated to the goal of preventing recurrence of crimes. Considering the issues of measures of criminal and legal impact on crime in connection with the prediction of the whole sphere of combating crime and related law enforcement the article notes the broad approach to the application of measures of criminal and legal impact on crime from the point of view of direct use of such measures in law enforcement for the prevention, suppression of crimes and the implementation of criminal responsibility is gained, sitela, which are based on criminal and other laws regulating the fight against crime. From the point of view of assessing practice effectiveness of the application of the criminal law as observationsas measures, the paper proposes to evaluate it according to formal parameters: the number of publications and broadcasts on television and radio, lectures, etc., and the effectiveness of these measures, as individual preventive measures is proposed to determine two parameters: the rate of detection of potential offenders (by retrospective analysis of the criminal cases of intentional crimes); the level of the positive impact of advocacy on identified potential offenders (by definition of the dynamics of the share of those who have committed crimes).

Constitutional-Legal and Administrative-Legal Aspects of Statutory Regulation and Maintenance of Public Security in the Russian Federation by the State and Private Actors

The topicality of the researched problem is caused by the need for the rule-making and law-enforcement activity of the Russian Federation and its constituent entities in the development of scientifically proven, clear and consistently understandable mechanism of public security regulation as well as the arrangement in Russia of an efficient system of state and private actors maintaining the public security, participation of civil institutions in the public security and order maintenance. The article objective is to develop the doctrinal key positions describing the specific features of constitutional-legal and administrative-legal framework of statutory regulation and public security maintenance in the Russian Federation. The dialectic interconnection between the constitutional-legal and administrative-legal means of public security regulation in the Russian Federation is the leading approach to this problem researching. The comparative-legal method, which allows researching the federal legislation and the legislation of constituent entities of the Russian Federation as well as the foreign experience in the researched sphere, is another method. The article contains the analysis of the provisions of the Constitution of the RF and the Federal Law Concerning Security, the determination of scientifically substantiated limits, structure and content of public security as an object of administrative and legal regulation, taking which into account the specific features of activity of the President of the RF, the Security Council as well as the legislative, executive and judicial authorities as the subjects of public security maintenance are described; the substantiation of specific features of activity of private actors maintaining the public security; the analysis of experience of activity of civil institutions participating in the public security maintenance in the foreign countries, including in the USA and Great Britain. The article materials can be used in the domestic and foreign theory of constitutional and administrative law, in the rule-making activity of the Russian Federation and its constituent entities, in the practical activity of executive authorities, citizens and non-governmental organizations, which participate in the implementation of the state policy for the public security maintenance.

MODERNVIEWS OF POSTURE (a review of the literature)

An analysis of russian and foreign literature, which shows changing perceptions about posture, starting from the point of view of mechanics (osteo-muscular theory) to look at posture as a biomechanical, neurophysiological and neuropsychiatric processes is presented.As the main domestic theories authors consider osteopathic posture, muscle and genetic theories.Among the foreign theories the most allocated the miofascial theory-special meridians Thomas Myers and Leopold Bjuske, postural deficiency syndrome, sensorimotor amnesia. Both domestic and foreign authors note the role of emotions in violation of posture. The article says about the possibility of learning good posture through capable of adaptation and improvement of automation movements.Align posture and balance are dynamic and adaptive options, and not static and fixed.

Transnational Legal Normativity

The chapter articulates the formidable challenges that transnational legal normativity poses to established thinking on legal phenomena and maps the different literatures that have emerged as a consequence. On the one hand discussions on transnational legal normativity are about new (supposedly) legal phenomena, the novel normative challenges these pose to state and international legal systems and the need for an interdisciplinary approach to study them. On the other hand, however, transnational law is at least as much a reflection on deep seated disciplinary assumptions of state-based legal scholarship and domestic legal theory which are now claimed to be untenable. Therefore, talking about transnational legal normativity amounts to reopening the investigation of what should count as domestic law.

INTERETHNIC FEATURES OF FACIAL EXPRESSION RECOGNITION

The article examines the main foreign and domestic approaches and theories of the face perception and the facial expression recognition. It also goes behind the existing studies on the face perception by representatives of different ethnic groups, as well as the recognition of facial expression by different ethnophores, the influence of the display rules and emotion recognition, the effect of intragroup advantage, orientation of culture, closeness and openness of the ethnos, localization of facial expressions on the success of recognition of emotion, describes the characteristics of representatives of Asian culture. On the basis of the empirical study, the differences in the of facial expression recognition by the subjects are confirmed, which consist in the fact that subjects from Russia, on the whole, better recognize the basic emotions, and also better recognize them on faces of European and African descent.

Origins of misapprehension concerning the purpose of the foreign currency clause

The paper identifies a widespread misapprehension concerning the purpose of the foreign currency clause and analyses the various possible reasons behind that misapprehension. The omnipresent dilemmas in domestic legal theory regarding the legal principle of monetary nominalism and valoristic doctrine are deliberated in the first part of the paper. The second part deals with the wider macroeconomic context in which the legislator enabled contractual arrangements containing foreign currency clauses, thus providing a comprehensive explanation as to the origins of factual errors, and thereby misinterpretation and misunderstanding of the law.

Methods of assessment and management of enterprise risks

The article is devoted to the actual topic of our time – the management of business risks. An integral part of professional risk management is to identify the nature of the object of management in the sphere of economy. Since the domestic theory of risk management is under development, the problem of a clear comprehensive definition of risk becomes now of particular relevance. The article discusses the basic concepts of risk management; studied its components in the business activities; reflected system and risk management principles; The basic types of risks in business. A organizational and economic mechanism of enterprise risk assessment. Practical advice on risk management. Entrepreneurship without risk does not exist. With the development of market economy the specific entrepreneur determines the methods that will work, and they all lead to entrepreneurial risks. The level of threats on the market today, above the level of potential profits. It is concluded that it is impossible to increase revenue without increasing the risk or reduce risk without reducing income. The lower range of the probability distribution of expected returns relative to its mean value, the lower the risk associated with this operation. Avoid risk in business is almost impossible, but you can reduce this risk. And it depends on how professionally and correctly operates the entrepreneur, what kind of strategy he will choose to reduce the appearance of risk.

Уголовно-правовая защита жертв преступлений по законодательству Швеции XX–XXI вв. (историко-правовой анализ)

The present article analyzes the historical and legal issues of victims of crimes in Sweden. At the present stage of development of Swedish criminal law, the Institute of the rights of victims of crime in Sweden is one of the most developed. Criminal protection of victims of crimes in the Russian Federation attends relatively little attention. The history of formation of Institute of the rights of victims is a necessary foundation for the development of it in a modern Russian theory of law and legislation. The historical background of the Institute the rights of victims which has determined the contours of a modern understanding of the rights of victims, for example, was reflected in a Swedish law. Some elements of the criminal law concept of crime victims in Sweden, such as free legal assistance, certain elements of compensation (e.g., compensation for physical and moral damages) may be implemented in the domestic theory of law and legislation. International studies indicate that the level of victimization of the population of European countries, which show the number of actual victims of crimes, is at average of 16% of the total population. In this regard, the possibility of the reception of the Swedish legal doctrine devoted to the protection of victims of crime is of particular importance for the Russian theory of law.

Theory usage in empirical operations management research: a review and discussion

Purpose The purpose of this paper is to analyze more than three decades of theory testing published in leading operations management (OM) journals. Design/methodology/approach This piece examines the amount of theory testing, the extent to which theories are tested multiple times, and the disciplinary origins of the theories that are tested. Findings The analysis revealed that empirical OM researchers have increasingly responded to demands for more theory-driven knowledge over time. OM researchers are developing and using a wide array of domestic theories to understand empirical data. The examination also revealed a substantial focus on theory borrowed from other scientific fields. Originality/value The findings here suggest that OM is clearly a maturing discipline. As the discipline matures, it is important to consider to what extent borrowed theories and frameworks can offer value to OM. A preliminary vetting model is advanced in order to critically assess foreign theory. It is hoped that future screening promotes only the most useful non-domestic theory, thereby ensuring sufficient journal space for domestic theory and resulting in effective solutions to the pressing, practical problems of the OM field.

National Personality Traits and Regime Type

Domestic theories of democratization emphasize the role of values, interests, and mobilization/opportunities as determinants of regime change. This article takes a step back and develops a model of national personality and democratization to ascertain the indirect effect of national personality traits on worldwide variation of regime type. In particular, I theorize that personality traits influence a country’s regime type by shaping citizens’ traditional and self-expression values, which, in turn, influence the establishment and consolidation of democratic institutions. Data from McCrae and Terracciano’s assessment of the five-factor model from 47 countries allow me to assess this hypothesis empirically. Results reveal that countries whose societies are high in Openness to experience tend to have more democratic institutions, even after adjusting for relevant confounders: economic inequalities, economic development, technological advancement, disease stress, climate demands, and methodological characteristics of the national sample. Although the effect of Extraversion on a country’s democratic institutions is also significantly positive, the inclusion of confounders weakens the reliability of this association. In an exploration of the mechanisms of these associations, a mediation analysis shows that the relationship between national Openness and democratic institutions is channeled through secular and especially self-expression national values. The same analysis with the effect of Extraversion on democracy indicates that the association between this trait and democracy is only channeled through national self-expression values but not national secular values. In short, this article constitutes a first step toward a more complete understanding of the cross-cultural psychological roots of political institutions.

Formation of state audit classification model

The object of research is classification of state audit. Today in the domestic theory and practice of control there is no clearly formed conceptual apparatus on state audit, which is defined as a «manifestation» of the state financial control – type, shape, type, method and so on.Methods of abstraction, analysis and systematization to determine significant differences and improving state audit conceptual apparatus, method of synthesis for the formulation of research findings are used in the research.Results of comparative analysis of existing classifications of state audit are revealed, validity of its identification as the form and type of the control is examined. Feasibility of state audit recognition as a form of the control is proved on the basis of awareness of its polymorphism. Its classification is made. It shows the current state of its development, so it can be the subject of critical evaluation and substantial improvement.The approach to the classification of public audit is based on the knowledge that public resources are its integrated object, and state audit should be viewed as a form of control, the widespread introduction of which in Ukraine provide certain guarantees for civil society in effective management of central executive bodies and local government bodies of public resources.The results of the study: the concept of «form of control», «type of control», «subtype of control» are specified and relationship between them is defined; it is found that state audit in the system of knowledge about state control as a kind of practice should be considered as its form, which further classification will lead to allocation of its types and subtypes; classification of public audit is developed.These results provide new conditions for development of the theory of state audit and its practical implementation, including extending to the entire list of public resources, as well as increase of state audit bodies.

PSYCHOLOGICAL AMORTIZATION FACTORS FOR MEDIA IMPACT IN DEVELOPMENT OF CHILDREN FROM DIFFERENT SOCIAL GROUPS

The aim of this publication is to analyze the domestic and foreign psychological researches on influence of TV-programs on social, cognitive and emotional development of children. Methods . Methods involve a comparative historical and psychological analysis of papers, manuscripts and archival records of television companies. Results . The present study demonstrates that educational television, subsequently on-line resources for children, affect operative cognitive functions, increase cognitive motivation, and contribute to the formation of other important cognitive and social skills. However, the impact on children on-screen resources depends on the status and education level of the family. Scientific novelty . Much attention is given to the fact that it is the first attempt to provide historical and psychological analysis of world-wide studies of the effects of children’s television, from the main countries-producers of TV and video programs for children of different age – Russia, USA, Germany, France, Israel, etc. Criteria and matrix for comparison of heterogeneous researches, the domestic theory of child development, cultural-historical approach, the theory of stage formation of mental actions, activity theory had been chosen. Practical significance of the research is that these criteria can be used to assess any of the videos, their educational potential. Psychologists involved in the process of television production, this article will help to simulate the learning process taking into account the age of the children and their socio-cultural origin.

Особливості національної самосвідомості у дітей молодшого шкільного віку

In the article the national identity of the individual, from a position of understanding themselves representative of a nation experiences a man of his identity with one national community and separation from others, are studied. The basic features of the foreign and domestic theories about the nature of the concept of national and civic identity are analyzed. National identity - is the result of turning the individual consciousness, it has its self formation and its image of a person as the nationally conscious man. Structural elements of the image have knowledge of the native language, Ukrainian customs, rituals and traditions, awareness of itself as the representative of a nation, national culture and history are viewed. It was found that stimulate different aspects of the national consciousness of the individual scientists are studied primarily from the perspective of cultural approach. The study is based on selected cognitive, affective and behavioral components of national consciousness of younger students. The results of empirical research conclusions shows that ethnic potential is in its development in a number of stages. In the primary school ethnic identity of children is emerging. Uneven development potential ethnic pupils confirms the real need for education specialists developed multicultural competence that would be willing and able to put into practice the program of multicultural competence and cultural literacy.

СРЕДНИЙ КЛАСС: ТЕОРЕТИКО-МЕТОДОЛОГИЧЕСКИЕ ПОДХОДЫ И КРИТЕРИИ ВЫДЕЛЕНИЯ, РЕЗУЛЬТАТЫ ПРИКЛАДНЫХ ИССЛЕДОВАНИЙ ПО РЕСПУБЛИКЕ ТАТАРСТАН

The paper focuses on the differentiation of the middle class. The authors study the main approaches used to define the middle class, based on foreign and domestic theory; present various views on the social structure of the society, and criteria for systematization from the point of view of their evolution and continuity. A brief overview presents the formation of the middle class from ancient times to the present. The paper describes classical and modern criteria for determination of the middle class, its main components in modern society, emphasizes its functional role – to stabilize and facilitate social progress. The authors analyze the features of the Russian middle class formation. When determining the middle class, the scientists take into account four criteria: education is not lower than secondary; monthly income per capita is median or higher in the Russian Federation and each region; nonphysical nature of work; self-identification is not below 4 or 5 on a 10-point scale. The paper provides the results of applied research in the Republic of Tatarstan and specifies the approaches to the definition of the middle class on the regional level. As a part of these studies, there is a division into the proper middle class and middle-class core. The middle class is understood as respondents with the “monthly income” as a key criterion, and the middle-class core is distinguished according to such criteria as: education, self-identification, type of work and trust in the government. As a result, the amount of middle class in Russia according to the experts varies from 3 % (“the ideal middle class”) to 30–60 % (“prospective middle class”).

Portfolio optimization retail investor

The article notes that the task of the investor's risk management is to, on the one hand, as much as possible to strive to achieve the criterion of risk level, and on the other hand, in any case not exceed it. Since the domestic theory of risk management is under development, the problem of the optimal ratio of "risk-income" becomes now of particular relevance. This article discusses the different distribution areas of the private investor in order to obtain the maximum profit. The analysis showed us the overall economic and political system of the country, as well as the legislative provision of guarantees to the investor. To obtain sufficient income and reduce losses it is important to maintain the optimum value found between the amount of the investor's risk and capital transactions. Model of optimal placement of funds led to the conclusion about inexpediency strong increase in the diversification of the investment portfolio (more than 10 different types of assets in the portfolio), since it increases the complexity of its practical form, while the portfolio characteristics are improved significantly. It is concluded that it is impossible to increase revenue without increasing the risk or reduce risk without reducing income. The analysis shows that there is no single best asset portfolio. It is impossible to increase revenue without increasing the risk or reduce risk without reducing income. Possible combination of the "riskincome" will depend on the objective function. Most diversified and bringing the best return per unit of risk, is a portfolio that contains the most risky assets.