Annotations of journal №5 (2015)

RIGHT OF TRADE UNIONS TO CONTROL LABOR LAW COMPLIANCE

 

By
T.L.Adrianovskaya

 

Adrianovskaya Tatiana Leonidovna - Candidate of Law,
Associate Professor of the Department of Civil Procedure and International Law
of the Kubansky State University.

Address: Platanovy Blvd 6, apartment 91, Krasnodar,
350089.

Tel.: +7 (918) 243 88 41. E-mail: mesmai@mail.ru

 

Summary. The article deals with the issues related to the trade
unions' right to control the labor law compliance. The author pays attention to
some difficulties in exercising this right, as these issues are regulated by
various statutory acts, which need to be applied in the aggregate. The article
analyses the specifics of trade union's control of the labor law compliance,
the classification of types of such control. Based on comparative analyses of
the provisions of the Labor Code of the Russian Federation and Federal law №
10-FZ dated Jan. 12, 1996, "On Trade Unions, Their Rights and Guarantees", the
author concludes that there are conflicts in the legal regulation of trade
unions' control of the labor law observance. Besides, the author contemplates
the right of trade unions to set up their own labor inspections having
authorities provided in the regulations as approved by trade unions. The
article touches upon a topical problem of the interaction between unions and
their labor inspections and the state watchdog agencies and public prosecutor's
offices in the field of the labor law compliance. The author gives examples from
the court practice on the case in point. And the author stresses that when
passing judgment, the courts refer to the provisions of both the Labor Code of
the Russian Federation and Federal law № 10-FZ dated Jan. 12, 1996, "On Trade
Unions, Their Rights and Guarantees". However, the legal effect of a law code
and a federal law is a matter of argument per se, which cannot but pose extra
problems in the law enforcement.

 

Key
words:
trade union, control, labor legislation, labor
inspection, right of trade unions, Labor Code of the Russian Federation, law on
trade unions.

 

SOCIOECONOMIC
ANALYSIS OF INVESTMENT ATTRACTIVENESS OF THE INDUSTRIAL PARK (BY EXAMPLE OF
PUBLIC CORPORATION INDUSTRIAL PARK OKA-POLIMER)

By
T.M.Kryukova, M.G.Averkin, N.L.Simonets

Krykova Tamara Mikhailovna - Candidate of Economics,
Head of the Department of Management, Finances and Accounting of the
Nizhegorodsky Branch of the Academy of Labor and Social Relations.

Address: Akademika Sakharova St. 113, apartment 1,
Nizhny Novgorod, 603162.

Tel.: +7 (831) 464 46 59. E-mail: kryukova-tamara@rambler.ru

Averkin Mikhail Gennadievich - Candidate of Sociology,
Associate Professor, Head of the Department of Trade Unions Movement and
General Subjects, Director of the Nizhegorodsky Branch of the Academy of Labor
and Social Relations.

Address: Gagarina Av. 25B, apartment 9, Nizhny
Novgorod, 603057.

Tel.: +7 (831) 412 31 60. E-mail: pr.e@mail.ru

Simonets Natalja Leonidovna - Associate Professor of
the Department of Public Communications and Advertising of the Academy of Labor
and Social Relations, Director of Information and Publishing Center of the
Academy of Labor and Social Relations.

Address: Lobachevskogo St. 90, Moscow 119454.

Tel.: +7 (499) 739 62 80. E-mail: idatiso@mail.ru

 

Summary. The article deals with the issues of establishment and
operation of industrial parks in the regions. Using public data, the authors
make an analysis of the financial performance of Public Corporation Industrial
Park Oka-Polimer. The authors emphasize the role of industrial parks in the
development of industry and economy in whole as a basis for their competitive
recovery. The authors point out that industrial parks are important and
necessary in order to create favorable conditions for investors. This study is
topical because there is practically no efficient alternative to a progressive
planned innovation development under existing economic conditions in the
Russian Federation. This in turn requires proper investment, program as well as
competent managing on the federal and regional level and control system
improvement. The authors clearly demonstrate that today's economic trends
result from the market regulation, which grow at the expense of the most
cost-effective and commercially attractive business projects. Upon results of
the analysis made, the authors come to a conclusion as regards the level of
investment attractiveness of the industrial park and determine trends to
evaluate investment attractiveness of industrial parks in general.

 

Key
words:
industrial park, investment attractiveness, methods,
infrastructure support, financial analysis.

 

 

SOCIAL ADMINISTRATION: REVISITING SOME DOGMAS

 

By Yu.N.Popov

 

Popov Yuri Nikolaevich - Doctor of Economics,
Professor of the Department of Economy and Management of the Academy of Labor
and Social Relations, Honored Scientist of the Russian Federation.

Address: 16th Parkovaya St. 49, block 2,
apartment 158, Moscow 105523.

Tel.: +7 (495) 468 60 51. E-mail: popov_un@mail.ru

 

Summary. The main appeal of this article is to give up
idolizing the profits and price criteria, review a number of historically
established dogmata in the field of the social administration, which continue
to be widely used at present. In this connection, the author underlines that in
a social market economy the substance of the employer-employee relations
changes too. One can already regard these relations as an exchange of services.
An employer provides an appropriate workplace, and a skilled employee with a lifeware
and creative potential participates in the production of a marketable product.
The author supports his concept with the following considerations: (a) The
competitive ability should be believed a priority as compared to profits, which
are so far the main purpose in the management system; (b) The employer-employee
relations should be based not on the selling and buying of workforce, but on
the exchange of services between the owner of the means of production and the
owner of a lifeware and creative potential (in the author's opinion, such
concept as "workforce as a subject of sale" has already gone out of date); (c)
The historically outlasted Tailor-Ford management model should be abandoned,
and some new management principles should be adopted; (d) considering the
modern imperfection of the wage structure, it is necessary to intensify its
motivation function, which would help an employee farther uncover his
intellectual and creative potential.

 

Key
words:
social administration, management, competitiveness,
human resources, social participation, labor relations, wage.

 

MENTORING IN INTERN'S ACHIEVING OF PROFESSIONAL
COMPETENCY

 

By J.R.Sharygina

 

Sharygina Julia Rimovna - Postgraduate of the
Department of Labor Economics and Human Resources Management of the Academy of
Labor and Social Relations.

Address: Lobachevskogo St. 90, Moscow 119454.

Tel.: +7 (910) 425 05 97. E-mail: julia.sharygina@gmail.ru

 

Summary. The author in her article tells us the story of origin
of the concept "mentoring", brings up the question of the organization of the mentoring
institution, analyses some innovative approaches to solve this problem. The mentoring
in all studies is appropriately regarded as a model of knowledge management and
evolution of those faculties of young employees that can ensure competitive
advantages to enterprises. The author outlines the professional fields where the
mentoring is most called-for. The authors sorts out some labor practices where
the mentoring traditions need to be renewed, notably trades with a high level
of responsibility and risk; up-to-date enterprises where an innovative model of
technological expansion and process control is adopted and the equipment is
from time to time replaced; the public health care service that implies a
higher degree of responsibility for human lives and processes related to a
health care, etc. The author considers the problems of formation of the mentoring
institution at a company, meaning the creation of a set of corporate by-laws,
the selection of a form of the mentoring, the elaboration of unified approaches
(scenarios) to the organization and use of the mentoring mechanism in relation
to interns. The author emphasizes the importance of the evaluation of mentors'
performance, notes the functionality of the mentoring institution (the
communication of knowledge and skills to interns and keeping of the corporate
information in house). The author comes to a conclusion that the mentoring is
an optimum form of a corporate training for interns in order to improve the
competitiveness, vital capacity, survival potential, stability of enterprises
and preserve their vocational status. At present, it is also important that the
mentoring as a crisis-proof technology allows a company to form its own
professional staff, based on its actual needs, the system of values adopted and
considerable financial and timing budgets.

 

Key
words:
tutorship, mentor, intern, coaching, mentoring, tutor,
corporate training, competitiveness.

 

CROSS-CULTURAL INTERACTION IN THE COURSE OF
DEVELOPMENT OF THE LOWER VOLGA REGION

 

By
P.I.Struchalin, N.A.Smirnova

 

Struchalin Pavel Igorevich - Candidate of Philosophy,
Associate Professor of the Department of Economy and Management of the
Volgograd Branch of the Academy of Labor and Social Relations.

Address: Kim St. 6 B, Volgograd.

Tel.: +7 (902) 382 21 90. E-mail: pstruchalin@yandex.ru

Smirnova Natalya Alexeevna - Candidate of Sociology,
Director of the Volgograd Branch of the Academy of Labor and Social Relations.

Address: Kim St. 6 B, Volgograd.

Tel.: +7 (966) 789 94 77. E-mail: natalya-smirnova@yandex.ru

 

Summary. The article is devoted to a complicated and
long-standing process of the development of the Lower Volga region, during
which the field and cultural experiences of different peoples came to light.
The social and political instability and severe climatic conditions impeded the
development of the region. But the vast virgin fertile lands on hand, an
opportunity to grow southern crops, abundant fishing and the existence of the
Volga highway were the positive preconditions. The region was developed by
migrants who belonged to various ethnic groups. An interchange of cultural
experience came about: The experience of Ukrainian peasants allowed to start
cultivating the virgin lands; Tatar farmers were the first who learnt how to
grow watermelons and vegetables. There emerged an agriculture that fitted the
local conditions. In building, there was a mix of Russian methods (timber
houses) and habits of the local nomadic peoples (temporary beaten cobworks).
Step by step, more nomadic peoples (Nogays, Kalmyks and Kazakhs) were drawn
into the system of economic relations. The migrant peasants learnt from them
how to raise cattle. In turn, the nomads learnt crop farming, useful arts and
became settled. The history of German settlements is a good example of fruitful
cooperation between the Lower Volga peoples: the production of cotton fabric,
tobacco, wines, mustard gained ground from the Volga Germans. As from the end
of the XIXth century, because of the
industrial revolution, progress of the commodity-money relations, the national
differences in lifestyle started vanishing. Nonetheless, the ethnic features
due to their conservatism favored to cherish traditions. The authors concluded
that a specific economic structure had been set up in Russia, based on the
cross-cultural interaction between various national groups without losing their
unique identity.

 

Key words: economy,
ethnic group, migration, tradition, interaction between national cultures.

 

MACROECONOMIC STABILITY AS A FACTOR OF DEVELOPMENT OF
SMALL AND MEDIUM-SIZED BUSINESSES

 

By A.A.Solovyov

Solovyov Alexander Alexandrovich - Postgraduate of the
Department of Economics and Management of the Academy of Labor and Social
Relations.

Address: Lobachevskogo St. 90, Moscow, 119454.

Tel.: +7 (916) 229 00 10. E-mail: sashamgs@gmail.com

 

Summary. The author in his article deals with the
interconnection between the development of macroeconomics and small-scale
business. The author points out that every unit of money spent by the state can
boost demand for the goods and services by more than such unit is worth. There
thus occurs an effect of multiplier. By all appearances, it should beneficially
affect the performance of small and medium-sized businesses. However, the
author stresses, this would not happen in reality. The fact is that Russian
companies' assets are to a large extent imported products. So, public purchases
for the country's economy, particularly for small-scale and medium-scale
enterprises, have a minor effect. Public purchases significantly impact the
economy of the country only when they are aimed to promote investment, but not
to curb inflation. The author investigates that macroeconomic indicators
substantially influence the development of small and medium-sized businesses.
He also analyses the interconnection between business and such indicators as
inflation, labor productivity at large-scale enterprises, monetary and credit
policy, manpower potential, import dependence. The author underlines the
historical peculiarities of the evolution in the country of small and
medium-sized businesses that have been frozen out by big businesses throughout
the XXth century. Using a
production capabilities model, the author demonstrates how the Russian economy
operates. And the author concludes that without an increase of labor
production, the Russian economy is not able to generate small-scale businesses,
which are in dire straits of human capital. So, such measure as decreasing
transaction costs is fruitless. The problem with shall-scale businesses is the
tip of the iceberg, and it cannot be fixed only through liberalization of the
economy.

 

Key
words:
macroeconomics, inflation, labor production, monetary
and credit policy, small and medium-sized businesses, production capabilities
limit.

 

 

SELF-PROTECTION OF RIGHTS IN THE SPHERE OF CREDIT
COOPERATION

 

By
E.A.Novoseltseva

 

Novoseltseva Elena Alexandrovna - Senior Lecturer of
the Department of Law of the Volgograd Branch of the Academy of Labor and
Social Relations.

Address: Kim St. 6 B, Volgograd, 400001.

Tel.: +7 (8442) 26 72 82. E-mail: vfatiso@mail.ru

 

Summary. The author in his article contemplates a
self-protection of rights as an alternative to a legal protection of
rights conducted judicially and administratively with respect to the credit
cooperative legal relationship. The author systematizes certain means of
self-protection within a unified form. The author divulges the concepts of
preclusive, possessory, compensation self-protection of rights as an
independent activity of participants in the civil relations, i.e. shareholders,
credit cooperatives or self-regulated organizations (SRO). The author pays a
particular attention to a secured function of the self-protection. From the
aspect of this paper, the author scrutinizes the scientific data on the subject
and the Russian legislation. The author substantiates in theory the possessory
self-protection as a restoring method to settle differences by means of
negotiations, mediation or arbitration. The author concludes that the meaning
of the term "self-protection of rights" implies the protection by act or omission
committed personally by the person concerned. The article observes that in the
credit cooperation, the possessory self-protection is conducted to settle
disputes by mediation. The author emphasizes an important role of a SRO as an
agency, within which the self-protection process is to a large extent managed.
In conclusion, the author states that there are all necessary legal
characteristics in the self-protection of civil rights in order to allocate it
a separate form of protection of civil rights.

 

Key words:
credit cooperative, self-regulated organization (SRO),
self-protection of rights, credit cooperative relationship, shareholder,
illiquidity of loans, arbitration.

ON INHERITED AND POSTMORTAL SUCCESSION

 

By L.A.Galaeva

 

Galaeva Lyudmila Anatolievna - Candidate of Laws,
Associate Professor of the Department of Civil Law and Civil Procedure of the
Mordvinian State University named after N.P.Ogarev.

Address: Bolshevistskaya Str. 68, Saransk, 430005,
Republic of Mordovia.

Tel.: +7 (8342) 47 29 13. E-mail: vikanayka@mail.ru

 

Summary. The article is devoted to some aspects of the
classification and list of insurance payouts within the compulsory retirement
insurance scheme, which payouts turned out substantially altered taking into
account the latest amendments to the pensions law. In this connection, the
author analyses the social and civil legislation pertaining to the legal fate
of retirement benefits. One can be entitled to such benefits, if only there are
pension savings in the special part of the personal account of the insured. The
author examines some specific insurance payouts, into which pension savings are
converted when the insured dies prior to or after the occurrence of
contingency, which constitutes a major legislative jural fact. The article also
concerns the savings pension, lump-sum pension savings payouts, fixed-date
pension benefits payments, pension savings payments to legal successors to the
deceased insured person. The author tries to disclose peculiarities and
problems of the legal regulation of the lapse of rights to certain insurance
payouts in terms of the inherited and post mortal succession. The author
specificates a number of issues that the legislator overlooked concerning the
post mortal transfer of rights to a lump-sum pension payout and substantiates
that it is necessary to include such payout in Art. 1183 of the Civil Code of
the Russian Federation. Besides, the author touches upon some problems related
to the nomenclature of certain federal laws and other by-laws in the sphere of
social relations.

 

Key
words:
compulsory retirement insurance, pension savings,
inherited succession, insured person, post mortal succession.

 

 

EVOLUTION OF RUSSIAN PUBLIC DIPLOMACY IN RELATION TO
EUROPEAN STATES

 

By
O.Yu.Zakharova

 

Zakharova Oxana Yurievna - Doctor of History,
Professor of the Department of World Politics of the Moscow State University
named after M.V.Lomonosov.

Address: Nikulinskaya Str. 12/2, apartment 91, Moscow,
119602.

Tel.: +7 (915) 209 02 82. E-mail: n.sesekina@yandex.ru

 

Summary. The public diplomacy currently attracts interest in
Russia and worldwide as one of the effective remedies to amicably solve
foreign-policy problems, which is particularly topical given a post-bipolar
world. There is no considered opinion in Russia as to the goals and means of
the public diplomacy, which, in the judgment of some politicians, does not make
history in our country. The author in her article denies such assertion and
proves that since the Russian state came into existence upwords, there has been
a practice aimed at building Russia's political image in the world arena. This
became especially apparent in the Old Russian state and at the times of the
empire. The author in her paper keeps a critical eye on the state of the public
diplomacy in modern Russia and gives some recommendations as to how the
situation can be changed.

 

Key
words:
state, society, public diplomacy, image,
communications, culture, foreign policy.

 

ANALYSES OF WORLD EXPERINCE TO EXPAND IMPORT
SUBSTITUTION

 

By
I.V.Samoylenko

 

Samoylenko Inna Victorovna - Candidate of Economics,
Associate Professor of the Department of Business Law of the Volgograd Branch
of the Academy of Labor and Social Relations.

Address: Kim St. 6 B, Volgograd.

Tel.: +7 (927) 503 14 42. E-mail: inna-v-s@yandex.ru

 

Summary. The article focuses on the issues related to the
realization of import substitution. The author explains the concept "import
substitution", highlights the export oriented model of economy, reviews and
analyses the world experience in the import substitution policy in Latin
America, India, China, Asian and African countries, their achievements and
failures on their way to economic growth. The author finds some similarities
and differences in the realization of import substitution in the countries
under study. The author divulges the reasons for Russia's transfer to the
import substitution, analyses the stages of such transfer and detects the
factors that impede the realization of import substitution. The results of the
study show that Russia needs to pursue a policy of import substitution. At this
conjuncture, however, this course should be implemented comprehensively.
Therefore, it is necessary to elaborate a strategy aiming to realize import
substitution taking into account all problems and priority directions where the
Russian producers can, and must be able to, meet competition. In the developing
countries, the industry policy extends wider as compared with the developed
countries and is regarded not as a means to cure certain failures in the market
mechanisms, but as a general strategy to make up leeway and pull the gross
domestic product up the level of the Western states. The author concludes that
Russia is interested in the experience of the developing countries,
particularly the experience in the import substitution and export oriented
industrial strategy. The unprecedented economic boom in the East Asian
countries that has no analogue in the world economic history is of particular
interest.

 

Key
words:
import substitution, export oriented economy, world
experience, competitive recovery, industrialization, firming of the domestic
market, industry modernization.

 

METHODOLOGICAL ASPECTS OF THE ELABORATION OF A
STRATEGY FOR THE REGIONAL SOCIAL AND ECONOMIC DEVELOPMENT IN RUSSIA

 

By E.G.
Gushchina, E.S. Vasilyev, L.A. Sizeneva

 

Gushchina Elena Gennadievna - Doctor of Economics,
Professor of the Department of Economics and Management of the Volgograd Branch
of the Academy of Labor and Social Relations.

Address: Kalinina St. 25, apartment 11, Volgograd,
400001.

Tel.: +7 (927) 257 10 40. E-mail: L055@mail.ru

Vasilyev Evgeny Segreevich - Candidate of Economics,
Associate Professor of the Department of Economy and Management of the
Volgograd Branch of the Academy of Labor and Social Relations.

Address: Kim St. 6 B, Volgograd, 400001.

Tel.: +7 (927) 522 57 88. E-mail: vasilevеs@gmail.com

 

Sizeneva Lidia Akexandrovna - Candidate of Economics,
Head of the Department of Economics and Management of the Volgograd Branch of
the Academy of Labor and Social Relations.

Address: Krasnoznamenskaya St. 8, apartment 128,
Volgograd, 400131.

Tel.: +7 (903) 375 29 17. E-mail: vfatico_em@mail.ru

 

Summary. This article is devoted to the problems of building-up
the development strategies on a regional level. The update of the
socio-economic area of the most of the constituent regions of the Russian
Federation coupled with a whole complex of problems is not possible without
taking into account the new territorial progress trends, challenges, patterns
and inconsistencies in the activity of the modern Russian society,
transformation of the social wants, realignment of the development strategies
in the regions to activation of the competitive advantages of such territories
based on innovations. In the authors' opinion, all the above determine the
changes in control strategies in the territories and a design of an appropriate
development mechanism for the regional socio-economic area based on transition
from the line and division principles to some new forms and methods, notably a
decentralized management of changes, stepping action on the region's economic
area within the bounds of the development of a strategy. Therefore, the social
and economic development strategies being today implemented in the constituent
regions of the Russian Federation should be elaborated by various ways, for
different periods and determine the goals adequate to the territory's specific
characters. Thereupon, seeking of some new methodological approaches adapted to
the modern management phenomena in the regions is quite urgent. This problem
can be solved by elaborating an all-in-one, but flexible and overall strategy
development system. It is observed in the article that this methodological
approach has a practical importance for both the regional and national levels
of the government administration. Besides, it is of considerable theoretical
importance for the development of the regional economic science aiming to
comprehend the processes connected with the elaboration and implementation of
the development strategies for the territories, given polarization and
formation of the innovation model of the Russian economy.

 

Key
words:
Economic crisis, regional development, inter-regional
disproportions, economic sanctions, policy target planning.

 

 

THE HISTORICAL STAGES AND DEVELOPMENT PROSPECTS FOR
THE ACTIVITY OF NATURAL MONOPOLIES IN RUSSIA

 

By A.N.
Gorbachev

 

Gorbachev Anton Nikolaevich - Postgraduate of the
Department of Economics and Management of the Academy of Labor and Social
Relations.

Address: Volzhky Blvd. 95, block 5, apartment 264,
Moscow, 109125.

Tel.: +7 (926) 254 27 74. E-mail: gorba4ev@gmail.ru

 

Summary. The article reviews the main development stages of
natural monopolies. The author defines the concept "monopoly", describes the
types of monopolies and economic specifics of the activity of natural
monopolies (the features of natural monopolies markets, the economy of scale).
The author cites the foundations for the operation of enterprises having a
natural monopolies nature. The author considers the economic and historical
aspects of the origin of the concept "natural monopoly", as well as how the
activity of natural monopolies was viewed starting from the end of the XIXth century up to now. The author shows how the
relations between the state and natural monopolies have developed since the
earliest times up to now. The author singles out the main historical stages of
development of the state regulation since the earliest times up to the period
of liberalization of the monopolistic markets and transition to the
market-oriented regulation. The author cites the specifics of development of
the activity of natural monopolies in Russia with account of the historical and
economical peculiarities on the territory of Russia since the end of the XIXth century (the development of railroads, war
industry and oil industry), during the XXth
century (planned economy - the GOELRO plan), at the end of the XXth century and the beginning of XX-st century,
when new technologies emerged and the competition developed on monopolistic
markets. The author gives an analysis of the characteristics of the activity of
the modern Russian monopolies, such as the selective privatization of property,
the budget-generating function of monopolies, the international importance of
the activity of monopolies, the security and stability of the state's infrastructure.
The author indicates the main tendencies of the development of the activity of
natural monopolies with consideration of both the Russian and international
expertise as regards the deregulation of the activity of natural monopolies,
use of the state-of-the-art technologies, increase of the efficiency of goods
and services distribution and consuming, improvement of state control
mechanisms.

 

Key
words:
Natural monopoly, power industry, communal complex,
state control, competition, power efficiency, deregulation.