Law and Modern States, 2014, No. 3


                LAW
                AND MODERN
                STATES




Comparative Studies Journal







2014 / No 3

                 LAW AND MODERN STATES
                 Comparative Studies Journal


FOUNDER: Consulting and Legal Protection of People Foundation

ISSN 2307-3306

DOI: http://dx.doi.Org/10.14420/en.2014.3











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EDITORIAL BOARD:


Svetlana Boshno, Doctor of Legal Sciences, Professor (Moscow)
William E. Butler, John Edward Fowler Distinguished Professor of Law Dickinson School of Law, Pensylvania State University (USA)
Olga Belousova, Doctor of Economics, Professor (Moscow)
Galina Vasyuta, Ph.D. (Psychology), Associate Professor (Volgograd)
Marina Davydova, Doctor of Legal Sciences, Professor (Moscow)
Kadyrbech Delokarov, Doctor of Philosophical Sciences, Professor, Honoured Science Worker of Russian Federation (Moscow)
Ekaterina Dogadailo, LLD, Ph.D (Jurisprudence), Associate Professor (Moscow)
Jenny M.T. Hardjatno, Doctor, ProfessorUniversity of Indonesia, Director of Center of European Studies University of Indonesia, Jakarta (Indonesia)
Abulfas Guseinov, Doctor of Legal Sciences, Professor Baku State University (Azerbaijan)
Marina Markhgeim, Doctor of Legal Sciences, Professor (Rostov-on-Don)
Nataliya Mamitova, Doctor of Legal Sciences, Professor (Moscow)
Elena Nazarova, Doctor of Sociological Sciences, Professor (Moscow)
Sergey Pavlikov, Doctor of Legal Sciences, Professor (Moscow)
William E. Pomeranz, Doctor of Legal Sciences, Ph.D., Deputy Director Kennan Institute (USA)
Igor Ponkin, Doctor of Legal Sciences, Professor (Moscow)
Valery Rybalkin, Doctor of Philology, Professor Kiev National State University, Head of Division of National Academy of Sciences (Ukraine)
Alevtina Shevchenko, Doctor of Political Sciences, Professor (Moscow)
Olga Tsybulevskaya, Doctor of Legal Sciences, Professor (Saratov)
Andrey Vassoevich, Doctor of Philosofical Sciences, Ph.D. (Economics), Professor (St. Piteresburg)
Elena Vinogradova, Doctor of Legal Sciences, Professor (St. Pitersburg)

            CONTENT


EDITORIAL
Tengiz Tatishvili ACADEMIC CITATION INDICES AND DATABASES (DOI: http://dx.doi.Org/10.14420/en.2014.3.1)...............................5

INNOVATIONS IN SCIENCE
Olga Belousova, Elena Chibisova INSTITUTIONAL SUPPORT OF THE STATE
INNOVATION POLICY IN THE SYSTEM OF RUSSIAN LAW (DOI: http://dx.doi.org/10.14420/en.2014.3.2)...............................8

DEVELOPMENT OF DOCTRINE ON SOURCES OF LAW
Alexey Vorivoshin OPERATION OF REGULATIONS IN VIEW OF SCOPE OF PERSONS:
APPROACHES TO CLASSIFICATION (DOI: http://dx.doi.org/10.14420/en.2014.3.3)..............................17
Garnik Adamyan CORRELATION OF NOTIONS OF SOURCES AND FORMS OF CORPORATIONS LAW
(DOI: http://dx.doi.org/10.14420/en.2014.3.4)..............................24

LEGAL THEORY
Inna Proshina THE IDEA OF «PRINCIPLE OF LAW» AS VIEWED BY THE PROPONENTS
OF NORMATIVE THEORY (DOI: http://dx.doi.org/10.14420/en.2014.3.5)..........31

COMPARATIVE LAW RESEARCH
Elena Akopova SYSTEM OF STATE ADMINISTRATION BODIES IN CHARGE OF
ENVIRONMENT PROTECTION IN REPUBLIC OF KAZAKHSTAN (DOI: http://dx.doi.org/10.14420/en.2014.3.6)..............................38

JURISPRUDENCE: PRESENTATION OF THE TEXTBOOK
Svetlana Boshno MEANS AND METHODS OF LEGAL REGULATION (DOI: http://dx.doi.org/10.14420/en.2014.3.7)..............................47

                  EDITORIAL


                  ACADEMIC CITATION INDICES AND DATABASES
DOI: http://dx.doi.Org/10.14420/en.2014.3.1

      An academic citation index becomes very important at the present time. In simple terms, it is an index of relevance of research papers, that is how often academic pursuits of an author in his/her creative work are used in scholarly works. A sort of «importance» factor of scholarly works. An academic citation index serves as a communication tool of a citing person with an author of a work cited and revelation of an amount of citing of any given scholar’s works.
      In the process of creation of scholarly works an author studies in the first place creative works on analogous subject matter. It affords opportunity to be aware of a level of a topic scholarly development, its timeliness and in general, at which stage of scholarly knowledge the studied processes are. In writing an author uses conclusions of other authors which help him to come to results which an author achieves as a result of his work. On the basis of the aforementioned, an author refers to words and conclusions of academics which he used in writing his work. Citation index follows reference data and keeps their count, but with that citation index databases contain full-text materials as well. It affords authors an opportunity in study of some work to switch to references cited and study works referred to in studied work. Consequently, citation index is useful not only as reference count and a sort of tool of determination of relevancy of scholarly works for society, but as a library where if necessary one can find required materials.
      Today we have rather substantial volume of manifold citation systems of a sort of databases which include works of various authors in various academic areas, such as physics, chemistry, legal sciences, biology etc. Here are some of them: Web of Science, Scopus, Web of Knowledge, Astrophysics, PubMed, Mathematics, Chemical Abstracts, Springer, Agris, GeoRef. The largest are WEB OF SCIENCE and SCOPUS. It is worth mentioning that magazines included in the said citation systems automatically fall within the list of magazines recommended by the RF Higher Attestation Commission.
      The citation index traces its roots to as early as 1873, legal sciences were the first (Shepard’s Citations). After that the Institute for Scientific Information in 1960 introduces citation index for articles published in academic periodicals, «Science

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Citation Index (SCI)». Subsequently social sciences were also included in CSI («Social Sciences Citation Index», SSCI), and arts and humanities («Arts and Humanities Citation Index», AHCI). From 2006, other systems similar to the above mentioned, such as: Google, Scholar etc., start to emerge.
      From 2005, «Russian Science Citation Index» (RSCI) is created in Academic electronic library (AEL, eLIBRARY.RU). The project goal consists in formation of a national bibliographic database on academic periodicals. Analytical tool ScienceIndex has been developed. The RSCI project is being developed by company «Academic electronic library» (elibrary.ru). Currently the RSCI contains an immense amount of scientific information, almost 18 million research articles which are accessible on web portal eLIBRARY.RU, about 3,200 scientific and technical journals more than 2,000 of which are in the public domain. Besides Russian magazines, international magazines are also located on the eLIBRARY. RU platform. Availability of such amount of scientific information is indisputably of a huge value for the whole scientific world.
      The database Web of Science is the most extensive abstract database and offers to researchers, administrators, teachers and students a quick access to quality interdisciplinary relevant information. It unites 3 bases: Science / Social Sciences / Arts&Humanities Citation Index. Those resources do not contain full texts of articles, but include references to full texts in primary sources and list of all references present in each publication, which allows one to receive within a short time the most complete bibliography on subject of interest (archive depth is 20 years).
      Web of science comprises more than 50 million entries in 12,500 most influential magazines all over the world, including those in the public domain, 120,000 conference proceedings in the area of natural, social, human sciences and Arts. Magazines in Web of science undergo rigorous selection process. They should conform with all publishing regulations and standards and should be international as well, content of magazines themselves and naturally their citedness are subject to a rigorous analysis.
      It is worthy of note that for Russian scientists in 2012 from February 1 to April 30, 2012, free access to Web of Knowledge was provided, which separates that service from many other foreign abstract databases on a paying basis. Currently many Russian universities set for themselves a task to introduce Russian academics to that database, which is achieved by provision of incentives to higher education institutions staff themselves. For example, Moscow State University incites only for publications in 25% leading magazines by impact factor (taking into account topical area);
      Ural Federal University, Moscow Institute of Physics and Technology: incitement for publications depending on impact factor: publications in more impact-bearing magazines provide higher benefits.
      There is available a Russian-language site Thomson Reuters (http://wokinfo.com/russian/). That site is developed especially for Russian scientists who would like to work with databases Web of science and is targeted

Tengiz Tatishvili. Academic citation indices and databases



at education. It contains various training aids, presentations, video clips, webinars etc.
      One more of the most authoritative bases is Scopus. The database contains citations and abstracts of articles published in more than 14,200 reviewed journals, 4,000 of which have international publishers. Scopus tracks many magazines and comprises a wide range of disciplines. In addition to references and abstracts, Scopus also provides bibliography of article and references to articles which were used in the original.
      Scopus is an interdisciplinary database, includes articles on chemistry, physics, mathematics, engineering, social, biological, agricultural sciences, psychology, economics, and sciences about environment. Scopus also provides information about citedness with a reference to article. From 1996 Scopus provides a list of articles contained in reference list of each article.
      The database Scopus takes an increasing meaning for Russian scholars. The Higher Attestation Commission (с 2010 the RF Higher Attestation Commission) has established a sufficient condition for inclusion of publication in the «List of leading peer-reviewed academic magazines and publications in which basic academic results of dissertations for a doctor’s and a candidate’s degree should be presented» its indexation in one of two leading world databases of tracking citedness: Web of Knowledge (Science Citation Index Expanded, Social Sciences Citation Index, Arts and Humanities Citation Index) or Scopus.
      In January 2010 St. Petersburg State University brought into force an order «About consideration of citedness of academic and teaching and guiding works for the purposes of competitive selection for an academic teaching position in StPBSU». According to that order, claimants upon filling positions of teachers are to present data about citedness of works published by them in the last five years, in scientometrical databases Web of Knowledge, Scopus and RSCI .
      For authors having more than one publication in Scopus, a special profile -register entry is made. That register entry contains information about an author: first name, last name, place of employment, area of research interests, number of publications, citings etc. A similar opportunity is available also for magazines and institutions. Those profiles also provide information about number of employees who are authors and have more than one publication, address of institution, list of publications in which the author is published etc.

Tengiz Tatishvili, infotainment

                    INNOVATIONS IN SCIENCE

                    INSTITUTIONAL SUPPORT OF THE STATE INNOVATION POLICY IN THE SYSTEM OF RUSSIAN LAW
DOI: http://dx.doi.Org/10.14420/en.2014.3.2
Olga Belousova, Doctor of Economics, Professor of Macroeconomic Management Department, Financial University under the Government of the Russian Federation, belousovaom@rambler.ru

Elena Chibisova, postgraduate student, Financial University under the Government of the Russian Federation, chibisovaev@mail.ru

Abstract.           The article presents a vision of the place of the state innovation
                    policy in the Russian legislative system. There is a need to improve the norms of the Russian law in the field of innovation management. The article highlights, that the need to create a coherent system of rules of law governing innovation activities, is caused by increase of efficiency of realization of measures of a state policy on development of national system of innovation as a new sphere of management. It is suggested as a factor of improving legislative norms to address to a legislative practice of regions of the Russian Federation.
Keywords:           state innovation policy, national system of innovation, the legal
                    system, legislation, federal and regional laws.

      In today’s world, the country’s competitiveness at the international level, national security and the welfare of its population are determined by the ability of the national economic system to reproduce and capitalize existing intellectual potential and in the future - an innovative product.
      National innovation system (hereinafter - NIS) is an integral economic subsystem that provides human capital development and application of knowledge in the economy and then receiving benefits. The experience of countries with efficient NIS confirms that the state takes an active participation in its formation and development. Set of goals and objectives established by the state, as well as a complex of measures and instruments applied for their achievement, defines a separate sphere of government regulation, which is commonly referred to as the «state innovation policy».
      Formation of a new sphere of government administration, caused by the objective requirements of modern civilized development necessitates the formation of regulatory system supporting it and appropriate conceptual apparatus.
      When considering regulatory and legal support of the state policy in the Russian

Olga Belousova, Elena Chibisova. Institutional
support of the state innovation policy in the system
of Russian law

9

Federation two things must be taken into account. First, the legal area of regulation of innovative activity in modern Russia is built hardly more than 20 years that is small enough period for formation of the debugged regulatory system.
      Secondly, the period of development of the conceptual apparatus of the state innovation policy is also not long lasting compared to, for example, with the term «science and technology policy».
         It should be noted that these are two different categories. State science and technology policy regulates the scope of conservation and enhanced production of knowledge, virtually ignoring its practical application. Innovation policy is based on the postulate that knowledge is the main productive force in the present economic system, because it brings value in its implementation in daily activities. Promotion of innovation, from the stage of its creation through the entire innovation cycle to the phase of mass production is provided with the close integration of science, education and production. This process needs institutional support, which the state implements. In the Russian system of law the concept of «State science and technology policy» is enshrined in the Federal Law of August 23, 1996 No. 127-FZ «On the science and state science and technology policy»¹ (table 1). This approach comes from the understanding of the state policy as an activity of the state to use its power to solve problems and achieve objectives of social and economic development of the country. In this case, the state policy is expressed in the performance of the state’s major functions in relation to a particular area of regulation, taking into account its specificity. Its implementation gives rise to a particular combination of social and economic relations between the state and other subjects of scientific and technical activities on the creation, conversion and use of results of scientific and technological activities. State policy can be considered as a set of measures and instruments used by public authorities to achieve their objectives.
      Law accurately and fully identifies the subject of regulation of science and technology policy of Russia, subjects of scientific and technological activities, basic provisions, policies and procedures, management, responsible public authorities and their powers, general questions of financing of scientific and technological activities, as well as the goals and objectives of the state policy. Provisions of the law and some aspects of the implementation of science and technology policy of Russia are clarified in a variety of later documents, such as the Doctrine of development of the Russian science¹, the Basics of the policy of the Russian Federation in the field of development of science and technology for the period up to 2010 and beyond², the Strategy of development of science and innovation in the Russian Federation for the period up to 2015³, the Message of the President of the Russian Federation to the Federal Assembly of the Russian Federation. First federal programs have been developed in this particular sphere.

1 Decree of the President of the Russian Federation dated 13.06.1996 № 884.

2 Letter from the President of the Russian Federation dated March 03, 2002 № Pr-576)

3 Approved by the Protocol of the Interministerial Commission for Science and Innovation Policy of February 15,2006                                             №       1
URL: http://ris.extech.ru/policy/policy_basis.php.

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      Certain provisions of the state innovation policy appeared at the same time, but were actively developed in the 2000s. In addition to special tax rules, civil law, including the regulation of the rights of intellectual property, regulations relating to tariff and customs regulations. Regulations having the entitlement nature, have been introduced only in 2011 by the Federal Law of July 21, 2011 № 254-FZ «On Amending the Federal Law «On Science and State Science and Technology Policy»¹. Comprehensive state program on the development of innovative areas of the Russian economy was approved in 2013². In this regard, most of the basic concepts, principles, rules and mechanisms of public policy governing the innovation sphere, at present have not found the proper clearance in the Russian legislation, including «state innovation policy» concept.
      The only official interpretation of this concept is presented in the Concept of Innovation Policy of the Russian Federation for the period 1998-2000³ (see. Table 1).
      The weakness of the provided interpretation is that the mechanisms of realization of the state innovation policy are limited to one-software-mechanism, whereas in international practice a broader toolkit is used.
      In the draft law «On the innovative activity and state innovation policy» approved by the State Duma and the Federation Council of the Federal Assembly of the Russian Federation in 1999 and rejected by the President of the Russian Federation, the state innovation policy was defined more broadly⁴ (see. Table 1). It should be noted that the document was recognized by experts as weak, having a lot of inaccuracies, inconsistencies with existing legal regulations. Strategy for science and innovation development in the Russian Federation for the period up to 2015 year established that the concept of «innovation policy» should be introduced in the Federal law «On state forecasting and programs of socio-economic development of the Russian Federation» and become a required section of the forecast of development of the Russian Federation. However, to date, this provision has not been implemented. At the same time, a number of legal acts have introduced some «variations» of this concept.
      For example, in 2013, it was introduced into the Federal law «On the science and state scientific and technical policy» (hereinafter-Federal law on Science) the concept of «State support for innovative activity»⁵. Range of subjects of legal


1 Collection of Laws of the Russian Federation, July 25, 2011, № 30 (P. 1), Art. 4602.

2 Order of the Government of the Russian Federation dated March 29, 2013 № 467-p «On approval of the state program of the Russian Federation «Economic Development and Innovative Economy»; Decree of the Government of the Russian Federation dated December 21, 2013 № 2492-p approved the state program of the Russian Federation «Economic Development and Innovative Economy» in the new edition; Resolution of the Government of the Russian Federation dated April 15, 2014 № 316 «On approval of the state program of the Russian Federation «Economic Development and Innovative Economy» approved a new state program.

3 Approved by Resolution of the Government of the Russian Federation of July 24, 1998, № 832.

4 Art. 1 of the draft federal law «On innovative activity and state innovation policy» (adopted by the State Duma of the Russian Federation on December 01, 1999) // Legal service network «ConsultantPlus» URL: http //base.consultant.ru.

5 Paragraph 2 Art. 16.1 of the Federal Law of August 23, 1996 № 127-FZ «On Science and State Science and Technology Policy» (Ed. of July 07, 2013).

Olga Belousova, Elena Chibisova. Institutional
support of the state innovation policy in the system
of Russian law                                                      11

regulation is limited to entities conducting innovative activity, while innovation sphere also includes intermediaries and consumers of innovative products.


Table 1. Normative legal binding of terms of innovation sphere in the Russian law system

              Document                         The concept enshrined           
Federal law dated August 23, 1996    State science and technology policy       
No. 127-FZ «On the science and state is an integral part of socio-economic     
science and technology policy»       policy that expresses the State’s         
                                     attitude to scientific and technical      
                                     activity, identifies the objectives,      
                                     directions, forms of activity of bodies of
                                     state power of the Russian Federation     
                                     in the field of science, technology       
                                     and implementation of science and         
                                     technology.                               
                                     «Government support for innovation        
                                     activity is a set of measures taken       
                                     by the state bodies of the Russian        
                                     Federation and the state bodies of        
                                     the constituent entities of the Russian   
                                     Federation in accordance with the         
                                     legislation of the Russian Federation     
                                     and legislation of constituent entities   
                                     of the Russian Federation in order to     
                                     create the necessary legal, economic      
                                     and organizational conditions, as well    
                                     as incentives for legal and natural       
                                     persons carrying out innovation           
                                     activities».