Law and Modern States, 2013, No. 4


Consulting and Legal Protection of People Foundation

                LAW
                AND MODERN
                STATES




Comparative Studies Journal







2013 / № 4

                 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/












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issued by Federal Service on Supervision at the Field of Communication, Information
Technology and Mass Media

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E-mail: law_and_modern_states@mail.ru

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Journal «Law and modern states»
is published by Graphic Visions Associates,
Gaithersburg, MD, USA 20877
and is located on the official website of the Founder: www.bar-association.ru

If texts reprinted, reference to Law and Modern States Journal is compulsory. All the published materials may not express standpoint of the Founder and the Editorial Board.

EDITORIAL BOARD:


Svetlana Boshno, Doctor of Legal Sciences, Professor (Moscow)
William E. Butler, John Edward Fowler Distinguished Professor of Law Dickinson School of Law, Pennsylvania State University (USA)
Olga Belousova, Doctor of Economics, Professor (Moscow)
Marina Davydova, Doctor of Legal Sciences, Professor (Volgograd)
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, Professor University 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)
Elena Nazarova, Doctor of Sociological Sciences, Professor (Moscow)
Serdey 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 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 Philosophical Sciences, Ph.D (Economics), Professor (St. Petersburg)
Elena Vinogradova, Doctor of Legal Sciences, Professor (St. Petersburg)

        CONTENT

EDITORIAL
The CROSSREF Agency has assigned DOI (Digital Object Identifier) to The Law and Modern States Journal.
DOI: http://dx.doi.Org/10.14420/en.2013.4.1
web-site: http://bar-association.ru/

                     ECONOMIC MATTERS
Antonina Sharkova Factors of Formation and Development of Human Capital in
Maria Merzlova Innovation-Based Economy
                     DOI: http://dx.doi.org/10.14420/en.2013.4.2
                     web-site: http://bar-association.ru/

Sergey Vorobyov

Social and Economic Methodology for Assessment of Compensation for Moral Damage to Victims of Crime in Russia: Problem Statement
DOI: http://dx.doi.org/10.14420/en.2013.4.3
web-site: http://bar-association.ru/

Svetlana Boshno

THEORY OF LAW
Interpretation of Legal Provisions
DOI: http://dx.doi.org/10.14420/en.2013.4.4
web-site: http://bar-association.ru/

Abulfaz Guseinov Some Development Trends in the Law Domain in Post-Industrial Societies
                       DOI: http://dx.doi.org/10.14420/en.2013.4.5
                       web-site: http://bar-association.ru/

Irina Kolesnik

The Notion and Indications of Law Enforcement Technology
DOI: http://dx.doi.org/10.14420/en.2013.4.6
web-site: http://bar-association.ru/

Viktor Mikhailov

LAW MAKING AND COURT PRACTICE
Is a Rights Activist an Agent or Not? Impartial Glance from Within DOI: http://dx.doi.org/10.14420/en.2013.4.7 web-site: http://bar-association.ru/

Vladimir Zubenko

Alexei Ivanov

On the Question of Relief of Minors from Punishment with Placement of Them in Closed Fostering Institutions: Some Aspects of Juvenile Criminal Policy in Russia
DOI: http://dx.doi.org/10.14420/en.2013.4.8
web-site: http://bar-association.ru/

LEGISLATION ABROAD
Anti-Corruption Policy and Legal Regulation in Counteracting Corruption in Georgia
DOI: http://dx.doi.org/10.14420/en.2013.4.9
web-site: http://bar-association.ru/

            EDITORIAL

            THE CROSSREF AGENCY HAS ASSIGNED DOI (DIGITAL OBJECT IDENTIFIER) TO THE LAW AND MODERN STATES JOURNAL



                                                             DOI: http://dx.doi.org/10.14420/en.2013.4.1 web-site: http://bar-association.ru/

       The development of social relations and information technologies has considerably changed the forms of a person’s scientific activities. Digital technologies have introduced many novelties without which it is impossible to imagine contemporary life. Those changes did not pass around science, publications and publishing houses as a whole. Today hardly anybody is ignorant of such products as Web of Science, or Scopus, which represent databases of scientific publications and, which is no less important, citation bases of scholars and researchers. As a result of these systems, conditionally speaking, the work of scholars all over the world become accessible, and the citation system makes it possible to easily reference other authors.
       The other, no less important and significant, tool, is the system of providing scholarly works with updated and permanent references. In reality an article published on the internet often does not have a particular reference that distinguishes it from a paper source. If an article is removed or transferred to somewhere else, it is difficult to find a reference to it, and that leads to the emergence of plagiarism and unconscientiously matching content. This is why many authors today distrust the internet as a publishing source for their works.
       This problem has been solved within the operation framework of the DOI system (technical details are available by following the link: www.doi.org).
       DOI (Digital Object Identifier) is a special object identifier and, in this case, the identifier of a scholarly article. In point of fact, it’s the same as a URL address. But a DOI is unique in that it is permanent and unchanging. Having received a DOI for their article, an author in the future can always use that address to gain access to their article.

LAW AND MODERN STATES

2013 / № 4

6

Without DOI           With DOI

Article on the internet

Article on the internet

      Who and how ensures accessibility of the DOI reference? It is the publishing house which enters into a contract with the CrossRef organisation, where DOI references from all over the world are kept. The CrossRef database now keeps almost 64 million DOI entries¹.
      How does the DOI reference work? DOI is an ordinary Internet address that consists of 3 parts:


1st part 2nd part 3rd part

      1st part: a permanent link with a DOI server for each DOI.
      2nd part: the number assigned to the publishing house. Accordingly, within the framework of one publication (book, magazine etc.), it doesn’t change.
      3rd part: directly characterises the article and is formed by publisher/author in free format using admissible symbols. In this case the publication is an English-language version of the magazine “Law and modern states” (en), the following characters are: year of publication (2013), then - the number (3), and the last one - the consecutive number in the table of contents (7). Accordingly, it is easy for an author published in the magazine “Law and modern states” to compile their own DOI using the aforesaid algorithm. Therewith, the DOI reference initially contains metadata on article, publication, publication number etc. Any DOI reference can be checked on the site http://www.crossref.org/. To do this, it is necessary to enter DOI reference in the Metadata Search entry box. For the example we reviewed above, the following results are indicated:


¹ http://www.crossref.org/

LAW AND MODERN STATES

2013 / № 4

7

Anti-Corruption Examination in the System of Measures Designed to Counteract and Prevent Corruption
Journal Article published 2013 in Law and modern states volume 3 on pages 47 to 55
Authors: Tengiz Tatishvili
http://dx.doi.org/10.14420/en.2013.3.7

      Accordingly, having copied the DOI link to the browser address bar, the server will redirect you to the page with the published article of the author. That way an author is able to constantly control and make actual their internet publications in online versions of publications.

Alim Hidzev,
infotainment

          ECONOMIC MATTERS


              FACTORS OF THE FORMATION AND DEVELOPMENT OF HUMAN CAPITAL IN AN INNOVATION-BASED ECONOMY


DOI: http://dx.doi.org/10.14420/en.2013.42 web-site: http://bar-association.ru/

Antonina Sharkova, Doctor of Economic Sciences, Professor, Head of Economics of Organisations Chair, Financial University at the Government of the Russian Federation


Maria Merzlova,

Doctor of Economic Sciences, Professor at Economics of Organisations Chair, Financial University at the Government of the Russian Federation


Summary.             This article considers the principal factors influencing the formation
                     and development of human capital in an innovation-based economy. The most significant factors are determined by means of correlation and regression analysis. Given an estimate with an account of the innovation-driven growth of economy.
Keywords:            human capital, education, factors, innovation-based economy,
                     specialists, management, investment.

       Competition for human capital (HC), being the basis of the innovation-driven growth of economy of any state, is crucial in the modern world. Innovation-driven growth requires training of new-generation personnel at various levels due to large-scale assimilation of the latest technologies: skilled labour for knowledge-intensive and high-quality productions; multidisciplinary specialists capable of combining technical specialisation with the functions of managers, analysts, consultants, and scientific personnel. Innovative orientation of the economy is associated with investment projects, and in those conditions the need arises for economists specialising in problems of the measurement of innovative investment processes. The circumstances indicated are of paramount importance when making grounded decisions in strategic planning within the scope of an individual enterprise as well as on the national scale 1¹.
       In those conditions the national interest and the state interest are exactly in provision for a person of maximum opportunities for self-realization and the most comfortable living environment. If it is not so, the state undermines its own security.
       Economically developed countries ensure high rates of economic growth

¹ Kachurina M.M., Merzlova M.P., Peshekhonov Yu.V. Modernization of professional education: financial and economic aspect // Vestnik Assotsiatsii vuzov turizma i servisa. 2012. № 1. P. 41-45.

Antonina Sharkova, Maria Merzlova «Factors of the
formation and development of human capital in an
innovation-based economy»

9

through the quality of their human capital to a considerable degree. The modern Russian economy has a substantial deficit of personnel capable of efficient work with the technological renovation of the economy, and this requires the state to create special conditions for the formation of human capital. In connection with that, special attention of modern science, of domestic practical science persons is concentrated at exposure of factors of growth of human capital. The Human Development Index (HDI), calculated by taking into account three kinds of indices, is used as major indicator of human capital level.
      It was thought for a long time that a 1% growth of investment in HC leads to a 3.81% growth in the productivity of labour, and to acceleration of the rate of growth of per capita GDP by 3%¹, and that the growth of human capital is connected most of all with growth of GDP and is determined by it. But the latest scientific research data reported in the UN Human Development Report 2010 and based on a study of 40 year’s world practice, demonstrates that any correlation between growth of income and changes of HDI is extremely negligible for most countries. In addition, a study of the Life Expectancy Index, Education Index and GDP Index for Russia, with the help of correlation and regression analysis, has shown that the force of influence of the GDP Index on HDI is stronger than that of the influence of the Education Index and Life Expectancy Index, and the factors themselves act in the same positive direction. The influence of the GDP Index on HDI is 1.98 times stronger than the influence of the Life Expectancy Index, and 1.83 times stronger than the influence of the Education Index¹ ². An evaluation of the influence of the factors, using elasticity coefficients, has confirmed that the most important influence on HDI is exerted by the GDP Index, which demonstrates the primary importance of economic development for the formation of human potential in the country.
      At the same time, the advantages of the economy and its innovative development under modern conditions are determined using human potential. It is people, with their education, qualifications and experience, who determine the limits and possibilities of the economic modernisation of society. The modern period, however, is characterised by an imbalance of the labour market and professional education.
      Accrued quality human capital, in the form of scientific achievements, discoveries and inventions, is the basis of the formation of an innovative economy, and defines HC as an intensive factor in the development of the economy. Consequently, the notions of an innovative economy and human capital are inseparably associated.
      Development of an innovative economy is impossible without an expansion of human capital and without use of his own potential by a person. Crisis periods have given new milestones in the development of the economy and the creation of human capital. As a result of companies being understaffed with personnel of the necessary qualifications, there is a need to attract foreign specialists.

¹ Sianesi B., Van Reenen J. The returns to education: Detailed review of studies on the impact of human capital as measured by education level // Journal of Economic Surveys. 2003. № 2. P. 157-200.

² Zakharova A.D. Factors influencing the formation of human potential of Russia // Lomonosov-2011: International Youth Scientific Forum. URL: http://lomonosov-msu.ru/archive/Lomonosov_2011/struc-ture_8_1210.htm.

LAW AND MODERN STATES

2013 / № 4

10

60
50
40
30
20
10
0

M

Undermanned with specialists
Fully manned
Excess of specialists

Managers of organisations and their structural subdivisions

Specialists of the highest level of professional qualification

Staff busy with preparation of information, drawing up documents, accounting and services

      Fig. 1. Staffing level of companies with specialists of the required qualifications (according to data from RUIE in 2012)¹

      More than a third of managers note the lack of all categories of staff. The major share of the deficit is accounted for by highly qualified personnel -specialists with the top level of professional qualifications, and as a consequence, there has been substitution by foreign specialists with those qualifications (Fig. 2).
      This situation shows that the process of creating an innovative economy for Russia is a most complex social and economic task. Until that task is complete it is hard to plan for a dynamic growth of GDP, or stability and sustainability in the development of state and society.
      Effective management of the innovative development of the Russian economy will be helped by the solution of two important problems.
      1.  Absence of adequate infrastructure for the management of human capital.
      In recent times much attention has been paid to the creation of an innovative infrastructure, but an innovative infrastructure is the means of translating innovations to economy. Certainly under an innovative economy it is necessary to manage human capital, and that includes not only using a person’s intellectual abilities but activities of formation, development, and accumulation of intellectual potential, and the provision of society with quality human capital as a strategic resource for the country, and its effective use. A solution of the indicated problem is possible through the creation of institutes of effective management of the formation of a national HC.
      2.  Existing concept of management on the level of enterprises.
      Innovations are novelties in the sphere of organisation of labour and also the management of the workforce, that is human capital. Under an innovative economy, a change from the authoritarian concept of management for a democratic one is necessary in order to bring to the forefront a person’s creative

¹ Glukhova M. Corporate management in Russia: Is there any progress? // Promyshlennik Rossii. 2012. № 11.