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§ 1. The right as the effective tool of influence on economy in the light of modern interpretation of essence of the Russian social order

The modern model of the Russian economy means intensivyonuju and its effective legal regulation. Certainly, domestic экономисты1, lawyers-scientists and the legislator have done huge on masyoshtabam the work allowing economy of Russia as a whole is stable funktsioyonirovat.

However in the modern globalized and inconsistent world of it it is not enough, as the economy of any state is under the influence of several legal regimes - state-legal, reyogionalnogo, municipal, corporate, chastnopredprinimatelskogo

(Locally-legal), and also international legal. Accordingly in this sphere such legal means which are capable to give the maximum regulating effect should be applied.

It is represented, that for the analysis of problems of efficiency of the right in economy sphere it is necessary to fall outside the limits uzkopravovoj (formally-juri -

See, for example: I.A.Ekonomicheskaja's Goats model of Russia XXI century of Research on opreyodeleniju parametres of created economic model of Russia XXI century M, 2013.

dicheekoj) or uzkoekonomicheskoj paradigms. In methodological aspect it is possible to tell, that here as much as possible wide «an informative framework» javyoljajutsja "social system" or "social order".

The social order of any modern state has difficult, multielement structure. Will begin logical therefore the analysis with legal oposredovanija some most important elements of the social order, making direct impact on economic sphere. It is a question first of all of social classes (groups), public legal soznayonii, the state and its institutes, political, cultural and religious

феноменах1. In other words, to estimate quality, efficiency of legal regulation of economic relations, it is necessary to answer a question, kayokoj the social order was generated in Russia - state kapitayolizm, oligarchical capitalism, the industrial state, postindustriyoalnoe the state and a civil society or something other.

At first sight it seems, that the set foreshortening of research is too far from a problematics interesting us. However it not so. As it is marked in the literature, «at the present stage optimum sees complex podyohod to a problem of definition of efficiency of legal regulation obshcheyostvennyh relations. Therefore search of methods of increase of efficiency... Should be multidimensional. It is represented what to solve a problem... At the expense of legallistic means and legal technologies insufficiently also it is unpromising» 3.

The social order, as is known, is a system public otnosheyony, peculiar to the given society at a concrete stage of its development. In from -

Exit experience for frameworks of a legal paradigm see: Matuzov N.I.Aktualnye of a problem of theory of law. With. 349-384.

The legislator in the Constitution of the Russian Federation in chapter 1 uses the term «Basis of the constitutional system». However for our research it is represented to more correct upotreyobit concept "social order" which not only covers fundamental juriyodicheskie characteristics of a policy, human rights and the state, but also allows to make akyotsent on an economic basis, "basis" of the constitutional system.

Gajvoronsky JA.V. Modern model of efficiency of legal acts//Legal poliyotika and a legal life. 2013. № 2. With. 80.

lichie from the constitutional system, it covers all the most important sotsiyoalnye relations and взаимосвязи1.

The constitutional system is the kind of a social order including the most important social institutes, relations and interrelations, ureguliroyovannye norms of the constitution of the state. To such institutes having essential influence on the legal form, concern:

1) political institutes of the power (state);

2) economic institutes (property);

3) social institutes (the person, groups, classes);

4) political and legal consciousness;

5) legal ideology;

6) religion;

7) culture.

About these elements expressly or by implication speak sixteen stayotej chapters 1 of the Constitution of the Russian Federation «Basis of the constitutional system».

Social order types can be allocated by two criteria: hayorakteru to the property and state type. The combination public sobstvenyonosti and the proletarian state corresponds socialist obshcheyostvennomu to a system, a private property and the liberal state - kapitayolisticheskomu to a social order. Within the limits of these two types can be spent further typology depending on informative problems.

From our point of view, a social order of modern Russia obuyoslovlivaet presence of such principles and the legal regulation directions, which realisation are capable to provide efficiency legal vozdejyostvija on economy. As it is marked in the literature, «with development and complication of public relations there was an imperative need in konstitu -

In the English-speaking literature to Russian "social order" corresponds English So­cial Order - "public order". Elements of such order, according to modern western researchers, act: 1) persons; 2) groups; 3) hierarchies; 4) the markets; 5) networks (see more in detail: A Reader. Theories of Social Order / ed. by Hechter and Christine Home M. Stan­ford, Stanford University Press. 2009. P. 25-50.

tsionnom regulation of bases of a social order more or less tselostyonym in the image »1.

In jurisprudence many definitions of a social order, but, unfortunately, are given all of them reflect only any separate line of these public отношений2. For example, constitutionalists «obshcheyostvennyj a system» in general accurately do not define concept. Generalising norms of modern constitutions as writes B.A.Strashun, it is possible to conclude, that they, «fixing social order bases, speak about foundations of its four main parties: bases of economic relations, bases of social relations, bases of political relations, bases of cultural-spiritual relations» 3.

L. V.Butko notices, that the essence public and a political system is expressed by such legal category, as the constitutional system in this connection last it is possible to consider as «fastening in the constitution gosuyodarstva the main signs and elements public and state строя4. It is obvious, that concepts« a social order "and" the constitutional system »in a science are treated as relatives, but not identical concepts. OsnovYOnoe difference between them can be expressed that the social order toyogo or other state can not assume the constitution as special prayovovogo the certificate (for example, Russia till 1918).

N.A.Bobrova defines the constitutional system of Russia as follows: «the Constitutional system, being a product civil revoljuyotsii, from the moment of the constitutional fastening starts to live the independent life completely excluding its violent change. From it moyomenta the constitutional system, continuing to be object of a policy and a field

Tkacheva N.A.Problemy of realisation of some principles of the constitutional system of Rosyosijsky Federation at the present stage//the Policy of Law and a legal life. 2014. № 1. With. 93.

2 See, for example: the Constitutional system of the Russian Federation as object ugolovnoyopravovoj protection//Dews. Justice. 2013. № 8. With. 7-8.

3 Constitutional (state) right of foreign countries. A part the general / otv. red. B.A.Strashun. M, 1999. T. 1-2. With. 189.

4 Butko L.V. the Constitution and the constitutional reform. M, 1998. With. 72.

Political fights, becomes not only political, but also legal poyonjatiem. Moreover, the constitutional system forms a core of national legal system »1. It is obvious, that such estimation of the given category carries doyostatochno abstract character.

From that authors try to leave from unfashionable today legal konyotseptsy, the legal science as a whole and especially the theory of the state and prayova suffers. Both existed earlier, and there is now really funktsionirujuyoshchie a basis and a superstructure and consequently, are quite applicable and designating these phenomena of concept. In this occasion it is possible to tell, what if we do not know akyotualnogo a condition of basic relations as we will argue about efyofektivnosti rules of law which should promote them funktsioniyorovaniju and to development?

«Basis and a superstructure - historical materialism categories, harakteyorizujushchie structure of a socioeconomic structure and a qualitative originality of public relations constituting it, their process dialekyoticheskogo interactions. By K.Marx's definition,„ set... proyoizvodstvennyh relations constitute economic structure of a society, reyoalnyj basis on which there is a legal and political superstructure and to which there correspond certain forms of public consciousness "» 1.

S.Peregudov and I.Semenenko fairly write, that «transition of Russia from the state socialism to market economy and political pljurayolizmu, let even in their unmodern variants, it was accompanied and soprovozhyodaetsja by variety of the changes essentially influencing character and the forms of public relations» 3. But what character of these obshcheyostvennyh relations, they do not define.

Bobrova N.A.Konstitutsionnyj a system and constitutionalism in Russia: monogr. M, 2003. With. 52.

3 TSit. On: the Philosophical encyclopaedic dictionary. M, 1983. With. 44.

3 Rebuzzing With, Semenenko I.Bazis and the state in social sphere: confrontation or partnership?//Economic and the international relations. 2009. № 6. With. 58.

Certainly, this character is not reduced only to role change gosudaryostva and managing subjects in social policy sphere. Such izmeneyonija just also are defined by a social order existing in Russia which yet has not received an accurate designation. It is thought, at the heart of it opredeyolenija «root economic institutes» 1 and institutes koyoordinatsii property movements on the basic resources should lay. So it is perfect obosnovanno A.Martynov considers, believing, that «for the present moment in syryoevoj to sphere taking priority position occupies the state capital and the state institutes of coordination of movement of resources» 1 dominate. Further he approves, that in poelekrizisnyj the period (1999-2008) «had meyosto very serious changes in institutsionalnom the device of ours obshcheyostva. Also there are strong reasons to consider, that they have occurred not in favour of strengthening

Private-capitalist institutes ». It is a basic conclusion which we divide also which confirms necessity to understand what instiyotutsionalnye economy elements are prevailing and, sledovatelyono, requiring fastening in standard legal acts. The last, in turn, influencing these key economic institutes, should show to a society the efficiency.

In the literature other points of view on the given problematics are stated also. For example, R.S.Dzarasov defines a country social order as «periyoferijnyj capitalism». Thus he considers, that «frailty otecheyostvennogo capitalism was brightly showed in that fact, that our country left from under a rain of petrodollars which generously flew on it the most part of 2000th, with the worn out and out-of-date fixed capital, from the deformed

In favour of energo-raw sector economy structure, with mass bednoyostju the population. Having turned to the supplier of raw materials and a commodity market obrabaty -

See: Martynov And. And again nationalisation of the Russian society//the Society and ekonoyomika. 2009. № 1. With. 5.

2 In the same place. With. 6.

3 In the same place. With. 5.

vajushchej the industries of the developed countries, Russia becomes ordinary strayonoj peripheral capitalism »[10].

It is difficult to agree with the given opinion. There are examples of how predstayoviteli business actively participate in a public life, co-operate with the state. So, in Sverdlovsk area «the law of Sverdlovsk area has been passed About modification of the Law of Sverdlovsk area„ About gosudaryostvennoj to support of subjects of investment activity in Sverdlovsk area "» [11]. Representatives have taken part In its working out predprinimayotelskogo communities therefore in the bill the status of the participant of the priority investment project has been expanded, criteria otyobora investment projects are finished, and it will allow more to a wide range zajaviteyolej to apply for reception of the status priority investment proekyota. In other words, efficiency of the Law has been raised at the expense of participation in its preparation of elements of a civil society.

A.Amosov considers, that that Russia in obshchestvennoyoekonomicheskoj to sphere today worries, it is impossible to classify as «the personified capitalism», «as the state capitalism assumes gospodyostvo the nationalised property and consequently basically cannot be personified» [12].

In this connection there is a question: what basic class capitalist public relations should vosproyoizvodit in Russia? At first sight, that the middle class should be recognised. In «the Russian newspaper» more five years ago it was marked: «Today the middle class share in general chisyolennosti the country population constitutes 17 % are citizens who consider that have achieved that level of the income which provides with it comfortable sushcheyostvovanie. 7 More % namereny to become middle class in 5 years or less toyo
go. If these forecasts come true, in 2-3 years the share of middle class among the Russian population will exceed a mark in 33 %. Such data results the Center of strategic researches (TSSI) companies "Rosgosstrakh". IssledoYOvanija show, that in large cities with the population more than 1 million persons middle class more numerous, than as a whole on the country. Here to it

It is possible to carry 32 % of the population »1.

The main characteristic of middle class is a class of proprietors of means of production. And such in Russia it is a little - 3-7 % of the population, including

1 % of the rich. The overwhelming majority of the population of Russia, on world stanyodartam, is бедным2. But how to define the representative of middle class? Its class association is defined by that it acts on kapitayolisticheskom the market not as the seller of the labour and as the seller proizyovedennyh it of the goods and services »3. Thus, there are certain bases to consider an existing social order of Russia personified

State capitalism.

T.J.Habrieva and V.G.Chirkin believe, that in Russia the sotsiyoalno-capitalist social order is realised. They write, that such opredeyolenija the Russian social order, as pluralistic, partitsipar - nyj, opened, transparent etc., do not give exact understanding of essence obyoshchestva in Russia. These characteristics in bolshej approach a measure for the developed countries. «It is necessary to call things by their proper names... Social kapitayolizma we try to build the Society and in Russia. The modern constitution should otyorazit noted tendency, to fix foundations of such society and oboyoznachit the bases... Advances» 4. Authors establish the purpose obshcheyostvennogo developments which should be reached gradually thanking sotsiyoalnoj private property functions, to social partnership, social justice, etc. Thus they talk about a society, which, keeping

Dews. Gas. 2011. On July, 12th.

2 URL: http://moskvobad.ru/s/socioanaliz.aspx (reference date: 21.12.2015).

The philosophical encyclopaedic dictionary. With. 358.

4 Habrieva T. Ja, Chirkin V. E. The theory of the modern constitution. M, 2005. With. 183.

Capitalist foundations, it is modified in a certain measure in kollektiyovistskoe and социализированное1. In it resheyonija a question on character of a social order the general direction consists in Russia.

However to modernise capitalist public otnoyoshenija in something more perfect, they, at least, should be vseobyoemljushchimi in the Russian society and in the Russian economy. But just their universal character is unevident.

Whether it is possible to name public relations capitalist if representatives of this social group in the country of all %, and it is real sredyostvami manufactures own 50 олигархов2? The modern social order in the Russian Federation can be defined as capitalist only at level pervoyonachalnogo capital accumulation. A.Amosov writes: «Initial nakopleyonie the capital in all countries was illegitimate. But in the countries-leaders after

Accumulation of the initial capital by illegal means use

Criminal ways of enrichment it was forbidden, and capitalists under fear to appear out of the law were forced to performance of functions of development promyshyolennosti, buildings, transport, trade.

In Russia after initial illegitimate formation of large personal conditions the question on performance by large business of functions „lokomoyotivov developments" and about use of the saved up capitals for domestic economy and social sphere is not put till now in the agenda »2.

To. V.Markarjan believes, that the market (by which are meant kayopitalisticheskie public relations) has settled itself as the public, economic and political phenomenon. He marks: «Bankruptcies in bolshinyostve the countries of world socialist system of a practical embodiment of communistic ideology and the system crisis which has coincided with it liberalyonyh capitalist ideas have shown necessity theoretical a feather -

HabrievaT. JA, Chirkin V. E. The theory of the modern constitution. With. 182-183.

Amosov And. About the neoindustrial scenario in the concept of development till 2020 With. 3.

In the same place. With. 3-4.

Judgements formatsionnogo the approach, having generated itself of doubt if not in isyotinnosti, at least, in completeness... pjatichlennoj the historical scheme »1. It allocates in this connection a new, sixth stage formatsionnogo podyohoda - the social order of the postindustrial corporate state focused« for harmonious symbiosis socialist gosudarstvenyonyh imperatives and basic values of market economy »\'. TaYOkim the image, in its opinion, embodies during a life the convergence theory, dostayotochno qualitatively proved in many university courses ekonomiyoki. And sooner or later it will lead to the seventh formatsionnomu to a stage - public system of the uniform corporate world.

Our position is reduced to that the social order, sformirovavyoshijsja in Russia by 2017, on the economic essence is kapitayolisticheskim with strong participation of the state in all spheres of a life - ekonomiyoke, the politician, culture, formation etc. Such social order it is possible

To name state-capitalist.

Having addressed to the Constitution of the Russian Federation, it is possible to find out important normayotivnye positions where corner bases kapitalisticheyoskoj economy are fixed - all patterns of ownership, gayorantirujutsja free moving of the goods, services and financial assets, competition support, freedom of economic activities (item 8) admit and protected. Not doyopuskaetsja the economic activities directed on monopolisation and

Unfair competition (and. 2 items 34). It is obvious, that ideas provozglayosheny, and they correspond to basic "trends" of development world tsiviliyozatsii. However the proclaimed ideas should receive fastening in fedeyoralnom the legislation, lean against rules of law concretising them.

With last circumstance of business are not too smoothly. For an example we will consider, what legal status of subjects of enterprise activity in trade sphere.

Markarjan K.V. the General theory of the postindustrial state. M, 2002. With. 6.

In the same place. With. 8.

In this system of legal relations equality uchastniyokov enterprise activity (item 1 of item 8 of the Constitution of the Russian Federation) is proclaimed. However

Actually equality here is not present, as economically subjects predprinimayotelskoj activity are unequal. In particular, small trade enterprises with the big work presume to themselves that demands the legislation: siyostemu pozharotushenija, system of hot and cold water supply, system

The security alarm system and video observation [13 [14]. To difficultly itself also to present,

As it is possible these requirements to realise in a countryside. And meanwhile for

Infringement of these norms equal administrative responsibility is established

Both for the big trading networks, and for small shops (item 14.43 of the Code of the Russian Federation about administrative violations). The attention was already paid To necessity difyoferentsiatsii requirements of the legislator taking into account different economic vozyomozhnostej subjects big and a small-scale business

In литературе1. One of those features of the public also consists In it

System which should be considered the legislator at the realisation zakoyonodatelnoj politicians, at plan formation zakonoproektnyh works.

V.A.Bublik writes: «... The legislation in Russia was purposefully formed not for creation of favorable conditions for increase obeyomov manufactures of the goods and services, not for development of a science, technics, obrazovayonija, public health services, culture and spiritual sphere. The passed laws obsluzhiyovajut only functioning of market relations» [15]. And these relations

nerazvity, are aimed at copying of experience of the western countries, on "pereprygivayonie" whole formatsionnyh stages of development of a society.

The legislation of the Russian Federation "adjusts" the country darty, i.e. Frequently regulates what is not present actually. If in RosYOsii the class of proprietors of means of production - middle class why in the economic constitution of the country - the Civil code - there is no even a mention of small enterprises is created, not speaking already about definition of their specificity. And after all a small-scale business - a middle class basis. As sprayovedlivo has noted V.A.Bublik, speech should go about «introduction chastnopravoyovyh the beginnings to a public matter», about «embedding separate eleyomentov public influence in private-law regulation» 1, but this process should be system and cover all sphere hozjajstvenyonoj activity », - develops S.N.Shishkin2's this thought.

Under front lines world a camp -

V.D.Zorkin in this connection marks: «We cannot instantly naveryostat missed, not giving in to temptation of blind copying of another's norms, temptation of that westernisation which is not a variant polnotsenyonoj modernisations, and its substitute antagonist» 3. Certainly, Russian

The legislator should not copy another's standard legal acts, and izuyochat positive experience of economic development of the states with the account geoyopoliticheskogo and the welfare status of the Russian state

And societies.

Not denying leading value in modern social order RosYOsii of capitalist public relations, we will notice, that it is in

Mobile condition, its bases are not unequivocal for all citizens

And in public relations it is possible to observe simultaneously elements and kayopitalisticheskogo a social order, and socialist. Thus them siyonergii, symbiosis does not occur. It is a question of a new stage of development of the country - paternalistskom a state-capitalist social order.

Business 's bagel: the private and public beginnings.

WITH. 15.

2 Shishkin S.N.Puti of perfection of legal maintenance state reguliyorovanija economy//the State and the right. 2012. № 4. With. 76.

Zorkin V. D. The right of an epoch of a modernist style//Dews. Gas. 2010. On June, 25th.

The paternalism in activity of the Russian state has arisen, when poyojavilas economic possibility to carry out it in the relation znachitelyonogo quantities of the Russian citizens \'. Legally it is fixed in norms of the Constitution of the Russian Federation. So, to everyone social security, napriyomer, in case of illness, for education of children (ch is guaranteed. 1 items 39); under protection gosudaryostva there is a motherhood (ch. 1 items 38); everyone has the right to protection from bezyorabotitsy (ch. 3 items 37). It is legislatively provided also wide

Spectrum of social benefits: the temporary disablement allowance; posoyobie on pregnancy and sorts; the grant to the women who were registered in mediyotsinskih establishments in early terms of pregnancy; the grant at a birth reyobenka; the grant for holiday on care of the child before achievement by it vozyorasta one and a half years; the grant to burial; the unemployment benefit, etc. it speaks All about generated paternalistskih relations between gosudaryostvom and a civil society.

Owing to social order RosYOsii told new specific line consists that the overwhelming majority of the population of the country is

paternalisteki the adjusted citizens expecting performance by the state

The social obligations, at the same time supposing freedom ekonomiyocheskoj activity, but not realising it in practice. Thereof without a regulating role of institute of the power (state) the modern Russian society cannot exist. The given thesis allows to approach to rassmatyorivaemym to questions from the is functional-legal point of view.

Generally speaking, the functional approach - powerful informative inyostrument, capable to give a real increment of new knowledge. As V.P.Reutov correctly marks, «problems of the legal system and legislation system cannot be solved in a separation from the analysis of functions of the right» 2. Really, applying such approach to system of the legislation of the state focused on

See more in detail: Derkacheva T.V. Legal regulation state social poyomoshchi (federalnyji regional aspects): avtoref. dis.... kand. jurid. Sciences. M, 2012.

Reutov V.P.Issledovanija on the general theory of law. Perm, 2015. With. 103.

Public paternalism, it is possible to specify on following carried out zakoyonodatelstvom functions:

1) formation and support of the corresponding law and order;

2) regulation of relations which directly follow from paternalistyoskogo character of a social order;

3) formation of corresponding type of the sense of justice adapting the rules of law to conditions of ability to live in the conditions of a market society at observance of social guarantees.

It is obvious, that paternalistskaja the legal in this case is formed

System.

As frameworks possible independent economic povedeyonija individuals are very wide, we do not observe classical social antagonisms. The general radical purposes and interests are inherent in the majority naseyolenija the countries which or does not rank itself as one of public classes, or wrongly ranks itself as middle class. However the following problem thus comes to light: at realisation of positions of standard legal acts by public authorities of the purpose and sense zakonodatelyostva are quite often deformed, and towards superfluous reglamentiyorovanija [16 [17] [18].

Redundancy of a regulation is available, when standard legal acts regulate any relations with an excessive concrete definition, dubliyorovaniem and unjustified detailed elaboration of a legal matter, and also in those sluyochajah when standard regulation is supplemented individual reguliyorovaniem, that was fairly marked in the scientific literature.

V.B.Pastuhov writes: «By default it is considered, that Russian right in general differs nothing by the nature from the European right, only badly works. Actually all is on the contrary: Russian prayovo essentially differs from the European right and in own way works. A problem only that the result of this work mismatches obshchestvenyonym to expectations which are just rather close to the European samples» [19 [20].

It is possible to agree with this point of view only in its first part. The Rossijyosky right really differs from European but because regulates public relations which are very far from the European samples. It is connected not only that a social order of Russia otlichayoetsja from the western. The Russian economy was generated and functions in many respects differently in comparison with the western economy.

Supporters of radical economic transformations E.Gaydar, A.Illarionov, A.Chubays, G.Gref and others tried to apply to ekonomicheyoskim to realities of Russia traditional kejnsianskie and neoliberal measures of economic transformations, however success of these measures were fragmentary and partial. So. K.Markarjan convincingly proves, what exactly this asyopekt problems «is represented to the major from the point of view of searches vozmozhnoyostej developments of new model of the social and economic organisation for Russia and. In particular, models of the postindustrial corporate state» 2. Not pressing in the analysis and criticism of model offered by the author, we will pay attention only to that moment, that before in Russia the right of a postindustrial society will start to function, it is necessary to make its more effective at level of an industrial society. However this stage is not passed by Russia yet.

Let's address to the real facts.

As is known, the effective economy provides long-term ekoyonomichesky growth and the development which source admits first of all

Enterprise enterprise, the initiative. A condition of achievement of such growth the real competition can be only. konkurenyotsija stimulates businessmen to use of more effective forms proyoizvodstva, to effective application of investments, fast reaction to requirements of a society. Therefore the antimonopoly law in our country has rather great value. However how much it effectively also promotes economic growth? From the legal point of view it is possible to note not always successful legal regulation of this major elemenyota market economy.

So, owing to item 3 ch. 4 items 19 of the Federal act from July, 26th, 2006 № 135 FZ «About competition protection» [21] budgetary assignments do not pass konkursyonyj selection and on them the granting legal regime preyoferentsy (advantages) according to ch does not extend. 5 items 79 of the Budgetary code of the Russian Federation in case budgetary investments are given unitary predprijayotijam (establishments), increase the size of their authorised capital. Others slovayomi, the Law supposes increase in cost of property of the enterprise, zakrepyolennogo behind it on the right of economic conducting, and also increase stoimoyosti the fixed assets which are on the right of an operational administration. Thus, at the expense of public funds (budgetary investments, grants) wrongful primary position of the organisations with gosyoudarstvennym or municipal participation in comparison with position neyogosudarstvennyh managing subjects is formed. As a result it is possible konstatiroyovat an inefficiency of the antimonopoly law and infringement prinyotsipa equalities of managing subjects. In these conditions of protectionism it is difficult to count on economic growth in our country [22].

One more trudnoreshaemaja the right a problem - absence of trust to rosyosijskim to economic market institutes.

Italian economist Guido Tabellini (Guido Tabellini) proanaliziyoroval an educational level and quality of political institutes in 69 evropejyoskih regions. Its conclusion: volume of gross national product and rates of economic growth above

In those regions where prosper mutual trust, belief in individual iniyotsiativu the person and respect for the law.

Level of trust of people to each other is the important factor razviyotija экономики1. The trust is especially important, when in economic transactions priyosutstvuet the uncertainty moment. In the research Richard M.Lock on

Example syrodelnoj the industries in Italy, selhozproizvodstva a mango

In Brazil has shown, that trust formation between participants proizvodyostva and the state creates unique possibilities for the decision ekonomicheyoskih problems and development регионов2.

Authors of the collection of proceedings «Economic and social proyoblemy» approach Russia to this problem about some other positions: them bolyoshe the problem of mistrust of participants of economic relations to gayorantijam the property rights interests. They notice, that «to Russia last years in the increasing scales the speculative capital in shape kratkoyosrochnyh portfelnyh investments and bank credits, and also vozvrashchayolis the capitals which have been taken out by our compatriots abroad arrived. And that fact, that the Russian businessmen preferred to invest houses of means on behalf of the offshore companies, speaks about very low trust to rossijyoskim to institutes, first of all to guarantees of the property rights» 3.

In the Russian economy there is still variety of problems, each of which demands the prompt permission.

About general-political and legal aspects of trust see: KokotovA. I.Doverie. nedoyoverie. The right. M, 2004.

2 See more in detail: Lock R.M.Formirovanie of trust: pre-print WPI/2005/07 M, 2005. With. 6-10.

Economic and social problems of Russia: sb. nauch. tr. / otv. red. N.A.Makasheva. M, 2009. № 1: Economic growth in Russia: the Global context / red. And sost. G.V.Seme-to. With. 12.

1. Insufficient legal regulation of classical institutes rynyoka. These are such market institutes which urged «to provide spravedliyovuju trade in the goods, services and securities» 1. They play ekoyonomicheskoj lives of Russia «powerful, but not defining role. Especially dayoleko not taking priority position the institutes inherent in the capitalist

To system in its traditional understanding, occupy in spheres of political and cultural activity, in stratification and legal systems ». For example, regulation by rules of law free konkurenyotsii on a commodity market, works and services is inefficient. Even when competitive procedures have legal regulation, all of them do not play the basic royoli, for example, at placing of the state or municipal order.

So, according to Rosstata, in 2012 competitive procedures were used 1 168 377 times, and purchases at the unique supplier - 10 750 225 times, i.e. poyo

Honour in 10 times more. It perfectly illustrates efficiency of norms of the law of the Russian Federation «About purchases of the goods by legal bodies».

The inefficiency of operation of law is expressed in non-observance konkuyorentnyh procedures, opacity of tendering, abusings, neyochetkosti criteria of selection of winners of the auctions, access reception to bjudzhetyonym to resources of not qualified addressees of budgetary appropriations

And t. And.

2. Tehniko-legal (is formal-legal) and substantial nedoyostatki (in some cases - errors), peculiar to legal regulation of economic system of Russia. It is instability, a fragmentariness, nezayovershennost its legal regulation, following of nesistemnosti in prayovovoj to the politician of the state. There is no package approach of the legislator

To the decision of economic problems.

Danykin A.Globalnyj financial crisis: uncertainty of scenarios//World kriyozis: threats for Russia: materials of a round table in IMEMO the Russian Academy of Sciences. M, 2009. With. 28.

Martynov And. And again nationalisation of the Russian society. With. 19.

For example, in one of the basic economic laws about purchases tovayorov, works, services for needs of the state - the Federal act from July, 25th, 2005 № 94-FZ «About placing of orders for deliveries of the goods, performance of works, okayozanie services for the state and municipal needs» - to the present vreyomeni is brought 36 amendments. The law is stated difficult, trudnoponjatnym grazhdayonam by legal language. Users of the Law hardly can understand, how goyotovit the competitive documentation as it is difficult to combine in a flowery style izloyozhennye legal instructions and possibilities and requirements of persons, pretendujuyoshchih on the state order. Legal regulation is not detailed by kinds of purchases, does not consider specificity of various branches of economy. As a result of FedeYOralnaja the antimonopoly service has excited in 2012 18 511 affairs about adminiyostrativnyh offences for infringement of the legislation on placing

заказов1. It is enough to recollect, how in Ekaterinburg in 2010 purchase tomoyografov for city medical institutions was accompanied large naruyoshenijami legislations that has led to excitation of some criminal cases.

3. Incompleteness of development of a social order of the country, insufficiently high level of public sense of justice and the general culture of a society. It objectively brakes an exit of the Russian economy from a condition stagnayotsii as, in particular, it is expressed in absence of trust of the majority inveyostorov and manufacturers to state-legal institutes, regulirujuyoshchim economy. Inflow of the capital to a national economy while is obviously insufficient in the conditions of remaining economic sanctions of the western countries.

4. Ignoring of such elements of a social system, as reliyogija and labour ethics formed with its help. We will stop on this aspect more in detail.

M.Veber wrote: «Without the universal statement of those qualities and printsiyopov methodical vital behaviour which were spread by the religious

Societies, capitalism and until now (even in America) would not become what it jav -

URL: http:www.fas.gov.ra (reference date: 25 12. 2015).

ljaetsja now »1. He underlined, that religion - one of major factors of development of capitalist economy. Any new economic porjayodok from the very beginning encounters resistance from broad masses, poyoetomu the religion plays an invaluable role in formation business kapitalisticheyoskih relations. In particular, Protestants preached accumulation bogatyostva and well-beings not only as advantage, but also as a debt of everyone

The Christian.

The modern historian and economist D.Landee has proved presence of direct dependence between prosperity of national economy and such kacheyostvami its citizens, as ekonomnost and thrift, diligence, persistence, honesty and tolerance. He writes: «Relative poverty in the modern

The world grows out of refusal from political, religious, proyomyshlennyh elite to stand the tests connected with the statement new tehyonology. Integrated first of all inhabitants from Europe - merchants, svjayoshchennikami, gangsters with the weapon - during old times, and transnational corporations, the international establishments - nowadays »1. Such qualities as xenophobia, religious intolerance, corruption guarantee poverty shiyorokih weights of the population and slow development of economy. In other words, character and rates of development of economic system of the state are influenced directly by labour ethics, the general culture.

The major characteristic of effective legal regulation as we already marked, its significant communication with ethics, ethical normayomi is. S.Mill in 1844 approved, that all factors concerning to vzaimoyodejstviju the person and the nature, have the mixed character: they depend both on nature laws, and from laws of morals (spirit) 3.

veber M.Protestanskaja ethics and spirit of capitalism//veber M. the Selected products / the lane with it., sost., obshch. red. J.N.Davidov. M, 1990. With. 278.

2 Landes D. The Wealth and Poverty ofNations. New York, 1998. P. 213.

3 TSit. On: Tchaplygin I.G. Kinds of economic norms and valuable nagruzhenost ekonomiyocheskogo knowledge//URL: ht 1 р://www.gsardmashvily, ru/Chaplvts_pab, pdf (reference date: 07.13. 2015)

And. G.Tchaplygin also with special force is underlined by communication of ethics and ekonoyomicheskoj activity which is realised in consciousness of the individual. She sprayovedlivo believes, that «any rational acts of will have the ethical

The maintenance as it is directly connected with estimating consciousness. It is directed on realisation of the purposes which always for the subject have tsenyonostnoe value. Thus, operating, the person realises the predstavyolenija about due and undue »1. And. G.Tchaplygin health), with its social essence (self-realisation, boyogatstvo), with the public purposes (political, social) defines the nature of these values (cultural values) which is connected with biological essence of the person (a life. And further:« in the istoriko-economic literature communication of models soveryoshennoj a competition to a political ideal of a democratic society was underlined. In the same way the cultural environment, it is recognised also by economists, defines hierarchy of valuable preferences of consumers. As a result of any vyjavyolennyj the fact, the law, the generated conclusion are a part tseyolostno the polarised cultural space »2.

Joining this conclusion, we will specify, that cultural space nevertheless, as a rule, it is not polarised, because has constant native speakers, customs and traditions, at these carriers the unity of a spiritual warehouse and geographical, cultural-historical and other characteristics ekoyonomicheskogo way is observed.

5. Prevalence in our country of is directive-administrative management methods производством3. The problem sharpness is caused by that sozdanyonye in Russia 29 state corporations («the Russian corporation nanotehnology», "Rosatom", etc.), the hi-tech centres ("Skolkovo", «Titanic doyolina» etc.) have initially not market nature, that as it is marked

Tchaplygin I.G. Kinds of economic norms and valuable nagruzhenost economic knowledge.

In the same place.

3 See: Merkulov J.Osobennosti of the Russian branch monopolism//the Society and ekoyonomika. 2009. № 4-5. With. Т1.

In the literature, it is shown «in their inflexibility, in absolute neprisposoblennoyosti to market methods of housekeeping» 1. In this sense minimisation royoli the states in management and a legal regulation economy sectors is capable to raise economic efficiency.

6. Ignoring during law-making of difficulties in adaptation zapadyonyh market institutes to features of the Russian economy. World financial crisis has confirmed it. A.Danykin writes: «Usually say, that

Anti-recessionary measures in the developed states differ from measures, prinimav -

myh in developing countries - China, India. Brazil. But, we will notice, they have very limited possibilities to stimulate internal demand. As soon as Russia will start it to stimulate, import first of all increases. Besides, for Russia low price elasticity on the major goods is characteristic. The bright example - retail prices for gasoline. Therefore it is not clear, how to our economy to leave crisis and to adapt to new realities in the world »2. One more convincing example: only in the Russian Federation odnoyovremenno with increase of the prices for bread sharp jump in it potrebyolenii is observed. It is so-called effect Гиффена3.

7. Ignoring by the Russian legislator during law-making of features of the Russian business cycle. K.Hubiev so defines these features: «Course of macroeconomic processes in Russian FedeYOratsii within last two decades is unique in the historical plan... The economy of Russia for last two decades passes special ekoyonomichesky a cycle with known historical anomalies» 4.

Further it defines sources of such anomalies as first of all politicheyoskie and with deep arguments approves, that in the Russian business cycle unprecedented recession on depth breaks the most important law,

Merkulov J.Osobennosti of the Russian branch monopolism. With. 27.

2 See: Danykin A.Globalnyj financial crisis: uncertainty of scenarios. With. 6.

3 See: Hubiev K.Osobennosti of the Russian business cycle//the Economist. 2009. № 3. With. 4.

4 Tamzhe. With. 38-39.

Consisting in that «in a revival and lifting phase there is a mass

Fixed capital updating on a new technological basis. In it soyostoit the main positive result of a cycle. Mass technological obnovyolenija a fixed capital at which the technological basis is created for

More high efficiency of work, economic growth, serve glavyonym as the justification of the difficulties which had during crisis by the population and the enterprises. The Russian cycle extends with this law. If the countries of Europe and the USA use recessions in economy and crises for ocheredyonogo system jerk first of all in productive forces in Russia «growth of manufacture with 1999 on 2008 had compensatory character and proyoishodil basically at the expense of loading of old productive capacities, vyyosvobodivshihsja during slump in production» 1.

8. Ignoring of influence on economic processes of culture. Meanwhile it is one of the major elements of a social order in any gosudaryostve. Still Adam Smith and John Stewart Mill underlined, that cultural phenomena at times make much bigger impact on behaviour of people in manufacture and consumption sphere, than primitive prosecution personal выгоды2.

After classics of classical political economy we consider

Culture that element of public system which, being the independent factor, strongly enough influences economy. One of the first the culture as the independent factor was considered by the known American scientist, spetsiayolist in the field of E.Benfild's government. It has proved communication of rates of development of this or that economic system with presence sootvetyostvujushchej the culture which have developed in these or those стране3. He wrote, that «liyoberalnoe the democratic society assumes respect of institutes,

Hubiev K.Osobennosti of the Russian business cycle. With. 39.

See: Mill D.S.Osnovy of political economy with some appendices to sotsialyonoj philosophies. M, 2007; Smith A.Issledovanie about the nature and the reasons of riches of the people. M, 2007.

3 Banfield E. S Civility and citizenship in liberal democratic societies. Paragon House. N Y. 1992. 163 pp.

Practice and ways of thinking. It assumes concessions to minority - for preservation of degree of harmony without what the society cannot continue to develop in the foreseeable future »[23].

Let's pay attention also to problems more the general legal harakteyora. Which decision is capable to raise efficiency legal regulirovayonija economy.

So, analyzing the current legislation maintenance about investiyotsijah, S.N.Shishkin does a conclusion that «mechanical impregnations of new concepts in structure of the Civil code of the Russian Federation are hardly expedient. neobyohodimo to protect interests of the investor - the person who leaves the property in hope of conscientiousness of its purchaser ready deyolitsja with the former proprietor of this property by the profit; preduyosmotret possibility of differentiation of a responsibility of the parties in contractual relations, having taken into consideration investment risk. That capital investments, or investments, mean voyovlechenie property in a trade turnover subordinated to the rules and imeyojushchy the features would be correct to pay attention. Not casually in a number of the countries trading codes prodolyozhajut to exist along with civil» [24].

It is thought, it is connected by that the concept of the property mnogomerno, but legally is not sated, does not define serious nuances of this ekonomikoyopravovoj a category. «Besides, last years observance of the rights sobyostvennosti, according to businessmen, began to depend on political connections much more. Decisions under investments directly depend from uverennoyosti potential investors that if necessary they can eat in court on the state. Moreover, political connections remain till now a valuable active on a case of occurrence of legal disputes. As show economic calculations on the basis of interrogation of businessmen, taking into account other equal, the small enterprise can increase by 9 percent
The chances of a victory in the property quarrel at law with other small firm, having secured with strong links in the regional government. KoYOroche speaking, the result means, that the difference in „game conditions" for different igyorokov in the field of the Russian business within last decade postojanyono increased »[25].

Authors of the book «Russia after crisis» can entitle somehow chapters and paragraphs, thinking out it biting names of type: «Results preziyodentstva Putin: corruption»; «Foreign policy of Russia: modernisation or marginalizatsija?»; «the Project of the CIS: one foot in a tomb» etc., but some facts resulted in her, really force to reflect about ekonomiyocheskih rules of law as not simply tsennostno focused, but also poyolitizirovannyh.

If the property right in the Russian Federation was faultless from the legal point of view, i.e. If existed and it is identical to all subjects reayolizovalis effective economic rules of law the loss in connection with gross violations in it of the rights sobstvenyonosti would not be caused to image of Russia. «As an example we will result some (from set) epizoyodov. Bankruptcy and the subsequent resale of the oil giant« Yukos »in 2003, forced sale of actions belonging to foreign investors« Gazprom »in the project« Sakhalin-2 »in 1006, expropriation of three doyochernih the companies of international investment fund Hermitage Capital in 2008, - all it has assigned to Russia reputation of the country which are not respecting and not protecting the property rights» [26].

Does not cause doubts and that fact, that domestic private business soyotsialno bezotvetstven, it is moral marginalen. The thesis «the Property objazyyovaet» does not induce domestic proprietors to charitable dejayotelnosti. And scientific shots at times wish to help private business obmayo
nut the state. It only in Russia practically in any bookshop it is possible to buy a management on ways of shelter from taxes. So, R.S.GrinYoberg does a conclusion, that «domestic private business in the ill-matched polysubjectivity slowly masters tsivilizatsionnye forms hozjajstvoyovanija, supposes numerous infringements of laws and ethical standards, that

It is shown not only in evasion from taxes, but also in payment understating

Workers, deterioration of its conditions, the leader to breakdown susceptibility growth, in neobykyonovennom price inflation »[27].

Foreign jurists believe, that within the limits of the theory of the rights sobstvennoyosti the concept «the economic right» which is contrasted develops

To corresponding legal term »[28]. As the property right

It is established not only legal, but also ethical standards, and

Gets basic value for enterprise dejayotelnosti so far as here economic value of the right is solving,

And it depends from real, instead of formal possibility of the person to realise the powers and to receive the corresponding income. As D.Allen writes, «than more full possibilities of the proprietor on realisations of the rights and cargo otvetyostvennosti for consequences, there are fuller than its property right, out of zavisimoyosti from legal rules» [29].

However hardly it is possible to agree with such statements.

First, the economic right under the maintenance is unconditional shiyo

re institutes, its components. In this case it is a question of the right sobstvenyonosti. Therefore «within the limits of the theory of the property rights» cannot razviyovatsja "concept" of the economic right in any way.

Secondly, at all multidimensionality and a valuable saturation of the property rights hardly these rights can is high-grade to be realised out of juridiyocheskih norms. Imperative rules of law, unlike others soyotsialnyh norms, have created conditions for development of market relations and perehoyoda the most developed states to a postindustrial society.

Thirdly, as truly write V.V. Ershov, E. M.Ashmarina and V.N.Kornev, the economic right represents complex megabranch ’, in force cheyogo defensible to recognise behind it ability effective methods obespeyochit high-grade realisation of the property rights. The huge contribution in razrayobotku diagnostics questions generated ™ in the Russian right new otyoraslej the rights was brought by V.P.Reutov [30 [31]. Using its recommendations about distinction of branch differentiation of branches of law, it is possible to answer without effort on voyopros, whether there are bases for a recognition of independence of branch «ekonoyomicheskoe the right».

V.B.Pastuhov believes, that «that the tendency to expansion of legal space, to replacement politically motiviroyovannyh„ deviations "pravoprimenitelnoj experts has prevailed, the nature of Russian right should change. Its dualism should be overcome, the right should become more formal, more obligatory. For everything, and not just for the power. It in turn can become a consequence of the deepest motions in culture, in system of base ethical values from which, actually, and the Russian sense of justice grows.„ Revolutions it is right "revolution should to precede kulyoturnaja...» [32].

It is obvious, that a method offered by the author, it is rather radical, but rayotsionalnoe grain is present at it.

The problem of the legislator - to find that thin side in legal regulation,

Which will not allow moral values to "wash away" the right, to make it isyo
kljuchitelno optional, and at the same time it should as much as possible voployotit these values in the rule of law. Here revolution in the right is not necessary; here the culture of the legislator, its outlook and moral authority are necessary. The technics of legislative activity should change, and changes should be begun with the legislator. The educational qualification, probably, examination on knowledge of history, culture, specificity of social development should become a reality for the deputy case of the State Duma and Council FedeYoratsii of following convocation.

The major specific characteristic of a legal regulation of economy is the measure of the state intervention in it, fixed by these norms. «Theoretically the problem of the state intervention and self-control, - writes V.E.Chirkin, - dares simply enough: as state interventions cannot be avoided and in a modern society of it it is not necessary to try to do, it is necessary to observe a measure of intervention of the state during a public life that would not break natural self-control obyoshchestva (in those spheres where it is expedient) and at the same time would allow isyopravit lacks of spontaneous development (in those spheres where it is possible and it is necessary)» 1. The scientist speaks about kropotlivosti finding process takoyogo effective balance, about necessity to take thus into consideration set of nuances (up to psychology of various groups of the population, their expectations etc.) 2.

I.Osadchaja, investigating a state role in postindustrial economy, names some the most important functions which form the base and borders market экономики3. It is function of manufacture of public benefits (their main feature - general consumption). It is defence, order protection it. d.; function of protection of a society from external (global) effects of market activity (immigration regulation, the control over the financial

Chirkin V. E. The modern state. M, 2001. With. 303.

Osadchaja I.Postindustrialnaja economy: whether the state role varies?//World ekoyonomika and the international relations. 2009. № 5. With. 31.

In the same place.

Sphere with a view of influence softening on it of world financial crises, the control over multinational corporation activity on state territory etc.); korrektiyorovka adverse social consequences of market economy (sotsiyoalnoe an inequality, unemployment, poverty) 1.

All named functions at first sight are equivalent, but with the account razyovitija market relations in the country and in the world two-three more leading functions of the state at the present stage obshchestvennoyoekonomicheskogo developments of the country which should be considered in any ekoyonomicheskoj to norm should be defined. As it is represented, it is maintenance function gosudaryostvennogo the economic sovereignty from which follow state both the public safety, and function of social technology in the conditions of market economy formation. And maintenance function ekonomicheyoskogo the sovereignty consists first of all in territorial, ekonomicheyoskoj, resource (there is first of all a human resource) and ekologoyopravovoj securities of Russia.

So, M.M.Brinchuk with deep arguments approves, that at the weakest legal security of these structural elements of the given function the Rossijyosky state, «involved in active globalizatsionnye processes, or in global capitalism, risks more, than guarantees own suveyorenitet and well-being of a society» 2. For example, in Russia now a share of import of the foodstuffs in the food market on 10-15 % prevyyoshaet a threshold of food safety. Economists, certainly, know, and legislators, obviously, no, that «th share of import is considered 20 %

Economic threshold which stagnation when import not doyopolnjaet, and suppresses internal manufacture »follows. It is a direct way to prodo -

Osadchaja I.Postindustrialnaja economy: whether the state role varies?//World ekoyonomika and the international relations. With. 32.

Brinchuk M.M.Pravo as a resource of degradation of the nature, a society and the state//gosudaryostvo and the right. 2012. № 4. With. 37.

3 In the same place. With. 36.

volstvennomu to crisis in the country which can be operatively used the Council of Europe in reply to any serious political miss of Russia.

In modern paternalistskom a social order of Russia the private capital as we already marked it, aspires to invest abroad, i.e. RosYOsii just it is necessary transition «from the private industry to obshchestvenyonoj to utility... This tendency, possibly, will increase in process of movement deep into postindustrial development. At early stages of a life the majority of new technologies can demand the big brave investments. neopreyodelennost and the long recoupment distracts a private sector from attempts soyozdanija the brave and arrogant enterprises. The state, having as nadezhyonuju financial base, and various not economic motives can incur and justify such investments» 1.

Pr oblema private business and innovations for Russia it is most actual, as from the point of view of the economic theory the small enterprises most quickly adapt to changing technological potrebnoyostjam, but these enterprises in Russia in force (including) specificity of postindustrial mentality of their owners and have not received effective development. Besides it is necessary to recognise, that here the most essential role plays

Security resources and riskiness of investments in innovative proizyovodstvo. As it is marked in the literature, «many types of modern innovations basically are out of resource possibilities of small firms, especially esyoli business concerns difficult products with a considerable quantity of components. CHtoYOby to mobilise the necessary number of researchers, the equipment and the finance, nuyozhen such stock of resources and liquidity which the small and average companies» 2 seldom possess. In other words, between the size of the enterprise and level of its innovative activity unconditional communication is traced. A role a game -

Markarjan K.V. the General theory of the postindustrial state. With. 71-72.

Potter K.Innovatsionnoe behaviour of the largest companies: lazy monopolies or agenyo

You modernisations?//Economic and the international relations. 2009. № 3.

WITH. 5.

tsentratsii manufactures «consists that the companies winning domiyonirujushchee position in the market, presume to spend to themselves for innovations veyosomuju a profit share» 1. In Russia innovative activity in economy

Develops in large state and private-state predprijayotijah. This tendency will accrue only that promoted by structural features of the industry, financing on 98 % of all scientifically-tehyo

nicheskih programs the state, carrying out of the innovative policy by it

As a whole.

In modern legal researches the increase fact of "legal inflation» is marked, i.e. Growth of scales, intensity, mnogourovnevosti national economy legal regulation. The analysis of economic function of the state which even more often becomes a subject testifies to it

Steadfast attention of theorists of the state and the right and experts on

To management \'. Meanwhile such researches especially are required in the conditions of the payoternalistsko-state capitalism. In this connection V.Kondratyev,

Analyzing interaction of corporate sector of economy and the state,

Results depressing example of misunderstanding of the major tendencies of obshcheyostvenno-economic development. It is a question of the concept of development of the Russian economy till 2020 (section «state and business Interaction») \'. In it the state role is reduced to creation of conditions for business, to decrease adminiyostrativnyh barriers. The termination superfluous reguyolirovanija and stage-by-stage reduction of participation of the state in management sobyostvennostju thus is offered. The author does a conclusion, that here «a state role is unequivocal svoyoditsja to a role of the spectator» 4.

Potter K.Innovatsionnoe behaviour of the largest companies: lazy monopolies or agenyoty modernisations?//Economic and the international relations. With. 4.

Dobrynin N. M, Mitin A.N.Diskurs about problems of efficiency of the government in Russia//the State and the right. 2014. № 2. With. 15-22.

Dews. Gas. 2008. 12 fevr.

Kondratyev V.Korporativnyj sector and the state in strategy global konkurentoyosposobnosti//Economic and the international relations. 2009. № 3. With. 29-30.

V.Kondratyev's opinion more than doubtfully as the state remains the main subject of economy as only in its competence

There is a legal regulation perfection, creation new pravoyovyh norms, definition of a subject of their regulation. In economic sphere area of care of the state are increase of competitiveness of economy at the expense of the thought over economic policy in relations with zaruyobezhnymi partners, creation of a mode of stimulation innovative and inyovestitsionnoj activity, formation and realisation of a policy of development of competitiveness of the enterprises, the companies and the corporations, capable to carry out the economic project of the state.

Thus, specificity of legal regulation of economy zakljuchayoetsja not only in an establishment of parity state, public and

Private interests, but also in cardinal change of character gosudarstvennoyogo interventions in economy. Methods of administrative regulation, koyotorye directly follow from imperativeness of standard instructions, should be replaced with optionality immanently inherent in the right. All participants of economic activities are interested in it, and also the state in the name of the enforcement authorities equally.

V.Karavaev notices, that transition of the state from inactivity to excessive and even to harmful intervention in business, sharahane «from the arbitrariness power to a power arbitrariness is dangerous. And this danger nowadays more than is obvious» 1. At the same time today the state problem in economy cannot and should not consist only in strategy definition. The state problem is seen

In an establishment of the rules of law regulating development ekonoyomicheskih of relations, the norms unequivocally understood by all managing subjects. For example, it is known, what exactly in sphere economic otnosheyony corruption is extended widely enough. A number legislative akyotov, accepted in this direction, represent itself as legal means

V.Tomogramma's loaves of the Russian Federation-economy: the anamnesis and the diagnosis. With. 115.

Struggle against the specified phenomenon, but the situation while badly changes in the best

The party.

It is represented, that an objective basis of corruption in economic

Activity absence accurately regulating it remedial is

Norms, substitution by their strong-willed decisions. So, V.Klejner, characterising korrupyotsiju as conscious and voluntary acceptance by officials neopyotimalnyh for the organisation, the state as a whole decisions with a view of reception

The additional blessings, comes to conclusion, that in Russia corruption - «it esteyostvennaja the component of economic activities penetrating bolyoshuju a part of economic relations. Corruption in Russia became some kind of

The glue fastening separate components of a national economy »[33].

The told allows to establish, that it is available requirement in pravoyovyh norms with such legal maintenance which would allow to make management of economy of more effective. The Economic code where could be included as already operating could become the form of such norms

Economic rules of law, and norms with the new legal maintenance,

Which contours we have designated above. In this sense the Code could inteyogrirovat clear rules and procedures of the permission of economic disputes,

Clear procedures of references on that to generate institute otvetstvenyonosti the persons breaking established rules; rules and terms of registration of the necessary documents regulating economic activities, and also responsibility for bureaucracy and red tape in business of delivery of allowing documents necessary for its conducting (for example, licences). Differently, the Economic code could direct regulating «prayovovuju energy» (S.S.Alekseev) on creation of guarantees and conditions for osuyoshchestvlenija to economic activities. The supplementary measure, sposobyostvujushchej to improvement of an economic climate in Russia, could serve
Creation of administrative courts, economic vessels thanks to which justice becomes accessible and effective first of all for small bizneyosa - bases of that social order which is provided Russian KonYOstitutsiej.

Domestic economists and jurists while deeply have not got into a being of our economy and rules of law, its regulating. For example, N.I.Maslennikov believes, that now «the most important art in gosudaryostvennom management is reduced to some kind of bridge-management, that is peyorehodu from one system of regulation to another. Time for a choice of variants of a policy is promptly reduced. It is necessary revision of many budgetary parametres. Not trivial decisions - under tariffs natural Be required

Monopolies, under the state investments, on tax stimulation

And to many other things »[34]. In our opinion, it not transition from one system reguliyorovanija to another, and besides obviously traced method direktivnoyoadministrativnogo managements.

All stated allows to draw following conclusions.

1. In Russia there was a specific social order, which

It is possible to treat as the state capitalism with elements paternalizyoma, causing a considerable role of the state in economic proyotsessah at performance of social obligations by it.

2. High degree of participation of the state in social processes and ekoyonomike assumes forming of the corresponding legislation and razyoreshitelnogo type of the legal regulation, directed on formation

Socially passive sense of justice, increase of relative density of rules of law.

Which have paternalistsky character (legal regulation in the conditions of a market society at observance of social guarantees). In this case the legal system is formed paternalistskaja.

3. Each of the institutes forming a social order in Russia,

It is capable to influence and influences legal regulation economic otnosheyony. This influence can have a positive orientation, promote efficiency of legal regulation of economy (such elements obshcheyostvennogo a system, as political institutes of the power (state). But in some cases social order elements (paternalisteki adjusted sotsialyonye groups) can act as known terminators effective vozyodejstvija legal regulation. Performance of great volume of the social

Obligations slows down economic growth, but provides stability

Legal order.

4. Effective legal regulation of economic relations predyopolagaet the all-round account the legislator of specificity of the adjustable social

Groups and classes, their sense of justice, and also possible influence of religion and kulyotury on behaviour of the big social groups and social classes.

5. The decision of separate problems of tehniko-legal character, obuyoslovlennyh social order elements, will help more effectively

To carry out legal regulation of economic relations in Russia.

<< | >>
A source: TARASOV Denis Jurevich. ACTUAL ASPECTS of EFFICIENCY of LEGAL REGULATION of ECONOMIC RELATIONS In Russia. The dissertation on competition of a scientific degree of the master of laws. Ekaterinburg -. 2017

More on topic § 1. The right as the effective tool of influence on economy in the light of modern interpretation of essence of the Russian social order:

  1. § 1. Concept of interpretation of the right in the light of modern philosophical hermeneutics
  2. the concept Contents “population social protection” and necessity of social protection for modern market economy
  3. 1.1. Social and economic essence and a real estate role in market economy
  4. § 5.1. Concept, an essence and value of judicial interpretation as forms of expression of the Russian criminal procedure
  5. Chapter 1. SPECIFICITY of the SOCIAL ORDER of Russia And ITS INFLUENCE ON LEGAL RGULIROVANIE ECONOMIC RELATIONS In the COUNTRY
  6. legislative interpretation of the term "secret operation" and the modern standard standards regulating an order of authorisation and carrying out of secret operations
  7. Replacement of market relations in modern economy under the influence of monopolisation
  8. 2.3. The contents of social responsibility of the integrated subjects of the Russian economy
  9. 2. SOCIAL RESPONSIBILITY OF THE INTEGRATED SUBJECTS OF THE RUSSIAN ECONOMY: PRECONDITIONS, THE CONTENTS, THE SPECIFICATION
  10. Chapter 3. Influence of monopolisation on social and economic transformation of the modern world
  11. 3. The BASIC FORMS of social responsibility of the INTEGRATED SUBJECTS of the RUSSIAN ECONOMY
  12. 3.1. Ordering of the basic forms of social responsibility of the integrated subjects of the Russian economy
  13. 2.2. Preconditions of formation of social responsibility of the integrated subjects of the Russian economy
  14. 2.4. The specification of social responsibility of the integrated subjects in the conditions of modernisation of the Russian economy
  15. an ethnic component in the regional organisation of modern Russian economy
  16. 2.4. Influence mirohozjajstvennyh processes on the Russian economy
  17. modern Russian economy from the point of view of possibilities of a macroeconomic policy
  18. Kleymenov Ekaterina Vladimirovna. the CONSTITUTION of the RUSSIAN FEDERATION In the light of the BASIC TENDENCIES of DEVELOPMENT of MODERN LEGAL CULTURE. The dissertation on competition of a scientific degree of the master of laws. St.-Petersburg - 2001, 2001
  19. 3.2. Obespechitelnaja and reproductive forms of social responsibility of the integrated subjects of the Russian economy