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    No. 18, September 2018

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    № 18, сентябрь 2018

    Table of Contests                   
                           

     

      Arapova Irina

    Konstantinovna

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    Legal Aspects of Artificial Increase of Accounts Payable in a Bankruptcy Case

         Abstract        
      This article aims at analysing the provisions of the current legislation of the Russian Federation on some material and procedural issues related to the consideration of bankruptcy cases. In particular, the author studies criteria for the establishment of requirements of creditors for inclusion in the register of requirements of creditors, examines the factors influencing the characteristics of debt as fictitious (artificial), analyses the judicial practice and positions of supreme courts in relation to the increasing of the standard of proof in cases on bankruptcy and rejection of the purely formal approach of the assessment of evidence, particularly when deciding about the inclusion of requirements in the register of creditors. The author also pays attention to a brief description of the main criteria that indicate artificially increased accounts payable, while, in the author’s opinion, each of them should be considered by the arbitration court in conjunction with other evidence and taking into account the circumstances of a particular case, and not have an inflated evidentiary value.
     

     

    Key Words: economic relations, bankruptcy (insolvency), register of creditors’ claims, fictitious accounts payable, artificial increase of accounts payable, sham transactions.

     

            Abstract           

     

    Bogomolova Yuliya

    Andreyevna

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    Marketing in Supermarkets: Modern Techniques 

    The paper presents the main methods of marketing in supermarkets. Large retail chains attract narrow specialists to conduct a competent marketing policy, which allows to increase sales and, accordingly, profit. The article describes in detail the basic techniques of marketing, such as price, location of goods and counters, size of food carts etc. The author comes to the conclusion that the main trends in the development of the modern market contributed to the transition from the traditional marketing management concept to the concept of targeting the retention of existing consumers, the development of a long-term marketing strategy, and the dialogue with the consumer.   

     

     

    Key words:  marketing, supermarket, customer, reception, product, price

     

     

     

     

    Voropayev Aleksey

    Sergeyevich

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    Some Aspects of Latency of Corruption Crimes

             Abstract    
      The author considers some aspects of latency of corruption crimes. Nowadays, corruption is a dynamic and global problem which affects the economic and social systems of the state. The emerging situation with the latency of corruption crimes necessitates further practice-oriented improvement of state policy in this area. It is noted that the analysis of judicial practice requires the prevention of unjustifiably excessive use of such types of punishments as restriction of freedom, fine, mandatory work, correctional work for committing corrupt crimes, and strengthening counteraction to grave and especially grave corruption crimes at all levels—detection, disclosure, and punishment. The author comes to the conclusion that it is necessary to further implement the decriminalisation of criminal offenses that do not pose a great public danger transferring them to the category of administrative offences.
     

     

    Key words: latent crime, corruption crime, crimes against the interests of service in commercial and other organisations, corrupt practices, subject of corruption crimes.

     

            Abstract           

    Voropayev Aleksey

    Sergeyevich

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    Legal Analysis of Bribery in the Russian Federation and the Kingdom of Denmark

    The article presents a comparative analysis of the features of dispositions and sanctions of criminal law norms establishing the responsibility for taking bribes in the legislation of Denmark. Based on this comparative analysis of foreign and Russian criminal legislation and taking into account the positive legislative experience accumulated in these countries, the author formulates some proposals for improving criminal legal means to counter corruption crimes. It seems that an in-depth study and synthesis of positive experience of countering corruption in foreign countries where its level in the public sector is minimised will contribute to the development and implementation of more effective anticorruption measures in Russia.   

     

     

    Key words: corruption, bribe taking, official, civil servant, criminal responsibility, state power

     

     

     

     

      

    Garkusha Olga

    Grigoryevna, 

    Sayenko Irina

    Ivanovna

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    The Role of Marketing Communications Under Modern 
    Conditions

       
         Abstract        
      Marketing communications are the process of transferring information about the product of the organisation to the target audience. The article examines the role of marketing communications under modern economic conditions. Marketing communications are actively used today as an effective marketing tool, including the practice of bringing information to the information necessary for the enterprise. At the organization level, communications are a dynamic process. Also, types of marketing communications are identified, for example, the formation of favorable public opinion, personal contacts and sales, integrated forms of promoting products to the market and promoting sales. More detailed consideration is the most common form - advertising. The forecasts of the volume of the Russian advertising market in 2017 are given. The advantages and disadvantages of the elements of the communications complex (advertising, sales, PR, SP) are singled out.ed.
     

     

    Key Words: marketing, marketing communications, relationship marketing, advertising.

     

            Abstract           

     

    Glazov Georgiy

    Sergeyevich, 

    Sayenko Irina

    Ivanovna

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    Internet Marketing in Russia: Problems and Prospects 

    The practice of using all the aspects of traditional marketing in the Internet in order to sell goods, perform a work, or provide services and manage the relationship between them is called digital marketing. The processes of transition to the information society and total expansion of the Internet have led to the emergence of a new field of marketing activities called digital marketing. The creation of a new management concept provides modern tools, provides for successful market operations, and helps to achieve the maximum contact between various organisations and the target audience with a mutual minimum of spendings through the use of online media. The article considers features and prospects of the development of digital marketing in Russia, as well as its problems and ways of their solution   

     

     

    Key words:  digital marketing, advertising.

     

     

     

     

     

    Kolpakov Anton

    Fedorovich

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    Features of the Legal Status of the Financial Manager

             Abstract    
      This article presents the analysis of the norms of the current legislation regulating the legal status of the financial manager as a direct participant of legal relations arising in the bankruptcy of a citizen. The necessity of compulsory participation of the financial manager in the bankruptcy case of a citizen is substantiated. The authors studies the main problems of exercising the powers of the financial manager, as well as questions of their monetary compensation. Summing up the judicial practice of using Russian legislation on bankruptcy of an individual entrepreneur made it possible to support with arguments a number of proposals for improving the provisions of the Federal Law on bankruptcy affecting the activities of the financial manager. In addition, in this article, the author proposes the ways to solve the indicated problems
     

     

    Key words: financial manager, bankruptcy, citizen, individual entrepreneur, arbitration court, application.

     

            Abstract           

    Kolpakov Anton

    Fedorovich

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    Cross-Border Bankruptcy: Its Essence and the Issues of Legal Regulation

    This paper examines the main problems of cross-border insolvency and insolvency of cross-border groups of companies. The problems and difficulties encountered by lawmakers and law enforcement officials in the presence of foreign bank assets of a bankrupt company are examined. The author emphasises that Russia, despite the almost complete absence of legislative norms on cross-border bankruptcies, is still a participant in the competition to regulate them. Therefore, the domestic legal community should, as soon as possible, solve the task of mastering the institution of cross-border insolvency by applying foreign experience to develop a special legal act, as the current state of affairs entails material losses and makes it extremely difficult to hear cases of the abovementioned character.   

     

     

    Key words:cross-border insolvency, bankruptcy, federal law, assets, regulations, legislation, debtor

     

     

     

     

    Kuznetsov Roman

    Sergeyevich, 

    Sayenko Irina

    Ivanovna

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    Environmental Marketing: the Impact of Packaging on Consumer Choice

               Abstract  
      The authors analyse environmental marketing as a new marketing solution that can create competitive advantages for various products. They assess the attitude of consumers to environmentally friendly packaging of goods, its impact on the environment, and the benefits of use. The authors also analyse the experience of using eco-friendly packaging as a tool to increase sales and improve the image in the activities of large corporations. The article considers the allocation of a new segment of the audience—“green” consumers. The study showed that modern consumers are increasingly thinking about the environment and the human impact on it, so they prefer environmentally friendly products. Many companies, in turn, underestimate the prospects of environmentally friendly areas in marketing and production, so they miss the markets for their products
     

     

    Key words: environmental marketing, packaging, green consumers

     

            Abstract           

    Kurochkina Natalya

    Alekseyevna 

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    Сurrent Situation and Forecast of Development of the Real Estate Market in Russia

    The article touches upon the development of the real estate market of the Russian Federation. The author studies the problems faced by the citizens when buying residential and non-residential real estate. The level of development of the state is determined by the availability of sufficient housing resources in the country, as well as the probability of the acquisition of housing by all the segments of the people. The level of housing provision of the population of the Russian Federation lags behind the level of this indicator of economically developed countries in the work it is noted that the structure of the housing stock of the Russian Federation has changed significantly in recent decades, and a significant part of the total volume of housing is provided by individual developers. The increase in unscrupulous developers had a negative impact on the number of commissioning of residential real estate. In this regard, it is necessary to develop mutually beneficial cooperation between the state and the private sector to provide the population with housing, and consequently, the development and implementation of investment and construction projects organised on private public cooperation   

     

     

    Key words: real estate market, industrial production, economic crisis, decline in prices, mortgage

     

     

     

     

    Lyadskaya Yekaterina

    Maksimovna

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    Comparative Legal Analysis of the Antimonopoly Legislation of the Russian Federation and the United States of America
               Absract  
      Nowadays, the need for research aimed at strengthening the state’s position in the field of antimonopoly regulation and supporting competition is of particular relevance. In view of the fact that the Russian antimonopoly legislation took the central provisions of the Sherman Act, the most significant practical and theoretical interest is its comparative legal analysis with the antitrust laws of the United States of America. The author comes to the conclusion that domestic legislation contains more stringent mandatory norms than acts of the US antitrust laws, which is expressed in lower requirements to the minimum market shares necessary to recognise a person as a dominant entity in domestic antimonopoly legislation. The author notes that strict legal regulation is not always effective. In view of the evolving economic and political situation, it is necessary to orient Russian antimonopoly legislation towards liberalisation
     

     

    Key words: antimonopoly regulation, trust, monopoly, abuse of dominant position.

     

            Abstract           

    Lyadskaya Yekaterina

    Maksimovna

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    On the Issue of Improving the Mechanism of Administrative Liability for Violation of Antimonopoly Legislation

    The article examines the issue of improving the mechanism of administrative liability for violating the antimonopoly legislation. Administrative liability for violation of antimonopoly legislation is the most differentiated and widespread in law enforcement practice. The author notes that under administrative responsibility for violating the antimonopoly legislation, one should understand the measures regulated by the norms of the Russian Code of Administrative Offenсes for violating the norms of antimonopoly legislation by legal and physical persons. In the author’s opinion, it is necessary to amend the Russian Code of Administrative Offenсes and the Federal Law “On Protection of Competition” in order to consolidate the procedures for examining the case of an administrative offense and considering the case of violation of the antimonopoly legislation which will help to eliminate their duplication and create uniformity of law enforcement practice.   

     

     

    Key words: administrative responsibility, antimonopoly legislation

     

     

     

     

    Mishchenko Yuliya

    Andreyevna

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    Some Aspects of the Introduction of the Marketing Kit into the Structure of an Organisation
               Abstract  
      The paper presents one of the tools of modern marketing—the marketing kit. This topic is relevant, as many companies use the marketing kit to attract the client. With the help of this technique, companies try to interest a potential buyer by providing complete information about their activities, products or services. The main task of this tool is to tell about the company as much as possible and without the expense of unnecessary efforts. The author comes to the conclusion that before creating this marketing tool, it is necessary to conduct an in-depth analysis of the sphere of economic activity, the target audience and the market; to draw conclusions, to develop a structure and correctly fill it with text and visualization
     

     

    Key Words:marketing, marketing kit, business, company, customer

     

            Abstract           

       Murzinov Andrey

    Yuryevich  

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    Electronic Trading on the Territory of the Russian Federation

    In this article, the author studies the legal regulation of electronic trading in the Russian Federation. He considers the fact that in modern legal science and the current legislation, the general rules about implementation of trade in electronic network aren’t formulated and there is no legal concept of electronic trading. Therefore, the author pays special attention to studying of scientific approaches to definition of the concept electronic trading as a kind of enterprise activity carried out on the Internet. The purpose of this paper is definition of electronic trading in connection with other closely-related categories, its main features, stages of formation, and main directions of development in modern economy. In the course of the research, the author has come to the conclusions that such a way of trade became possible thanks to development and broad distribution of electronic technologies and the Internet. In this connection, there is a need of development of a unified act in the form of a separate federal law “On Electronic Trading in the Russian Federation” which will regulate implementation of electronic transactions and also will establish the concept electronic trading and will allow to define legal status of its participants   

     

     

    Key words: trade, electronic trading, the Internet, electronic message

     

     

     

     

    Murzinov Andrey

    Yuryevich

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    Legal Regulation of the Digital Signature in the Russian Federation

             Abstract    
      The present article touches upon the legal regulation of the digital signature in the Russian Federation at performing of legally significant actions on the Internet. The author examines the features of introduction of the digital signature in the system of document flow and considers the regulations which state that the modern civil legislation doesn’t contain the special provisions allowing to regulate transactions through the information and telecommunication networks. The author touches upon the issues of application of the digital signature as basic element of the electronic document confirming its authenticity. In the course of the research, the author comes to the conclusions that the basic purpose of the digital signature is in guaranteeing authenticity of information which is contained in the electronic document and also in an opportunity to prove to other persons that the electronic document has been signed by the specific sender or at the request of them and in the same form which they are presented in.
     

     

    Key Words:  digital signature, electronic document flow, electronic transaction, the Internet

     

            Abstract           

     

     

    Pereverzeva Oksana

    Nikolayevna 

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    Division of Common Property of Spouses Which Was Encumbered by a Pledge and Changing Its Legal Regime by Agreements Between Spouses 

    This article sees into such topical issues as the division of common property of spouses which was encumbered by a pledge and the change of its legal regime by agreements between spouses. This article presents the analysis of the materials of enforcement practice. The author comes to the conclusion that the legislation does not contain any norm that requires the consent of the pledge holder when concluding an agreement on sharing common property of spouses and the marriage contract, unless it is stipulated by the contract of pledge, as these actions do not entail alienation of the subject of pledge. Also it is noted that there is no need to comply with the requirements of Article 310 and Chapter 24 of the Civil Code of the Russian Federation, based on the fact that the pledge contract entails the encumbrance of the subject of the pledge itself, which affects the rights of its owner and does not generate obligatory relations between the pledge holder and the pledger.   

     

     

    Key words: division of common property of spouses, encumbrance, pledge, marriadge contract, jointly acquired property, agreement of spouses.

     

     

     

     

     

      Pereverzeva Oksana

    Nikolayevna

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    Issues of Application of the Russian Legislation in Joint Bankruptcy of Spouses

         Abstract        
      This article touches upon the topical problems of the application of the Russian legislation in joint bankruptcy of spouses. The normative legal base in this scientific research was comprised by the Federal Law No. 127-FZ of 26.10.2002 “On Insolvency (Bankruptcy)”, the Civil Code of the Russian Federation, and the Family Code of the Russian Federation. The work analyses the materials of law enforcement practice, namely, the practice of courts of general jurisdiction and appeals instance, as well as the Supreme Court of the Russian Federation. On the basis of the analysis, the author formulates the key findings and measures to eliminate the identified problems which are related to the need to bring the institute of joint bankruptcy of citizens to the legal field, as well as the need for precise formulation of the specifics of the sale of common property of spouses
     

     

    Key Words: common property, joint bankruptcy of spouses, contest weight, arbitral court, court of general jurisdiction.

     

            Abstract           

    Poda Darya

    Sergeyevna, 

    Sayenko Irina

    Ivanovna 

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    Motivation of Personnel as a Factor in the Effective Operation of an Enterprise 

    This article briefly describes the ways of motivating staff as an important factor in the effective operation of an enterprise. The relevance of this study lies in the extremely important problem of motivating and stimulating the activity of the personnel of a modern enterprise in the emerging market economy. The problem of motivation of workers in the sphere of production has not been fully investigated. This was due to the strategic goals of the development of the economy of the state as a whole. The transition to a market economy, the development of modern technologies led to an increase in those engaged in labour in the non-productive sphere. Therefore, it is necessary to focus on the study of the problem of motivation   

     

     

    Key words:  motivation, motivation of personnel, management, management, labour resources, employee, KPI, activity stimulation, labour, personnel managemen

     

     

     

     

    Falina Natalya

    Vladimirovna 

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    Priority Directions of Food Security in Krasnodar Krai Under Conditions of Implementation of the Policy of Import Substitution

             Abstract    
      The article touches upon the priority directions of food security in Krasnodar Krai under conditions of implementation of the policy of import substitution. It is noted that the value of the share of the vast majority of agricultural products, raw materials, and food of domestic production in the total amount of resources of the region does not exceed the thresholds defined by the Russian Federation Food Security Doctrine. Under the circumstances, one of the main directions of the state agricultural policy should be the creation of import-substituting industries. The author comes to the conclusion that in order to ensure a sufficient level of food security in the region, it is necessary to return to the policy of adequate agricultural protectionism. At the same time, it is necessary to stimulate the real purchasing power of the population and its effective demand. It is proposed to focus attention in the economic policy of Krasnodar Krai on the development of innovative clusters with the participation of business and government, in order to accelerate the socio-economic development of the region, its competitiveness, and the transition to the export-oriented development
     

     

    Key words: food security, import substitution policy, food products, regional policy.

     

            Abstract           

     

    Shapovalova Yelena

    Vladimirovna

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    Theoretical Aspects of the Legal Nature of the Marriage Contract

     

    The problem of creating favorable conditions for the existence and development of the family in modern society is directly related to the need to improve the norms governing the institution of marriage and relations. In view of the instability of the economic, political, psychological, and social situation in Russia, the marriage contract as a way of ensuring the property interests of the spouses in the event of divorce deserves special attention. The author comes to the conclusion that the fixed concept of the marriage contract in the Criminal Code of the Russian Federation does not allow to attribute this contract to transactions of a special kind, since its content provides for the possibility to regulate only property relations. The marriage contract has all the characteristics of a civil law transaction and it is necessary to apply the general provisions of the Russian Сivil Сode on transactions, provided that the other will not proceed from the specifics of the marriage contract.   

     

     

    Key words:  marriage contract, property relations of spouses.

     

     

     

     

     

    Ayvazyan Nadezhda

    Borisovna,

    Parfenova Mariya

    Vladislavovna,

    Sayenko Irina

    Ivanovna

     Читать статью:

    TQM System as a Factor of Service Quality Growth in the Hospitality Industry

             Abstract    
      Under present-day conditions, realizing the exceptional value of the service quality, many businesses of the tourism and hospitality industry develop and adopt corporate, professional and business standards of conduct in their structures. However, without prior training and particular mechanisms, ensuring the beneficial influence on staff, in some cases, they face new problems in the result of their implementation. Experts of the hotel business have summarized and systematized the “bottleneck problems” of this process in a number of recommendations. Firstly, the standards, upon which the employees adjust their work, must be feasible and adequate to the professional skills they possess. Secondly, it is quite obvious that the true standards arise from common values, principles and rules of conduct which are specific to the particular business. As a consequence, the standards should include the generally accepted rules of conduct that would help regulate the relations of the enterprise as a whole. Thirdly, businesses should have their own mechanisms to regulate, update and adjust new modules to standards of conduct in accordance with the changing environment. Such actions are necessary to update the business corporate culture. There is a number of quality management systems in the world and one of them is TQM. This article analyzes the results of the implementation of the Total Quality Management system in the famous Ritz-Carlton hotel chain.
     

     

    Key words: hospitality industry, quality, TQM (Total Quality Management), the RitzCarlton hotel chain.

      

     

     

     

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