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Development of business and protection of the rights of businessmen in Russia



2. N. Strekalova. Gender asymmetry in the system of the higher school//the Higher education of Russia.-2002. - No. 5. - Page 62-65.

3. M. Malysheva. Zhenshchina and globalization: fears and hopes//Zhenshchina Plus.-2002.-№ 5. - Page 12.
4. Zhenshchina and men of Russia. - M.,2004. - Page 130.
5. In the same place, page 49.
6. In the same place, page 108.
7. O. O. Zhenshchina at the Russian higher school: gender asymmetry

the Person and work remains//.-2006.-№2. - Page 87-88.

Yu.P. Kashirina

DEVELOPMENT of BUSINESS AND PROTECTION of the RIGHTS of BUSINESSMEN IN RUSSIA

Voronezh economical legal institution

The Russian business has centuries-old history and its development is closely connected with the history of the fatherland. It is enough to remember that trade activity was one of bases of economic life of Slavs, and the Old Russian state created at the end of the 9th century developed by association of the east Slavic tribes which were located along the well-known trade way "from the Varangian in Greeks". Merchants from Russia were known in different countries the world in the 9th century [8]. From the history of Russia such centers of the Russian trade and craft as Novgorod, Kiev, Pskov, Tver, Smolensk, Moscow are known.

As a result of association of the Kiev and Novgorod principalities in 882 g the Old Russian state was formed. It is conditionally possible to allocate three centers of trade business activity in Russia: Kievan Rus' (862-1237gg.), the Novgorod republic (1136-1478), the VladimiroSuzdalskiy principality (1239-1362) though, certainly, business and in Smolensk, Chernihiv, Pskov, Polotsk and other principalities was conducted [21. Page 24].

As N.D. Eriashvili writes, "It is difficult to imagine, but to the Russian business really more than one thousand years. It could not is undoubted Russian State for so long period to carry out the tasks without the close union with the Russian business. Relying on business and a private initiative, it managed to master boundless open spaces of the country. Thanks to independent work of the Russian entrepreneurs the state received powerful economic resources" [17. Page 7].

The first Russian entrepreneurs can be considered small traders and merchants. As professor A.A. Galagan "notes business, of course, has behind the shoulders absolutely short history in comparison with history of mankind and the history of its economic activity. As the image of economic action, type and model of economic thinking and behavior, business is an attribute of development of the market relations though its first manifestations, so to speak, the first sprouts and escapes were designated and were noted already in an extreme antiquity. The first field, on

which these sprouts rose up, ripened and yielded a plentiful harvest, there was a trade which at the same time is both a prerequisite, and a condition of trade business" [9. Page 17].

It is known that caravan trade was the very first type of trade. And over domestic trade foreign trade prevailed.

The first norms of the enterprise (trade) right contained in contracts of Russia with Byzantium (911, 944, 971). For example, rules of registration of separate goods were established "dragged" [15. Page 44].

As G.B. Mirzoyev, the enterprise right - a synonym of the city right because growth of business promoted the eminence of the cities where there were first legal acts in protection of business stimulating its development notes. Ancient Russia was called "the country of the cities". At the prince Vladimir them was 25, before invasion of the Horde - 271, at Ivan the Terrible - 715, at the tsar Alexey Mikhaylovich - 923. The cities were a business stronghold, transactions were made here, contracts were signed, from there was a tradition of fair trade. Merchants and businessmen in Russia were not allocated in separate estate, all population groups, including princes and boyars took part in business activity.

One of the most ancient sources of the enterprise right is the Russian Truth - an ancient monument of secular written law of Russia of the X-XIII centuries. The Russian truth set legal customs and the judicial practice governing such relations as violation of the property rights, the debt relations, inheritance, etc. Subjects of the Russian Truth are natural persons. Its norms protect a movable and immovable private property, regulate an order of transfer it by inheritance, according to obligations and under contracts.

According to the historian V.O. Klyuchevsky, legal regulation of business played an important role in formation of the rights of the personality. Convinces of it the first code of laws "Russian Truth" where with a big legal subtlety difficult concepts of civil circulation and the right were developed, the reliable system of protection of the businessman was built [18].

The occupational legislation had considerable impact on the Old Russian right. In the period of board of the Golden Horde the Great Yassa Genghis Khan (1206) containing norms of common and criminal law was a source of law. For example, on "Genghis Khan's yassa" the mode of protection of trade ways, the directions, post paths was set. Later the enterprise relations of ancient Russia came under influence of sources of law of Grand Duchy of Lithuania (the first statute of Grand Duchy of Lithuania (1529), the second and third Lithuanian statutes).

The XII-XV century is the period of feudal fragmentation of Russia. Among a large number of large and small specific principalities a specific place was held by the Novgorod republic. In Novgorod business owners - merchants - were the most influential group of urban population. They

were divided into hundreds and also made the companies and artels. Besides there was directions separation of merchants (merchants overseas or @-zovsky), to trade objects (merchants of a prasola, sukonnik, hlebnik, Rybnik, etc.). The highest category of the Novgorod merchants was made by merchant society at St. John the Forerunner's church. According to the constituent diploma of this society, "who wants to invest in merchants Ivanovskoye, has to hand over an introductory contribution of 50 hryvnias of silver". [12. Page 57]

During the considered period the legislative collections which appeared in the 15th century were important: Novgorod and Pskov judgment diplomas. From the Novgorod judgment diploma the fragment giving an idea of judicial system and legal proceedings remained. The Pskov judgment diploma (1467) consisted of 120 articles. In comparison with the Russian Truth in it the civil relations and institutes, liability law, judicial law are more in details regulated, some types of political and high treasons are considered. [11. Page 32]

In the XV-XVII centuries the enterprise relations begin to be governed by special norms: various diplomas, codes of laws. The written contract becomes widespread. In compliance with the Code of laws of 1497 the notarial (serf) form of transactions becomes effective. In 1649 the Cathedral Code representing codification of primary branches of the legislation was accepted. Emergence of this important document was preceded by social and political tension. Another Moscow revolt of 1648 which ended with convocation in July, 1648 became the critical moment. Territorial Cathedral where the commission for preparation of the Code was created. In January, 1649 the commission headed by the prince

The document was approved and signed by N.O. Odoevsky, and then, for the first time in the history of Russia, printed.

The customs charter of 1653 and the New trade charter of 1667 granted to trade people of the posad the right of free trade. At the same time new administrative and financial duties were assigned to merchants.

With the advent of trade business the special role is got by the state which tries to order trade activity and to gain from it maximum benefit. Origin and development of business in Russia entirely depended on public policy. Many historians note a tendency to the strong administrative authority with existence of a large number of officials who often used the situation for own enrichment. Here, for example, as A.A. Galagan describes position of merchants in the 17th century: "Having brought closer to itself a handful of merchants of the highest echelon, the government in essence gave trade lyud to the full order of an official host (voivodes, mandative people, solicitors and so forth) which "was openly fed" at his expense. Complaints to oppressions, constant requisitions, mockeries from outside "fed" - nearly the most widespread motive of office documents of that time". [9. Page 33]

In the Russian history there were both favorable, and adverse periods for business. So, at the time of Ivan the Terrible the merchants held a piteous state as the states were staked on foreign merchants. Such relation of the state to one of the most important criteria of economic wellbeing revolted foreigners. "It seems to me, - the Swedish consul Kilburger in 1674, - wrote that Lord for the inscrutable reasons hides still it from a concept of Russians and does not show them benefits which the earth has them for an institution of external trade". [14. Page 111]

During the reign of Peter I the standardization of the Russian legislation according to the European law begins. There were advanced legal forms of business activity - the companies, artels, simple associations, general partnership. The Russian entrepreneurs together with foreign shareholders create joint stock companies. Development of business activity is controlled by the state through Berg - Manufactories - and the Kommertskollegiya.

As note in T.A. Gusev and N.V. Larin's research, [10. Peter I created to page 9] favorable conditions for realization of the best qualities of the Russian entrepreneurs. It is very characteristic that the most part of the Russian entrepreneurs of Peter's time, as well as during later period, was of peasant origin or posadsky people: Morozov, Ryabushinskiye, Prokhorov, Garelina, Stroganova, Demidov, Grachev, Lokalova, Gorbunova, Skvortsov and many others.

Peter I allowed "to kupetsky people to trade in

In 1698 as trade in other states: companies". It was made in order that small merchants and handicraftsmen could unite the capitals and be engaged in the industry and trade in large scales. [12. Page 158]

At Peter I in St. Petersburg the merchant meeting was created (1703) which was the first Russian exchange. In 1722, merchant guilds were founded. Bankers, notable merchants, city doctors, skippers of the merchant ships were carried to the first guild. The second guild included all dealers in petty goods and harchevny supplies and also handicraftsmen. The third category included unskilled workers and persons of wage labor. The merchants who are signed up in guilds received the serious privileges which laid the foundation for their allocation in new privileged estate. [19. Page 17]

The serious help for the Russian entrepreneurs became entered in 1724. Customs tariff. According to it the amount of duties on import goods depended on whether domestic manufacturers could satisfy requirements of domestic market. Thus, for the first time during the reign of Peter I the policy of the state protectionism for the Russian producers in modern sense began to be pursued. [15. Page 55]

Understanding importance of business activity for the state, Peter I, however, did not consider that she has to be independent and

also tried to force to carry on initiative on business violently. Position of businessmen entirely depended on will of the Russian tsar. Switching dealers to self-government as in Europe, Peter sought to take away the merchant capitals from bottomless a pocket of voivodes, mandative and military people and to send their stream to even more immense treasury.

Business in that representation which has this word now arose and created in Russia, certainly, much later. It got the most civilized forms after carrying out political and economic reforms by Peter I. Economic reforms of Peter I left an indelible mark in the history of Russia. But also earlier there were shifts in the relations to business. As G.B. Mirzo-ev considers, it is possible to claim safely that results of legal protection of business allowed Russia to pass from one level of development of the state to another, higher. [15. Page 44]

Further improvement of the legislation in the period of Catherine II (1762-1796) government actively contributed to the development of business. She cancels all possible restrictions, appears about destruction of monopolies and introduction of total freedom of trade. After publication in 1785. The appointed diploma to the cities the additional personal rights were reserved for merchants of the first and second guild, they were exempted from corporal punishments, could own large industrial and trade enterprises.

At the end of XVIII - the beginning of the 19th centuries standard regulation of country business continued. To peasants allowed to redeem certificates which granted the right for own small trade. Further the legislation allowed peasants to trade in benches, to have warehouse and to trade in wholesale.

The first half of the 19th century is characterized by a floating of the merchant capital from the sphere of circulation in production. It was promoted by legislative activity of the Russian state which regulated activity of a layer of business depending on the developing situation.

However the Government of the Russian Federation gave big support in industry development to nobility. Involvement of the nobility to business began in Peter's times. However already then it was clear that in trade the nobility will not be able to make the serious competition to the merchants which had the mobile capital and wide commercial experience. Considering it, Peter I began to acquaint the highest estate not with trade, and with industrial activity. The main activities of noblemen-businessmen were connected with cloth production, winemaking, production of tobacco, metallurgy, etc. For maintenance of a priority of the nobility in the industry the government resorts to direct protectionism. So, in 1754 the senatorial decree which allows merchants to be engaged in winemaking only in certain areas is issued

To Russia and only till that period, so far the noble plants will not be able to provide with wine the population completely. In ten years the following decree allowed to be engaged in winemaking only to noble surnames. [20. Page 72]

1800 was marked by adoption of the Charter about bankruptcies. This document regulated conducting account and accounts department by all trade people on a certain sample. In 1807 Alexander I published the manifesto "About the New Benefits Granted to Merchants, Differences, Advantages and New Ways to Distribution and Strengthening of Trade Enterprises". This manifesto allowed to organize associations for foreign trade. In 1818 the Decree which allowed to all peasants to establish factories and the plants was adopted. Since 1826 at Nicholas I under the leadership of M.M. Speransky works on drawing up the Code of laws of the Russian Empire which came into force since January 1, 1835 began. In the 30th years of the 19th age of a manufactory turn into capitalist factories which use the machine equipment. However further development of capitalist production constrained the serfdom.

Alexander II's reforms 60-70 years of the 19th century divided the history of Russia into the prereform and post-reform periods. It is possible to call the last "the Golden Age of the Russian business". With an abolition of serfdom the manifesto on February 19, 1861 peasants had a potential opportunity for occupation business. In general rates of the Russian business in the 19th century were simply amazing: from 1802 to 1881 the number of factories increased almost by 13 times, and the number of workers - more than by 8 times. [16. Page 24] Changes industry structure of business: from the industries, traditional for Russia (textile, processings of agricultural products, etc.) leadership gradually passes to mechanical engineering, metal working.

At the same time the enterprise legislation develops: in the second half of the 19th century the Craft charter, the Trade charter, the Exchange charter, the Charter about trade insolvency are adopted the Charter about the industry factory and factory. In 1895 there was a Provision on establishment of the small credit providing creation of credit, ssudnosberegatelny associations, volost banks and cash desks. In 1897 the Approximate charter of consumer cooperative societies, and in 1898 - charters of agricultural societies and associations is accepted. As marks out E.I. Lebedev, in the enterprise right the concept "legal entity" is finally formed. [13. Page 17]

By the beginning of the 20th century Russia was the agrarian-industrial country. The Russian bourgeoisie became the new class which was more and more confidently declaring. Its formation happened in various ways. It could be descendants of the peasants who became retail dealers and saved up the seed capitals, laying each kopek. Ryabushinskiye's brothers can be an example of such businessmen. Natives of Old Believers quite often occurred among enterprise surnames. For them character -

ny severe enterprise ethics, persistence, persistence, fidelity to an honest merchant word, a support on the family capital. The known enterprise surnames of Prokhorov, Morozov, Alekseev are that. In this environment there were also strong-willed persons of adventurers ready for forgery and fraud for the sake of momentary benefit. The famous banker in Russia and the railway businessman Polyakov was the author of many financial combinations. As well as the traditional Russian nobility, the bourgeoisie was the multinational, including natives of the different countries, in particular Germany (for example, the famous textile manufacturer Knop). Natives from the Caucasus, for example, brothers Mantashev were active businessmen also. [16. Page 24] businessmen patrons Left about themselves kind memory: P.M. Tretyakov who opened available opera theater S.I. Mamontov donated art gallery to Russia, gave huge amounts of money on opening of the university in Siberia A.M. Sibiryakov, etc.

In economic, historical literature the period from 1907 to 1917 is called as "the Russian miracle". At this time the community collapses, the Country bank is established, independent peasants farmers are credited by the state under low interest. Country farms demanded more and more industrial output that caused also industrial upsurge. It promoted also increase in part of society of businessmen.

For 1876-1880 up to 1913 our country had continuous active trade balance. In these conditions the Russian ruble was steady convertible currency which was highly appreciated by foreigners. From the moment of an abolition of serfdom for 1913 the industrial output increased at 10-12 times. Broad business activity allowed Russia in the second half of XIX - the beginning of the 20th centuries to make powerful industrial breakthrough and to become one of the most developed and rich states.

Legal regulation of economy became one of the priority directions of the legislation during this period. The concept of the legal entity gained development, types of legal entities were allocated: public which the treasury, departments, institutions, local governments treated, and private - connections (societies, associations) and institutions. In civil law the principle of limitlessness of the property right, freedom to dispose of it received the embodiment. For business development the fact that the principle of freedom and independence of the contract gained recognition in civil law was especially important. The parties could sign among themselves any contract which is not contradicting the legislation.

In the second half of the 19th century in Russia the development of the banking which made the powerful contribution to traditions of the Russian business began. In Russia there was a strict system of government control over monetary circulation and banks. Streamlining of enterprise business by banks, "control by ruble" behind rules create a special environment, a tone,

order. The soil for "illegal operations" as laws are gradually improved is narrowed. The state first of all supports business by "good laws" from which it should not "be protected" by illegal actions. [15. Page 85-86]

The essential role in development of business in Russia was played by certain statesmen among whom it should be noted such figures as S.Yu. Witte, P.A. Stolypin to which the Russian business is obliged by the best traditions.

During the ministerial activity S.Yu. Witte undertook a series of the reforms aimed at the accelerated industrial development of the country. Introduction of gold monetary circulation was on August 29, 1897 the most important. As a result of reform of the osudarstvenny bank became issue institution, and in Russia very tough issue law demanding a large constant supply of gold for providing the bank notes which were in circulation was established. The stable economic system was the main condition of law-abidingness of businessmen.

The agrarian reform (1906) developed by the head of the government P.A. Stolypin promoted development of agriculture by transformation of country land use to bourgeois and providing financial support to the village. It was authorized to peasants to sell agricultural grounds, through special Land bank they were granted the loans, the free order of an exit from community was proclaimed.

As shows historical experience, legal institutions of protection of business are integrally connected with the state support or, on the contrary, with restriction, constraint as the state as G.B. Mirzoyev writes "observes also own interest, creating laws". [15. Page 68] Therefore is present at quite contradictory legislation the general trend - balance of interests. Besides the state protectionism with development of business also its self-defense through the organizations developed.

Creation of a system of the representative organizations uniting business people became one of the directions. In the second half of the 19th century the industry unions of businessmen began to appear. At the end of the 19th century there are region societies of manufacturers and manufacturers. Gradually industrialists and dealers spoke in favor of creation in Russia of the uniform structure of representation of business interests similar to Chambers of Commerce and Industry in the West more and more persistently. By the end of 1905 in the conditions of the increasing instability in society the group of businessmen which gathered in St. Petersburg expressed the need of convocation of the All-Russian congress of representatives of the industry and trade. Thus, it was talked already of wider organization for protection of interests of businessmen.

The international political crisis of 1914 which led to the beginning of world war caused also crisis of the Russian business.

Revolution of 1917 led to demolition not only political system of Russia. There was a transition from mainly market methods of managing to administrative methods which basis were a strict centralization of the power and management, state regulation of economy on the planned beginnings, nationalization of a private property on means of production, nationalization of the earth. According to the Decree about the earth, the first decree of the Soviet power, the earth stopped being an object of a commodity turn. During 1918 - 1921, business was outlawed, the commodity-money relations and trade were destroyed. "the black market" where it was possible to exchange various things for products worked in the country.

Such situation resulted in economic ruin, strikes of workers, numerous country revolts and pushed the leaders of the Soviet state on carrying out the reform which received the name of the new economic policy (NEP). One of the main achievements of the New Economic Policy was revival of the commodity-money relations. Reserving dominant positions in the sphere of wholesale trade (70 - 80%), the state is considerable "released reins" in wholesale and retail (to 50%) and gave almost free rain (83.4%) to the private capital in the field of retail trade. [22. Page 138-139]

Relative freedom of business activity during this period was enshrined in the following normative legal acts: Decrees of SNK of September 7, 1920. "On regulation of cottage industry", of May 24, 1921. "About exchange", of August 9, 1921. "About carrying out in life of the beginning of the New Economic Policy"; Resolution SNK of May 3, 1927. "About the domestic industry and producers' cooperation", etc.

In 1921-1926 the new economic policy allowed to revive to separate elements of business, but already in the thirties private business was suppressed by the state. From 30th years of last century to the second half of the 80th business remained in dark oblivion. All production and the service industry turned into maintaining the state. During the Soviet period the concept "individual entrepreneur" was associated with image of the exploiter, enemy of the people. In the former USSR, business was considered as antisocial activity, and his subjects were brought to trial. As notice in the research of a phenomenon of an individual entrepreneurship of T.A. Gusev and N.V. Larin, those signs of business which were considered at corpus delicti assessment (the activities for production of goods, services for generation of profit (profit) which are carried out with involvement of labor in forms of the enterprises and organizations) were included into business definition as quite legal occupation which is regulated and protected by force of the state. [10. Page 9]

Revival of business in the Soviet Union is connected with adoption of laws of the USSR: "About individual work" from 19

November, 1986 [2], "About cooperation in the USSR" of May 26, 1988 [3], "About the general beginnings of business of citizens in the USSR" of April 2, 1991 [4]

In the early nineties Russia chooses a course towards development of the market relations, in these conditions there is sometimes a difficult and contradictory development of an individual entrepreneurship. Laws of the Russian Federation became a legal basis of formation of business in the arising market conditions: "About the enterprises and business activity" of December 25, 1990 [7], "About a registration fee from the natural persons who are engaged in business activity and an order of their registration" of December 7, 1991 [5], "About property in RSFSR" of December 24, 1990 [6]

With adoption of these laws Russia chooses a course towards development of the market relations with the elements inherent in civilized countries of the world. For revival of business it was necessary to create the corresponding economical and legal conditions. They were formed step by step, at the legislative level reforming an economic system.

It is clear, that transformation of the relations of property was the main condition. In the conditions of domination of socialist property when the state and collective-farm and cooperative ownership on means of production formed the basis of an economic system of the Soviet Union, and the state ownership was the main form of socialist property [1. Article 10, 11], about revival and development of business could not be and speeches. Business is impossible without variety of forms of ownership, and first of all private, without the market, the competition, without creation of numerous equal subjects of business activity.

The constitution of the Russian Federation recognizes 1993 and protects similarly private, state, municipal and other forms of ownership (Part 2 of Article 8). According to Part 2. Article 9 of the Constitution of the Russian Federation the earth and other natural resources in the Russian Federation can be in private, state, municipal and other forms of ownership. The right of citizens to occupation is affirmed by business activity in Article 34 of the Constitution of the Russian Federation.

However formation of a modern class of businessmen happens not in easy conditions, first of all in connection with the lost centuries-old experience of business and also insufficient legal regulation of this field of activity. Besides, it is rather difficult to break the negative public opinion which developed in socialist years about the businessman.

The list of the used sources

1. Constitutions of the USSR of October 7, 1977. Sheets of the Supreme Council USSR. 1977. No. 41. Article 617.
2. Sheets of the Supreme Council USSR. 1986. No. 47. Article 964
3. Sheets of the Supreme Council USSR. 1988. No. 22. Article 355.
4. Sheets of the Supreme Council USSR. 1991. No. 16. Article 442.
5. Sheets of the Congress of People's Deputies of the Russian Federation and Supreme Council of the Russian Federation. 1992. No. 8. Article 360.
6. Sheets of the Congress of People's Deputies RSFSR. 1990. No. 30. Article 416.
7. Sheets of the Congress of People's Deputies RSFSR. 1990. No. 30. Article 418.
8. 1000 of the Russian business. From the history of merchant childbirth. M, Contemporary. 1995.
9. A.A. Galagan Istoriya business Russian. From the merchant to the banker. M, Axis-89. 1997.
10. T.A. Guseva, N.V. Larina. Individual entrepreneur: from registration before the activity termination. Consultant plus comments of the legislation.
11. I.A. Isaev. History of state and law of Russia. Textbook. M, Yurist. 1999.
12. Yu.K. Krasnov. History of state and law in Russia. Manual. M, Russian pedagogical agency. 1997.
13. E.I. Lebedeva. Enterprise right. Textbook. M, the Higher school. 2004.
14. P.N. Milyukov. Essays on the history of the Russian culture. Part I: Population, economic, political and class system. the 7th prod. M, 1918.
15. G.B. Mirzoyev. Legal protection of business in Russia. Istorikopravova analysis. M, Law and right. UNITY. 1997.
16. V.P. Ostrovsky, A.I. Utkin. History of Russia. The 20th century. M, Bustard. 1997.
17. Enterprise right. The textbook for higher education institutions. / Under the editorship of N.M. Korshunov, N.D. Eriashvili. M, UNITY-DANA, Law and right, 2001.
18. Enterprise right. Textbook. T. 1. / Under the editorship of O.M.M. Oleynik, Yurist, 2000.
19. Russian legislation of the 10-20th centuries. In 9 t. T. 5. Legislation of the period of blossoming of absolutism. M, Legal literature. 1987.
20. P.B. Struva. Serf economy. Researches on the economic history of Russia in the 18th and 19th centuries SPb. 1913.
21. Kharkiv E.P. Istoriya of business and patronage in Russia. Manual. M, PRIOR. 1998.
22. G.P. Chernikov is a businessman - who is he? M, 1992.

Yu.I. Martynov, Yu.A. Salikov.

DEVELOPMENT of INDIVIDUAL RESOURCES of HEADS of the MODERN ENTERPRISES

Voronezh economical legal institution Voronezh state technological academy

This article is reflection of the research on the course "Individual Resources of Management" which entered the VEPI NOU IOC high school component for training of students in "personnel management". The purpose of this article is the analysis, and development of concrete measures for development of the qualities necessary for the effective head of the modern enterprise. The attempt to answer questions is made: how to define the suitability to administrative work what qualities, and in what volume are necessary to begin the way to the highest administrative work.

For achievement of this purpose the following tasks are solved:

1. Domestic and foreign experience of successful career is studied.
2. The factors promoting career development are analyzed.
Helena Marian
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