DOI: 10.7256/2454-0706.2017.11.24390

Abstract: The subject of this research is the “service” category, content and aspects of which are formulated upon the achievements of the economic and legal thought, but were not coordinated, which led to differentiated and incoherent normative regulation. Democratic transformations of the Russian state of the late 80’s and 90’s led to the strengthening of the government role in service relations. At first glance, such involvement contradicts the public law role of the state, since “service” is associated with the private sphere of relations that is based on commercial approaches. But in the Western European countries the governments actively participate in such relation on the bases of post-neoclassic theory of public services, which was adopted by the Russian legislator in formation of concepts of administrative reforms. The conclusion was formulation of an original definition of “service”, “state service” and “municipal service”, with consideration of the theory of public services and active participation of public branches of government in service relations.

DOI: 10.7256/2454-0706.2017.11.24536

Abstract: The subject of this research is the problem of genesis and disciplinary formation of the “General Theory of Law”, the appearance of which was associated with the name of the prominent German legal expert Adolf Merkel (1836-1896).  The “General Theory of Law” represented an original disciplinary version of the philosophy of positive law, on one hand contributing into the revival of the philosophy of law in form of positive law, while on the other, having attempted to eliminate the difference between positive and suprapositive law, became the “euthanasia” for the classical philosophy of law. The originality of Merkel’s position consisted in the fact that he posed a direct question about the disciplinary correlation of the philosophy of law and positive jurisprudence, suggesting the genuine explanation of the role of the philosophy of law as a “general part of jurisprudence”. Merkel’s interpretation of the aforementioned problematic was inspired by the political legal theory of his mentor Jhering. The scientific novelty is defined by the fact that this work explores the little-studied problematic of genesis and program orientation towards the “general theory of law”, which as a disciplinary form, remains topical in the area of legal study and legal consciousness. The research demonstrates that Merkel’s position that devaluated the importance of classical philosophy of law, was considerably the development of the scientific agenda of Jhering.

DOI: 10.7256/2454-0706.2017.11.24484

Abstract: The subject of this research is the verbal utterances of respondents regarding the modern Russian state examined through the quantitative method of analysis. The object of this research is the personified images of the Russian state establishing within the mass political consciousness of the citizens. The author examines the content and specificity of images of the state that form not only at the rational level of perception, but also unconscious, affected by the emotional attitude towards the problematic of the research. The images, described in accordance with the results of analysis, reflect the general representations of respondents about the modern state, its structure, specificity, and relationship with the society. The work is based on the method of incomplete sentences that allows acquiring information about an object, which forms on the rational and unconscious level of political perception. The scientific novelty, first and foremost, consists in the results of the conducted research that determines and describes the personified images of the modern Russian state establishing within the mass political consciousness. The results of analysis can be valuable in the area of political-psychological, political, legal, and sociological science.

DOI: 10.7256/2454-0706.2017.11.24715

Abstract:   The subject of this research is the topical issues of determination of the order and size of compensation for moral damage. The goal of this article consists in improving protection of the intangible benefits and personal non-property rights. The author formulates a set of measures that allow solving the issues identified in the course of the research. Particularly, in determining the order and measure of compensation for moral damage for violating the intangible benefits and personal non-property rights, the author suggests to rely upon the developed principles, additional criteria and rules. For reducing the number of violations in the information sphere, it is necessary to introduce a separate type of responsibility – the unified compensation for violating the intangible benefits and personal non-property rights (besides the compensation for moral damage). Compensation for moral damage should be divided into the two subtypes: main and qualified. The article also offers the methodology of identification and documentation of the individual peculiarities of a person and other circumstances worthy of attention in establishing the size of compensation for moral damage, as well as other suggestions of theoretical nature and practical measures. The scientific novelty of this study lies in the fact that the formulated suggestions allow revealing the content of the “circumstances worthy of attention”, solve the problem of objectification of determining the size of compensation for moral damage, as well as help minimizing the negative impact of subjectivity of the judicial discretion. The conclusions can be used for improving the conceptual apparatus and legal norm, practical application in court disputes associated with protection of the intangible benefits and personal non-property rights.  

DOI: 10.7256/2454-0706.2017.11.23518

Abstract: The subject of this research is the paradigm of political and administrative mistakes of the presidency of Mohamed Morsi in Egypt that led to his overthrow. The goal of this work consists in determination of peculiarities of the political and economic processes in Egypt, as well as analysis of the impact of ideology of the moderate Islamism upon the voters’ loyalty and success of the reforms in the area of economy and social protection of Egyptian citizens. The article also pursues the historical parallel with the other Muslim states, in which similar to Egypt, was noticed a rapid increase in popularity among the moderate Islamist leaders. The scientific novelty lies in the fact that this work is first to examine the presidency of Mohamed Morsi from a weighted perspective of the comprehensive political-historical analysis, in the course of which, special attention is given to the socioeconomic processes and expectations of the population. The key conclusion is made that only the prompt and gradual reforms are the path to a successful economic and social development of the state, while the dominant ideology can either encourage or hinder this process, rather than determine.  

DOI: 10.7256/2454-0706.2017.11.24718

Abstract: The subject of this research is the methods of foreign policy legitimation of political power in the post-Soviet de facto states. The object of this research is the foreign policy activity of the aforementioned political-territorial entities. Special attention is given to the description and analysis of the political (opening of embassies and representative establishments; creation of alternative international organizations), economic (establishment of economic ties with other countries; participation on international forums and exhibitions), as well as cultural (promotion of brand of the de facto state using the instruments of cultural diplomacy) instruments of the foreign policy legitimation. The topic at hand is insufficiently studied and of practical relevance because the political processes in the de facto states and their further institutionalization strongly affect the relations between countries within the region. The author comes to a conclusion that the presence or absence of a vast foreign diaspora produce substantial impact upon the character and scale of the foreign policy legitimation of political power in the de facto states.

DOI: 10.7256/2454-0706.2017.11.24801

Abstract: The object of this research is the institution of self-regulatory organizations in modern Russia as an instrument of managing political risks in the process of delegation of authority by the government; while the subject is the blockchain technology and the possibilities of its implementation in the process of functioning of the various institutions of modern society, particularly within the framework of operation of self-regulatory organizations. The author meticulously examines in which aspects in functioning of the self-regulatory organizations the blockchain technologies can increase their efficiency as an instrument of managing political risks in delegating authority by the government. A conclusion is made that application of the blockchain technology in terms of operation of the self-regulatory organizations can raise confidence of the citizens in the self-regulatory institution, as well as offset the political risks in delegation of authority to the self-regulatory organizations by the government. Thus, it is proven the efficiency of operation of the self-regulatory organizations as in instrument of managing political risks in delegation of authority significantly increases.

DOI: 10.7256/2454-0706.2017.11.20005

Abstract: This article describes the activity and representations of the prominent political figure P. A. Stolypin in the area of conducting reforms in the Russian Empire in the early XX century. The work examines his multifaceted approach to carrying out reforms of such level with the purpose of establishing a new type of personality that was the focus of the entire activity of the government. The author underlines the correlation between the enlightenment of the country and economic ability of its separate citizens, which in accordance with Stolypin’s opinion, plays the key role in development and establishment of civil personality and legal state. Source base of the research consists of several groups: various legislative normative documents (digest of laws of the Russian Empire and decrees of the government); speeches of P. A. Stolypin; case studies on Stolypin’s as a political figure and his reformatory activity. The works in foreign language became a separate group of sources. The article also analyzes Stolypin’s concept of state authority in the Russian Empire that leans on the particular “pillars”, which in turn, consider the historical reality of the Russian people and state. The conclusion is made about the original and multifaceted approach of the government to reforming and enlightenment of the country. The author traces an attempt of creating a new type of personality – socially active individual-proprietor, which P. A. Stolypin intended to achieve by means of the system of law and inclusion of citizens into self-government bodies.

DOI: 10.7256/2454-0706.2017.11.24287

Abstract: The subject of this research is the taxation policy of the Finance Minister V. N. Kokovtsov in 1906-1907 and the developed in the Ministry of Finance program of reforms aimed at the complex restructuring of taxation system of the Russian Empire. Based on the archive materials, the author provides a brief characteristic of the content and goals of the tax reform plan, assesses the possibilities of its implementation, as well as factors that impeded the adoption of the majority of proposed draft bills prior to the beginning of the World War I. The scientific novelty is substantiated by the use of archival documents that have not been previously introduced into the scientific discourse, which allowed making a conclusion about the common trend of the entire taxation policy of V. N. Kokovtsov in 1906-1907 towards the increase in tax revenue with the concurrent reallocation of tax burden and reducing tax responsibility for the poor population.  

DOI: 10.7256/2454-0706.2017.11.24611

Abstract: This article examines the question of drawing up the will using the alternative to notarial method under the simplified procedure. Special attention is given to the historical analysis of the last will that in the late XIX century comprised a special group of privileged will subordinate to the drafting and storage regulations. The authors conducted a comparative analysis between the conditions of the last will drawn up in the Roman Empire, and such drafted in rare circumstances in the Russian Empire in accordance with the existing legislation of the Russian Federation. The scientific novelty consists in consideration of the changes in content of the will drawn up under the simplified procedure. Having analyzed the legislation of the present judicial practice, the authors concluded that the legal regulation of the last will with certain transformation passed into the Civil Code of the Russian Federation, and at the present stage qualifies as the will drafted in rare circumstances.  

DOI: 10.7256/2454-0706.2017.11.24673

Abstract: The subject of this research is the doctrinal position of the Vatican regarding the questions of preference of the various political regimes, forms of government, and methods of exercising power. The object of this research is the Catholic Social Teaching during the pontificate of Pope Paul VI, particularly within the framework of the Second Vatican Council. Special attention is given to the so-called “liberal pivot”, noting that speaking of the drastic shift in doctrinal position of the Holy See would be incorrect, because the Council had realized the codification, rather than a change in Vatican’s position. The author concludes that the popular approach in the Western and Russian science, which suggested the consideration of the Second Vatican Council as a pivotal moment in the history of Catholic Social Teaching is inaccurate and carries within it the danger of establishing strive towards universalization of views upon the possibility of democratization of confessional movements, which becomes ever less justified in the modern world. The importance of the Second Vatican Council should be pursued in development instead of the expansion of social teaching, as well as systematization, rather than reassessment of the Church’s position.