ïî
Politics and Society
12+
Journal Menu
> Issues > Rubrics > About journal > Authors > Council of editors > About the journal > Editorial board > Requirements for publication > Peer-review process > Article retraction > Ethics > Online First Pre-Publication > Copyright & Licensing Policy > Digital archiving policy > Open Access Policy > Article Processing Charge > Article Identification Policy > Plagiarism check policy
Journals in science databases
About the Journal
MAIN PAGE > Journal "Politics and Society" > Contents of Issue ¹ 06/2015
Contents of Issue ¹ 06/2015
The heritage of transformation
Nukhrikyan E.S. - Regulatory Basis of the Public Assets of Karachay and Balkaria in the Post-Reform Period (1860-s - the beginning of the XX century)

DOI:
10.7256/2454-0684.2015.6.15388

Abstract: The topic of the study are regulatory legal acts of the Russian Empire and the norms of common law in Karachay and Balkaria that comprised the basis that regulated property relations connected with the public assets, including those all-national and rural (aul), in mountain societies of Karachay and Balkaria in the post-reform period. The article investigates the relations in the field of land commerce and changes in its regulation that happened in the course of reforms in 1860-70s in mountain regions of the Northern Caucasus. Attention is paid to the issue of land ownership by village communities that first were granted the right to be the subject of property relations in the end of XIX century. It was the period of time when the traditions of common law (adat) were substituted by the legal tools of regulations in the form of regulatory documents. Methodologically the research is based on dialectic materialistic analysis of historical events and facts that allowed to examine the process of institutionalisation of village communities in Northern Caucasian mountain societies during the liberal reforms of 1860-1870s. The author notices that a certain part of the adat norms was included in the national legal framework, and the introduced regulatory innovations had positive results. Demesnial legal reforms conducted by the government in the Northern Caucasus were of evolutionary nature, which allowed to avoid social upheaval and provided the stability of the "Muslim outskirts" of the empire.
Keywords: rural (aul) society, pasture, forests, subsoil, rent, common law, redistributions, use, property, assets
Nukhrikyan E.S. - Regulatory Basis of the Public Assets of Karachay and Balkaria in the Post-Reform Period (1860-s - the beginning of the XX century) pp. 709-716

DOI:
10.7256/2454-0684.2015.6.54395

Abstract: The topic of the study are regulatory legal acts of the Russian Empire and the norms of common law in Karachay and Balkaria that comprised the basis that regulated property relations connected with the public assets, including those all-national and rural (aul), in mountain societies of Karachay and Balkaria in the post-reform period. The article investigates the relations in the field of land commerce and changes in its regulation that happened in the course of reforms in 1860-70s in mountain regions of the Northern Caucasus. Attention is paid to the issue of land ownership by village communities that first were granted the right to be the subject of property relations in the end of XIX century. It was the period of time when the traditions of common law (adat) were substituted by the legal tools of regulations in the form of regulatory documents. Methodologically the research is based on dialectic materialistic analysis of historical events and facts that allowed to examine the process of institutionalisation of village communities in Northern Caucasian mountain societies during the liberal reforms of 1860-1870s. The author notices that a certain part of the adat norms was included in the national legal framework, and the introduced regulatory innovations had positive results. Demesnial legal reforms conducted by the government in the Northern Caucasus were of evolutionary nature, which allowed to avoid social upheaval and provided the stability of the "Muslim outskirts" of the empire.
Keywords: rural (aul) society, pasture, forests, subsoil, rent, common law, redistributions, use, property, assets
Logic and cognition of political processes
Ursul A.D., Ursul T.A. - Global Revolutions in Science and Education

DOI:
10.7256/2454-0684.2015.6.15353

Abstract: The article discusses the global processes that lead to fundamental transformations in the field of science and education. Special attention is paid to the global revolution in science that begins with its pivotal globalisation and orientation on the possibilities of transition to sustainable development and consequent noospherogenesis. The article discusses the process of globalisation of education and establishment of a new type of education - a global education, that, from the authors' point of view, originated in the lectures of V. Vernadsky in Moscow University in the beginning of the last century. Pivotal revolutionary changes of global education are expected, which are vectored from its modern forms towards education for sustainable development and formation of noosphere-oriented global education. System, futurological-prognostic, noospheric and other methodological approaches of futurological research have been used, as well as comparative, evolutionary-historical and interdisciplinary general scientific approaches and methods of conceptual modelling. It is stated that on the macro-level there is a top-priority dependency of education upon the integral society, while on the micro-level there is a top-priority substantial dependency upon science. This bilateral dependency of education upon the features and characteristics of the society as a whole, from the one hand, and upon its most important part - science, on the other (which also depends on the whole) demonstrates the "double determination" of evolutionary processes in education. It is stated that education will have to not only be modernised, but also futurised, in some aspects becoming preemptive education, that efficiently paves the way to the desired global and noosphere-wise sustainable future. It is expected that the establishment and evolution of the models and types of global education will be under the supervision of a new type of global research - educational global studies as an interdisciplinary field connecting global studies and educational science.
Keywords: globalisation of education, globalisation of science, global knowledge, global education, educational global studies, global revolution, preemptive education, temporal integrity, sustainable development, futurisation of education
Ursul A.D., Ursul T.A. - Global Revolutions in Science and Education pp. 734-754

DOI:
10.7256/2454-0684.2015.6.54398

Abstract: The article discusses the global processes that lead to fundamental transformations in the field of science and education. Special attention is paid to the global revolution in science that begins with its pivotal globalisation and orientation on the possibilities of transition to sustainable development and consequent noospherogenesis. The article discusses the process of globalisation of education and establishment of a new type of education - a global education, that, from the authors' point of view, originated in the lectures of V. Vernadsky in Moscow University in the beginning of the last century. Pivotal revolutionary changes of global education are expected, which are vectored from its modern forms towards education for sustainable development and formation of noosphere-oriented global education. System, futurological-prognostic, noospheric and other methodological approaches of futurological research have been used, as well as comparative, evolutionary-historical and interdisciplinary general scientific approaches and methods of conceptual modelling. It is stated that on the macro-level there is a top-priority dependency of education upon the integral society, while on the micro-level there is a top-priority substantial dependency upon science. This bilateral dependency of education upon the features and characteristics of the society as a whole, from the one hand, and upon its most important part - science, on the other (which also depends on the whole) demonstrates the "double determination" of evolutionary processes in education. It is stated that education will have to not only be modernised, but also futurised, in some aspects becoming preemptive education, that efficiently paves the way to the desired global and noosphere-wise sustainable future. It is expected that the establishment and evolution of the models and types of global education will be under the supervision of a new type of global research - educational global studies as an interdisciplinary field connecting global studies and educational science.
Keywords: globalisation of education, globalisation of science, global knowledge, global education, educational global studies, global revolution, preemptive education, temporal integrity, sustainable development, futurisation of education
Karpova E.V. - Symbolic Images of Legal Space Perception pp. 755-762

DOI:
10.7256/2454-0684.2015.6.54399

Abstract: The cognition of law is an act of space perception. As a result of cognitive activity appears the image of space.  The cognition of the legal layer of existence creates a specific spatial image that at the same time has something in common with the images of space created by other forms of cognitive activity - mythology and religion.  In this connection we are interested in specific epistemological features and symbolic forms of an image of legal space perception, the elements of its structure, the diversity of images depending on the prevailing method of thinking of the legal system, method of legal regulation, means of representation. Universal - philosophical (epistemological analysis). General scientific - logical methods (induction, deduction, analogies, comparison). Special legal - method of comparative legal studies. The novelty of the study lies in the attempt to generalise and apply the graphical principles of art and the universal mandala symbol to the legal matter. The article formulates the notion of the general symbolic cognitive image of legal space perception and lists its elements. It also classifies the images of legal space perception based on different reasons.
Keywords: mandala, space, image, legal perception, sphere, rhizome, world tree, coordinate system, method of thinking, legal system
Karpova E.V. - Symbolic Images of Legal Space Perception

DOI:
10.7256/2454-0684.2015.6.12346

Abstract: The cognition of law is an act of space perception. As a result of cognitive activity appears the image of space.  The cognition of the legal layer of existence creates a specific spatial image that at the same time has something in common with the images of space created by other forms of cognitive activity - mythology and religion.  In this connection we are interested in specific epistemological features and symbolic forms of an image of legal space perception, the elements of its structure, the diversity of images depending on the prevailing method of thinking of the legal system, method of legal regulation, means of representation. Universal - philosophical (epistemological analysis). General scientific - logical methods (induction, deduction, analogies, comparison). Special legal - method of comparative legal studies. The novelty of the study lies in the attempt to generalise and apply the graphical principles of art and the universal mandala symbol to the legal matter. The article formulates the notion of the general symbolic cognitive image of legal space perception and lists its elements. It also classifies the images of legal space perception based on different reasons.
Keywords: mandala, space, image, legal perception, sphere, rhizome, world tree, coordinate system, method of thinking, legal system
WAR AND PEACE
Andriushin S. - Topical Issues of Establishing a Joint European Army

DOI:
10.7256/2454-0684.2015.6.15613

Abstract: The current research is dedicated to the problems of establishing a joint European army. Establishment of joint military forces has been many time proposed by various politicians since 1935, when Charles de Gaulle first suggested to consider this possibility. However, due to some historical events and the peculiarities of European integration, these suggestions were not supported by the majority of the members of the European Communities. In March 2015 the president of the European Commission - J.-C. Juncker - again stated the necessity to establish a joint European army, taking into account new security threats and lack of efficient tools of the Common Foreign and Security Policy.  The present study especially focuses on the reasons of the necessity to establish a European army, the main challenges it can face, as well as the achievements of the European Union in the field of establishment of Rapid Response Forces and common defence market. Methodologically and theoretically the study is based on the comprehensive analysis and system approach towards the examination of primary sources and various scientific works of European security experts. The scientific novelty of the research lies in studying the primary reasons for establishment of joint European army and their correlation with the processes that have been taking place in the EU Common Foreign and Security Policy for the past ten years. The main conclusions of the research are as follows: 1) despite numerous initiatives to form joint European armed forces that were proposed during different periods of European integration, this project has not been implemented due to certain reasons, the most important of which are unconditional delegation of the issues of collective security to NATO and different perception of threats by different member-states; 2) the formed European Battlegroups as a tool of European Rapid Response Forces are supposed to perform tasks within the framework of the 'soft power' concept, however, they were never used because of the problems with compatibility, standardisation, transport and financing; 3) the establishment of a European army is not in the EU agenda yet, even in the long-term. It is determined by many problems on this way, which are to be solved by the European Defence Agency, and the orientation of the EU on the 'soft power' concept.
Keywords: joint European army, European Battlegroups, Rapid Response Forces, European Defence Agency, military-industrial complex, European Union, NATO, CFSP, strategic initiatives, common defence market
Andryushin S.V. - Topical Issues of Establishing a Joint European Army pp. 763-771

DOI:
10.7256/2454-0684.2015.6.54400

Abstract: The current research is dedicated to the problems of establishing a joint European army. Establishment of joint military forces has been many time proposed by various politicians since 1935, when Charles de Gaulle first suggested to consider this possibility. However, due to some historical events and the peculiarities of European integration, these suggestions were not supported by the majority of the members of the European Communities. In March 2015 the president of the European Commission - J.-C. Juncker - again stated the necessity to establish a joint European army, taking into account new security threats and lack of efficient tools of the Common Foreign and Security Policy.  The present study especially focuses on the reasons of the necessity to establish a European army, the main challenges it can face, as well as the achievements of the European Union in the field of establishment of Rapid Response Forces and common defence market. Methodologically and theoretically the study is based on the comprehensive analysis and system approach towards the examination of primary sources and various scientific works of European security experts. The scientific novelty of the research lies in studying the primary reasons for establishment of joint European army and their correlation with the processes that have been taking place in the EU Common Foreign and Security Policy for the past ten years. The main conclusions of the research are as follows: 1) despite numerous initiatives to form joint European armed forces that were proposed during different periods of European integration, this project has not been implemented due to certain reasons, the most important of which are unconditional delegation of the issues of collective security to NATO and different perception of threats by different member-states; 2) the formed European Battlegroups as a tool of European Rapid Response Forces are supposed to perform tasks within the framework of the 'soft power' concept, however, they were never used because of the problems with compatibility, standardisation, transport and financing; 3) the establishment of a European army is not in the EU agenda yet, even in the long-term. It is determined by many problems on this way, which are to be solved by the European Defence Agency, and the orientation of the EU on the 'soft power' concept.
Keywords: joint European army, European Battlegroups, Rapid Response Forces, European Defence Agency, military-industrial complex, European Union, NATO, CFSP, strategic initiatives, common defence market
International policy
Lalek M. - The Role of the Southern Gas Corridor in Europe’s Energy Security

DOI:
10.7256/2454-0684.2015.6.15652

Abstract: The article focuses on the issue of implementation of the European strategy of ensuring the security of energy supply through pipelines. The European Union has participated in development of various alternative projects to end the Russian monopoly on energy supply.  At the moment, Azerbaijan is the only country that is capable to ensure European energy security, and Turkey is aiming to become an irreplaceable energy transition corridor in the region. The European Union assigns high priority to the supplies of hydrocarbons through pipelines from Turkmenistan, Kazakhstan, Iraq and even Iran. The article is based on a great number of works of foreign scientists, statistic data, and reports of different research institutions from all over the world. The publication of the article will allow the readers to comprehensively look at the issue of ensuring European energy security.  The main conclusions of the conducted study show that it serves the interests of the European Union to destroy the Russian monopoly and ensure the security of energy supplies through pipelines.  The publication is of interest due to the fact that the author evaluates the situation taking into account regional and international actors, as well as the balance of powers. Following this data, it is possible to see the integral picture of the future of the energy security of the European Union.
Keywords: Turkey, Azerbaijan, Russia, South Stream, Southern Gas Corridor, energy supply security, EU, Transit corridor, Shah Deniz, Baku-Tbilisi-Erzurum
Lalek M. - The Role of the Southern Gas Corridor in Europe’s Energy Security pp. 772-778

DOI:
10.7256/2454-0684.2015.6.54401

Abstract: The article focuses on the issue of implementation of the European strategy of ensuring the security of energy supply through pipelines. The European Union has participated in development of various alternative projects to end the Russian monopoly on energy supply.  At the moment, Azerbaijan is the only country that is capable to ensure European energy security, and Turkey is aiming to become an irreplaceable energy transition corridor in the region. The European Union assigns high priority to the supplies of hydrocarbons through pipelines from Turkmenistan, Kazakhstan, Iraq and even Iran. The article is based on a great number of works of foreign scientists, statistic data, and reports of different research institutions from all over the world. The publication of the article will allow the readers to comprehensively look at the issue of ensuring European energy security.  The main conclusions of the conducted study show that it serves the interests of the European Union to destroy the Russian monopoly and ensure the security of energy supplies through pipelines.  The publication is of interest due to the fact that the author evaluates the situation taking into account regional and international actors, as well as the balance of powers. Following this data, it is possible to see the integral picture of the future of the energy security of the European Union.
Keywords: Turkey, Azerbaijan, Russia, South Stream, Southern Gas Corridor, energy supply security, EU, Transit corridor, Shah Deniz, Baku-Tbilisi-Erzurum
Migration and adaptation
Ledeneva V. - Forms and Models of Social Adaptation and Integration of Migrants

DOI:
10.7256/2454-0684.2015.6.10786

Abstract: The choice of the topic of the present article is defined by the contradiction between the growing scale of conflicts between the migrants and the local population and the insufficient level of regulatory pressure on the processes of adaptation and integration of migrants by state and municipal authorities. Solving this contradiction is of high importance for the state and requires scientifically justified modernisation of migration policy regarding adaptation and integration of migrants.  The issue of adaptation and integration of migrants in a host community has not been theoretically realised to the full extent yet, the scientists have not come to a point regarding the notions of adaptation and integration of migrants by now. As a result, methodological difficulties emerge when elaborating legal regulatory mechanisms.  The author uses sociological methods (sociological surveys, expert interviews, content analysis of documents), as well as processing and analysis of empirical data (grouping, empirical classification, determinative and factor analysis), together with examination of the concepts of social environment, socio-cultural systems and migrant communities, and the processes modelling method. The scientific results constitute the elaboration of a new stage model of the migration process, differentiated by the migrant categories (a three-stage model for the returning migrants and a four-stage model for non-returning migrants).  The article formulates the criteria of the completeness of the processes of migrant adaptation and integration and defines the temporal frames of migrants' integration. The results can be used as a methodological basis for further scientific research on the issues of adaptation and integration of migrants, as well as serve as a tutorial on modernisation of migration policy for the state municipal authorities. The elaborated conceptual basic model of social integration of migrants allows to systematise adaptational resources of both migrants and social institutions that participate in the process.
Keywords: non-returning migrants, social adaptation, integration of migrants, migration processes, adaptation stages, adaptation criteria, integration models, multiculturalism, primary socialisation, estimation model
Ledeneva V.Yu. - Forms and Models of Social Adaptation and Integration of Migrants pp. 717-728

DOI:
10.7256/2454-0684.2015.6.54396

Abstract: The choice of the topic of the present article is defined by the contradiction between the growing scale of conflicts between the migrants and the local population and the insufficient level of regulatory pressure on the processes of adaptation and integration of migrants by state and municipal authorities. Solving this contradiction is of high importance for the state and requires scientifically justified modernisation of migration policy regarding adaptation and integration of migrants.  The issue of adaptation and integration of migrants in a host community has not been theoretically realised to the full extent yet, the scientists have not come to a point regarding the notions of adaptation and integration of migrants by now. As a result, methodological difficulties emerge when elaborating legal regulatory mechanisms.  The author uses sociological methods (sociological surveys, expert interviews, content analysis of documents), as well as processing and analysis of empirical data (grouping, empirical classification, determinative and factor analysis), together with examination of the concepts of social environment, socio-cultural systems and migrant communities, and the processes modelling method. The scientific results constitute the elaboration of a new stage model of the migration process, differentiated by the migrant categories (a three-stage model for the returning migrants and a four-stage model for non-returning migrants).  The article formulates the criteria of the completeness of the processes of migrant adaptation and integration and defines the temporal frames of migrants' integration. The results can be used as a methodological basis for further scientific research on the issues of adaptation and integration of migrants, as well as serve as a tutorial on modernisation of migration policy for the state municipal authorities. The elaborated conceptual basic model of social integration of migrants allows to systematise adaptational resources of both migrants and social institutions that participate in the process.
Keywords: non-returning migrants, social adaptation, integration of migrants, migration processes, adaptation stages, adaptation criteria, integration models, multiculturalism, primary socialisation, estimation model
Social studies and monitoring
Trofimova I.N. - The Dynamics of the Socio-Economic Situation of Russians during the 2014-2015 Crisis: Settlement Factor

DOI:
10.7256/2454-0684.2015.6.14828

Abstract: The article discusses the features of the socio-economic situation of Russians living in different types of settlements. The relevance of the study is justified by the growing importance of the issue of inequality, both between different strata of population, as well as between territorial communities. Particular attention is paid to the analysis of social well-being dynamics under the 2014-2015 crisis. The author examines the impact of the crisis on the public perception of the situation in the country, the situation in certain areas of life, personal prospects of citizens, potential risks and ways to adapt to them. Theoretical and methodological basis of the study is a set of provisions, reasoning the interconnection between socio-economic and territorial settlement aspects of the organisation and development of society. The main conclusion of the study is the identification of significant differences in the dynamics of socio-economic status of Russians living in different types of settlements. The negative impact of the 2014-2015 crisis to a larger extent affected people living in small and medium-sized cities, as well as in the industrial settlements, and to a lesser degree - the inhabitants of megalopolices and villages. Aligning the level of socio-economic development of territories and improving the life quality of citizens, regardless of their place of residence, is a strategic objective of public policy.
Keywords: settlement factor, settlement types, crisis, dynamics, social well-being, socio-economic status, Russian society, megalopolis, city, village
Trofimova I.N. - The Dynamics of the Socio-Economic Situation of Russians during the 2014-2015 Crisis: Settlement Factor pp. 702-708

DOI:
10.7256/2454-0684.2015.6.54394

Abstract: The article discusses the features of the socio-economic situation of Russians living in different types of settlements. The relevance of the study is justified by the growing importance of the issue of inequality, both between different strata of population, as well as between territorial communities. Particular attention is paid to the analysis of social well-being dynamics under the 2014-2015 crisis. The author examines the impact of the crisis on the public perception of the situation in the country, the situation in certain areas of life, personal prospects of citizens, potential risks and ways to adapt to them. Theoretical and methodological basis of the study is a set of provisions, reasoning the interconnection between socio-economic and territorial settlement aspects of the organisation and development of society. The main conclusion of the study is the identification of significant differences in the dynamics of socio-economic status of Russians living in different types of settlements. The negative impact of the 2014-2015 crisis to a larger extent affected people living in small and medium-sized cities, as well as in the industrial settlements, and to a lesser degree - the inhabitants of megalopolices and villages. Aligning the level of socio-economic development of territories and improving the life quality of citizens, regardless of their place of residence, is a strategic objective of public policy.
Keywords: settlement factor, settlement types, crisis, dynamics, social well-being, socio-economic status, Russian society, megalopolis, city, village
Law and human rights
Nagornaya I. - Negligent Crimes Against Life and Health in Russia and France

DOI:
10.7256/2454-0684.2015.6.15588

Abstract: The topic of the research is the influence of the character of a certain duty or a norm of behaviour on the subject's attitude towards the violation of those. Special attention is paid to the possibility that the subject realises that a violation may lead to more or less serious external changes. The article considers direct and indirect influence of a person on the result, which becomes extremely important in connection with the negligent form of guilt. The article analyses the norms of the French criminal law that demonstrate close connection between objective and subjective features which helps to create the fullest image of a negligent crime. The types of negligence according to the French law cannot be mechanically placed in the Russian realia. However, the analysis of the French experience facilitates the understanding of negligent crimes committed in the Russian Federation, and helps to get closer to the solution of certain problems of their qualification. Considering the issues of criminal liability for negligent crimes in Russia, it could be helpful to separate negligence based on its degree (severity) - namely, to simple and severe. Severe negligence takes place under violations of the duties that obviously threaten the secured values of the victim. Simple negligence is not connected with such violations, which complicates the realisation of the possible consequences that requires additional efforts. Further development can either wholly depend on the subject (in this case the connection between his action and its consequences is admitted to be direct) or be to a large extent determined by the behaviour of the third parties and other factors (in this situation, the subject influences the result only indirectly). The analysis of Russian legal precedents regarding the crimes both connected with improper performance of professional responsibilities or not, allows to distinguish typical situations that require different criminal legal evaluation. It is suggested to create a list (a catalogue) of such situations, based on the expert knowledge in different areas of professional activities. The article also separately examines the situations that do not give evidence of severe negligence, which only indirectly contribute to the result. The article raises question of impossibility of criminal prosecution in these cases. The analysis of Russian legal precedents regarding the crimes both connected with improper performance of professional duties or not, allows to distinguish typical situations that require different criminal legal evaluation. It is suggested to create a list (a catalogue) of such situations, based on the expert knowledge in different areas of professional activities. The article also separately examines the situations that do not give evidence of severe negligence, which only indirectly contribute to the result. The article raises question of impossibility of criminal prosecution in these cases.
Keywords: negligent crime, France, Russia, professional duties, judicial practice, recognition of public danger, causality, negligence, criminal liability, parental duties
Nagornaya I.I. - Negligent Crimes Against Life and Health in Russia and France pp. 779-786

DOI:
10.7256/2454-0684.2015.6.54402

Abstract: The topic of the research is the influence of the character of a certain duty or a norm of behaviour on the subject's attitude towards the violation of those. Special attention is paid to the possibility that the subject realises that a violation may lead to more or less serious external changes. The article considers direct and indirect influence of a person on the result, which becomes extremely important in connection with the negligent form of guilt. The article analyses the norms of the French criminal law that demonstrate close connection between objective and subjective features which helps to create the fullest image of a negligent crime. The types of negligence according to the French law cannot be mechanically placed in the Russian realia. However, the analysis of the French experience facilitates the understanding of negligent crimes committed in the Russian Federation, and helps to get closer to the solution of certain problems of their qualification. Considering the issues of criminal liability for negligent crimes in Russia, it could be helpful to separate negligence based on its degree (severity) - namely, to simple and severe. Severe negligence takes place under violations of the duties that obviously threaten the secured values of the victim. Simple negligence is not connected with such violations, which complicates the realisation of the possible consequences that requires additional efforts. Further development can either wholly depend on the subject (in this case the connection between his action and its consequences is admitted to be direct) or be to a large extent determined by the behaviour of the third parties and other factors (in this situation, the subject influences the result only indirectly). The analysis of Russian legal precedents regarding the crimes both connected with improper performance of professional responsibilities or not, allows to distinguish typical situations that require different criminal legal evaluation. It is suggested to create a list (a catalogue) of such situations, based on the expert knowledge in different areas of professional activities. The article also separately examines the situations that do not give evidence of severe negligence, which only indirectly contribute to the result. The article raises question of impossibility of criminal prosecution in these cases. The analysis of Russian legal precedents regarding the crimes both connected with improper performance of professional duties or not, allows to distinguish typical situations that require different criminal legal evaluation. It is suggested to create a list (a catalogue) of such situations, based on the expert knowledge in different areas of professional activities. The article also separately examines the situations that do not give evidence of severe negligence, which only indirectly contribute to the result. The article raises question of impossibility of criminal prosecution in these cases.
Keywords: negligent crime, France, Russia, professional duties, judicial practice, recognition of public danger, causality, negligence, criminal liability, parental duties
Glushchenko O.P. - The Development of the Criminal Procedure Legislation of Bringing Witnesses to Participate in Investigative Actions

DOI:
10.7256/2454-0684.2015.6.15593

Abstract: The present article conducts a retrospective analysis of the origins of the institute of witnesses in the Russian Federation. The author consistently reveals the main stages in the establishment and development of this institution. It was found out that the starting point for public involvement in the criminal proceedings at the legislative level was the 1649 Council Code, while the 1864 Charter of Criminal Proceedings can be considered to be the foundation for the development of the existing institute of witnesses. In addition, the author separately studied the provisions of the Criminal Procedure Codes of the RSFSR and the Criminal Procedure Code of the Russian Federation. In preparation for the work general scientific methods of research were applied, such as analysis, synthesis, induction, deduction, as well as special research methods, including historical, comparative legal and formal-legal. The author mainly focuses on the currently topical regulations regulating the involvement of citizens as witnesses in criminal cases. The positive and negative aspects of the adoption of the Federal Law ¹23-FL dated March 4, 2013 have been analysed. It is concluded that the activity of the witnesses is still widely ranged, due to the lack of the necessary clarifications of the new law.
Keywords: reform of the criminal process, investigative actions, institute of witnesses, participants of criminal proceedings, criminal proceedings, criminal procedural law, technical means of fixing, publicity, legislative problems, investigator
Glushchenko O.P. - The Development of the Criminal Procedure Legislation of Bringing Witnesses to Participate in Investigative Actions pp. 787-792

DOI:
10.7256/2454-0684.2015.6.54403

Abstract: The present article conducts a retrospective analysis of the origins of the institute of witnesses in the Russian Federation. The author consistently reveals the main stages in the establishment and development of this institution. It was found out that the starting point for public involvement in the criminal proceedings at the legislative level was the 1649 Council Code, while the 1864 Charter of Criminal Proceedings can be considered to be the foundation for the development of the existing institute of witnesses. In addition, the author separately studied the provisions of the Criminal Procedure Codes of the RSFSR and the Criminal Procedure Code of the Russian Federation. In preparation for the work general scientific methods of research were applied, such as analysis, synthesis, induction, deduction, as well as special research methods, including historical, comparative legal and formal-legal. The author mainly focuses on the currently topical regulations regulating the involvement of citizens as witnesses in criminal cases. The positive and negative aspects of the adoption of the Federal Law ¹23-FL dated March 4, 2013 have been analysed. It is concluded that the activity of the witnesses is still widely ranged, due to the lack of the necessary clarifications of the new law.
Keywords: reform of the criminal process, investigative actions, institute of witnesses, participants of criminal proceedings, criminal proceedings, criminal procedural law, technical means of fixing, publicity, legislative problems, investigator
Family and society
Dilekci R. - Changes in Turkish Families Amid Modernisation

DOI:
10.7256/2454-0684.2015.6.15602

Abstract: The author highlights the socio-historical path of a Turkish family, changing of gender roles in it, considering the different existing family types. Today a Turkish family is influenced by countervailing factors: values of Islamic culture and religion, on the one hand, and modernisation (including Westernisation), Western values, on the other. Although in Turkey there are as well changes in the area of marriage and family, in the matrimonial behaviour of the youth,  the Turkish family still looks unharmed, it is a great value for all generations. The article is based upon numerous works of Turkish scientists, statistical and sociological data. Publication of the article will allow the readers to find out some features of a Turkish family and get a better knowledge of the life of a Muslim "social cell". R. Dilekchi's article is of interest, since it provides information about the life of Turkish society through the prism of evaluation and functioning of a Turkish family. A Muslim family is different from a Christian family. Although the purpose of the family is similar in any culture, yet each of them has a specific gender family structure, peculiar conditions and way of life, marriage and family ideology, the nature of relations between the spouses, children and relatives.
Keywords: Turkey, Islam, modernisation, changes, society, Westernisation, modernity, tradition, family, value
Dilekchi R. - Changes in Turkish Families Amid Modernisation pp. 687-695

DOI:
10.7256/2454-0684.2015.6.54392

Abstract: The author highlights the socio-historical path of a Turkish family, changing of gender roles in it, considering the different existing family types. Today a Turkish family is influenced by countervailing factors: values of Islamic culture and religion, on the one hand, and modernisation (including Westernisation), Western values, on the other. Although in Turkey there are as well changes in the area of marriage and family, in the matrimonial behaviour of the youth,  the Turkish family still looks unharmed, it is a great value for all generations. The article is based upon numerous works of Turkish scientists, statistical and sociological data. Publication of the article will allow the readers to find out some features of a Turkish family and get a better knowledge of the life of a Muslim "social cell". R. Dilekchi's article is of interest, since it provides information about the life of Turkish society through the prism of evaluation and functioning of a Turkish family. A Muslim family is different from a Christian family. Although the purpose of the family is similar in any culture, yet each of them has a specific gender family structure, peculiar conditions and way of life, marriage and family ideology, the nature of relations between the spouses, children and relatives.
Keywords: Turkey, Islam, modernisation, changes, society, Westernisation, modernity, tradition, family, value
The dialogue of cultures
Sahin K. - Dynamics of Globalisation in the Field of Culture

DOI:
10.7256/2454-0684.2015.6.13248

Abstract: The main aim of the article is to reveal the peculiarities of the processes of globalisation in the field of culture, its main models and special features. Special attention is paid to the expansion of Western (first of all, American) culture to different regions and countries of the world, loss of traditional values and lifestyle, the national identity crisis, consolidation of material values and their prevalence over the spiritual values, as well as Americanisation of life in many countries of the world, etc.  In summary, facts and conclusions are presented that prove that cultural globalisation occurs under the dominance of Western (American) culture. However, the East, in its turn, also influences the West, so the interconnected processes of Westernisation and Easternisation are taking place. The author adhered to the complex approach and the principle of objectivity. The study relied on the method of historical-sociological analysis, as well as the logical method that imply the examination of social processes in their historical consequence and logically generalised. The author used the methods of analysis and synthesis, studying cultural aspects of globalisation both partially and as a whole. Thus, it is possible to draw a conclusion that despite the doubtless universal distribution of Western values and orientations, the Western culture has not become universal on a global scale by now. The ideas of cultural diversity are being gradually consolidated, that brings the lacking elements to the system of public values. The consolidation of the idea of cultural diversity implies the necessity for every single society to learn how to select some components from other cultures, which should not create obstacles for self-identification within the framework of the emerging collage of the elements from different cultures.
Keywords: strong-weak cultures, Easternisation, hybridisation, localisation, sub-globalisation, American cultural imperialism, global culture, globalisation, alternative globalisations, Westernisation
Shakhin K. - Dynamics of Globalisation in the Field of Culture pp. 696-701

DOI:
10.7256/2454-0684.2015.6.54393

Abstract: The main aim of the article is to reveal the peculiarities of the processes of globalisation in the field of culture, its main models and special features. Special attention is paid to the expansion of Western (first of all, American) culture to different regions and countries of the world, loss of traditional values and lifestyle, the national identity crisis, consolidation of material values and their prevalence over the spiritual values, as well as Americanisation of life in many countries of the world, etc.  In summary, facts and conclusions are presented that prove that cultural globalisation occurs under the dominance of Western (American) culture. However, the East, in its turn, also influences the West, so the interconnected processes of Westernisation and Easternisation are taking place. The author adhered to the complex approach and the principle of objectivity. The study relied on the method of historical-sociological analysis, as well as the logical method that imply the examination of social processes in their historical consequence and logically generalised. The author used the methods of analysis and synthesis, studying cultural aspects of globalisation both partially and as a whole. Thus, it is possible to draw a conclusion that despite the doubtless universal distribution of Western values and orientations, the Western culture has not become universal on a global scale by now. The ideas of cultural diversity are being gradually consolidated, that brings the lacking elements to the system of public values. The consolidation of the idea of cultural diversity implies the necessity for every single society to learn how to select some components from other cultures, which should not create obstacles for self-identification within the framework of the emerging collage of the elements from different cultures.
Keywords: strong-weak cultures, Easternisation, hybridisation, localisation, sub-globalisation, American cultural imperialism, global culture, globalisation, alternative globalisations, Westernisation
History of political thought
Karpov V.A. - Basic Trends of the Development of the Ideas of the "Rule-of-Law" Statehood in the Foreign Science and Practice in the XX - the beginning of the XXI centuries

DOI:
10.7256/2454-0684.2015.6.15489

Abstract: The topic of the research in the present article is the generalisation of some trends of the post-classical stage in the development of the concept of the "rule-of law" state in Western countries, including the development of the ideas of the "rule-of-law" statehood in the works of contemporary foreign legal experts, as well as peculiarities and problems of modern international legal confirmation of the category of a "rule-of-law" state. The analysis of the text of international documents allows to say that regarding the concept of the "rule-of law" state, there is generally no unified terminology - international acts adopt both the rule of law and the rule of legislation. At the same time, the rule of legislation is fixed in some international documents. The lack of terminological uniformity in the understanding of the concept of the "rule-of law" state in international documents does not entirely comply with the aims and objectives of the implementation of this concept into the relations between modern states on the international level. In this connection, the principle of the rule of law is of higher priority. Contemporary western legal studies has been showing a trend that negatively impacts the condition of scientific elaboration of the doctrine of the "rule-of law" state - namely, the number of works on fundamental problems of constitutional law is decreasing. The methodological basis of the research is comprised by the fundamental provisions of the theory of state and law, comparative analysis of the research principles of different schools and approaches, the method of the analysis of publications existing in this field, traditional scientific methods (deduction, induction, system approach, comparative method, etc.), as well as special scientific methods: historical and formal legal. The article draws a conclusion about the necessity to realise the difference of matrixes of the "rule-of-law" statehood existing in modern multipolar world, to compare their advantages and disadvantages, to determine the future-oriented ways of the development of the concept of the "rule-of law" state, taking into account the changing realia of contemporary world and real practical experience of establishing the "rule-of law" state in different countries. The concept of the "rule-of law" state can and should be transformed by the legal science and practice of every state in compliance with the peculiarities of its state and legal model, traditions of statehood, the objective level of the national legal consciousness  and civil society. The principle of evolutionary organic establishment of the "rule-of-law" statehood based on the national legal traditions should be admitted to be the governing principle in the new millennium.
Keywords: "rule-of-law" state, evolution of the "rule-of-law" statehood, foreign countries, international legal confirmation, categories of the "rule-of-law" state, rule of law, reel of legislation, international documents, political pluralism, guarantees of the parties
Karpov V.A. - Basic Trends of the Development of the Ideas of the "Rule-of-Law" Statehood in the Foreign Science and Practice in the XX - the beginning of the XXI centuries pp. 793-799

DOI:
10.7256/2454-0684.2015.6.54404

Abstract: The topic of the research in the present article is the generalisation of some trends of the post-classical stage in the development of the concept of the "rule-of law" state in Western countries, including the development of the ideas of the "rule-of-law" statehood in the works of contemporary foreign legal experts, as well as peculiarities and problems of modern international legal confirmation of the category of a "rule-of-law" state. The analysis of the text of international documents allows to say that regarding the concept of the "rule-of law" state, there is generally no unified terminology - international acts adopt both the rule of law and the rule of legislation. At the same time, the rule of legislation is fixed in some international documents. The lack of terminological uniformity in the understanding of the concept of the "rule-of law" state in international documents does not entirely comply with the aims and objectives of the implementation of this concept into the relations between modern states on the international level. In this connection, the principle of the rule of law is of higher priority. Contemporary western legal studies has been showing a trend that negatively impacts the condition of scientific elaboration of the doctrine of the "rule-of law" state - namely, the number of works on fundamental problems of constitutional law is decreasing. The methodological basis of the research is comprised by the fundamental provisions of the theory of state and law, comparative analysis of the research principles of different schools and approaches, the method of the analysis of publications existing in this field, traditional scientific methods (deduction, induction, system approach, comparative method, etc.), as well as special scientific methods: historical and formal legal. The article draws a conclusion about the necessity to realise the difference of matrixes of the "rule-of-law" statehood existing in modern multipolar world, to compare their advantages and disadvantages, to determine the future-oriented ways of the development of the concept of the "rule-of law" state, taking into account the changing realia of contemporary world and real practical experience of establishing the "rule-of law" state in different countries. The concept of the "rule-of law" state can and should be transformed by the legal science and practice of every state in compliance with the peculiarities of its state and legal model, traditions of statehood, the objective level of the national legal consciousness  and civil society. The principle of evolutionary organic establishment of the "rule-of-law" statehood based on the national legal traditions should be admitted to be the governing principle in the new millennium.
Keywords: "rule-of-law" state, evolution of the "rule-of-law" statehood, foreign countries, international legal confirmation, categories of the "rule-of-law" state, rule of law, reel of legislation, international documents, political pluralism, guarantees of the parties
Biblion
Dubovik O.L., Barysheva K.A. - A Review: M. Babayev, Y. Pudovochkin. The Problems of Russian Criminal Policy. Moscow: Prospekt, 2014. - 296 pp.

DOI:
10.7256/2454-0684.2015.6.15615

Abstract: The topic of the reviewed book is criminal policy, criminal legal policy, the concept of contemporary Russian criminal policy. The monograph defines the place of the criminal policy in the system of criminal legal sciences, justifies the separation of notions 'criminal policy' and 'criminal legal policy', defines the correlation between criminal law and criminal statute. The authors examine the major functions  and aims of Russian criminal policy, based on which they draw conclusions regarding its contemporary state. Relying on the conducted comprehensive study, the authors suggest the mechanisms of elaboration of a modern concept of criminal policy. The methods of the study are based on a complex of techniques and approaches, that include sociological and statistic methods, as well as general scientific and particular methods, e.g. comparative legal, historical, comparative methods, and also methods of observation, analysis, synthesis, generalisation, etc. The novelty of the book lies in the fact that it performs a comprehensive study of the notion of criminal policy and influence of different factors on its implementation; it kustifies the conclusion about the necessity to create a concept of criminal policy. The authors also examine troublesome effects of applying criminal law, which have not drawn enough attention in literature yet. The study of such negative features should be taken into consideration when elaborating and implementing any decisions in the field of criminal legal crime prevention.
Keywords: criminal policy, concept, criminal legal policy, criminal statute, data support, efficiency, criminal statistics, review, monograph, criminology
Dubovik O.L., Barysheva K.A. - A Review: M. Babayev, Y. Pudovochkin. The Problems of Russian Criminal Policy. Moscow: Prospekt, 2014. - 296 pp. pp. 729-733

DOI:
10.7256/2454-0684.2015.6.54397

Abstract: The topic of the reviewed book is criminal policy, criminal legal policy, the concept of contemporary Russian criminal policy. The monograph defines the place of the criminal policy in the system of criminal legal sciences, justifies the separation of notions 'criminal policy' and 'criminal legal policy', defines the correlation between criminal law and criminal statute. The authors examine the major functions  and aims of Russian criminal policy, based on which they draw conclusions regarding its contemporary state. Relying on the conducted comprehensive study, the authors suggest the mechanisms of elaboration of a modern concept of criminal policy. The methods of the study are based on a complex of techniques and approaches, that include sociological and statistic methods, as well as general scientific and particular methods, e.g. comparative legal, historical, comparative methods, and also methods of observation, analysis, synthesis, generalisation, etc. The novelty of the book lies in the fact that it performs a comprehensive study of the notion of criminal policy and influence of different factors on its implementation; it kustifies the conclusion about the necessity to create a concept of criminal policy. The authors also examine troublesome effects of applying criminal law, which have not drawn enough attention in literature yet. The study of such negative features should be taken into consideration when elaborating and implementing any decisions in the field of criminal legal crime prevention.
Keywords: criminal policy, concept, criminal legal policy, criminal statute, data support, efficiency, criminal statistics, review, monograph, criminology
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.