Law and Politics - rubric Transformation of legal and political systems

Abstract: Formation and normal functioning of the modern political system presupposes not only several parties, but rather whole party systems with complicated structures and hierarchies. Complicated character of social structure and variety of possible forms of development of the society form the basis for the multi-partizan system. That is why the article is devoted to the problems related to the party formation, modernization and legal improvement of the political system of the Russian Federation, then the author analyzes of the latest changes in the legislation on political parties.

Keywords: jurisprudence, competition, fight, parties, proportionate, elector, mandate, power, modernization, vector

Abstract: Political science studies fail to defi ne election law and its evolution clearly for the period of 1993-1999, which, in turn, makes the studies of models of electoral behavior, which were formed under its infl uence, as well as under the infl uence of economic, social and demographic factors. This study is devoted to formation and stabilization of election law both at the federal and at the regional level at the stage of democratic transit, as well as to the international election standards in the condition of formation of political elite in the multi-partisan sphere. The above-mentioned matters allow the author to develop the project for political and legal responsibility of the parties and offi cials for the election campaigns in order to develop representative democracy.

Keywords: political science, electoral behavior, election law, electorate, legislation, elections, transformation, Russia, values, party.

Abstract: The article is a result of scientifi c and practical analysis of 1865 the trade activity (trade) as an object of civil law regulation. The article refl ects the key problems, which appear in the process of trade as a method of enterpreneurial activity, as well as the ways to solve them.

Keywords: jurisprudence, trade, sale, purchase, retail, enterpreneur, sale, trader, buyer, seller.

Abstract: Capital punishment is one of the oldest punishments known in the criminal law of Russia. It has been existing for many centuries and still remains a topical issue for discussion. There was a variety of approaches to its presence in criminal law at various stage of historical development of Russia.

Keywords: jurisprudence, death, punishment, capital punishment, Russia, legislation, discussion, law, 1467, Yaroslava.

Abstract: The article includes complex analysis of formation and development of the institution of regionalization of lists of candidates, as presented by the election unions in united election districts in the Russian Federation. This article refl ects the variety of approaches of legislators to the structurization of lists of candidates, while holding election campaigns to elect the deputies of the State Duma of the Russian Federation, of the legislative (representative) bodies of constituent subjects of the Russian Federation, when it was used (1993 – fi rst six months of 2010). Turning to the norms of international law and to the practice of judicial bodies and election commissions allows the author to offer the directions for the future development of the institution in question.

Keywords: jurisprudence, elections, guarantees, rights, regional groups, candidates, electors, districts, unions, effi ciency.

Abstract: In this article the author studies the civil law regulation of the relations in the sphere of paid education, including analysis of the key terms of contracts for paid education, establishes its legal nature, as well as its current state. The author analyses the Federal Law “On Education”, showing the lack of clarity in the sphere of provision of paid educative services, shows the reasons for negative attitude towards the new legislative draft on legal position of state (municipal) organizations

Keywords: jurisprudence, education, service, payment, reform, contract, compensated, paid, civil, education, regulation

Abstract: The article is devoted to the problems of formation and development of administrative justice in the neighboring foreign states in 1990s and 2000s. The author studies the key stages of formation of the administrative justice in these states, as well as practical problems of implementation of law. Taking into account the plans to form the system of administrative courts in Russia, this practice may be of interest both practically and theoretically

Keywords: jurisprudence, administrative law, administrative justice, administrative court, neighboring foreign states, administrative process, model of administrative justice, judicial code, administrative dispute, Code of Administrative Judicial Procedure

Abstract: The article is devoted to the analysis of amendments and additions, which were included into the Union Constitution of the Swiss Confederation of April 18, 1999 in late years. The author pays much attention to the procedure of full or in-part amendment and review of the Union Constitution. The author also emphasizes the key factors, which provided for the need to amend or abolish some provisions in order to exclude violations of human rights, or contradictions with the international law

Keywords: jurisprudence, constitution, Switzerland, Confederation, canton, amendment, changes, additions, referendum, initiative

Abstract: Capital punishment is recognized in China to be a complicated issue both from the ideological and the political standpoints. In the history of criminal policy of China the concepts of capital punishment, as well as theory and practice of its application are influenced by national tradition and culture. This article is devoted to the current condition and tendencies of development of the institution of capital punishment in the People’s Republic of China in order to provide its more objective and multi-faceted understanding

Keywords: jurisprudence, punishment, violation, judicial decision, execution, crime, keeping, limiting, abolishment, punishment

Abstract: The article is devoted to the analysis of the key factors, which influenced the changes in the criminal responsibility for the crimes against property from 1996 and to the current time. Much attention is paid to political, economical and social factors, which determine the changes. Keywords: jurisprudence, politics, economics, factors, property, crime, 1996, criminalizing, decriminalizing, penalizing, depenalizing

Abstract: At the current stage of development of the Russian society, one has to state that Russia still lacks the efficient multipartizan system, which could have been based on real competition of political parties, and facilitate the civil society in our state. This article is devoted to the key problems, which prevent the multipartizan system from the efficient functioning, and the author also establishes the perspectives of its development at the modern stage, analyzes the phenomenon of the “power party” and its role in the political life of modern Russia. Keywords: jurisprudence, agreement, competition, party, government, course, radical, ruling, crisis, route

Abstract: Some legislative reforms are still unfinished in Russia, and so is the federal reform. The legislative basis of federal relation is at the stage of ongoing reform from 2002 on. The paradox is that the longer the reform of state territorial structure goes on, the less order there is. The authors consider that the reason for this situation is a violation of systemic connections within the legal system of the Russian federalism, and more broadly, within the legal system of Russia as a whole. Keywords: jurisprudence, federalism, Russia, law, system, structure, legislation, Constitution, codification, norms

Abstract: This article is devoted to the problem of acceptance by the “soil” of the borrowed legal institutions in the process of legal reception. The evaluation of specific features of local people’s thinking and its inclusion into the legal reforms have certain positive effect. However, the Russian science has certain problems, which do not allow the scientists to do so. Lack of objective analysis leads to mistakes in prediction of behavior of people at the time of legal reception. Keywords: jurisprudence, law, politics, ideology, soil, thinking, East, civilization, evaluation, ignorance

Abstract: The end of XX century is characterized by the large-scale social, political and economic transformations, which took place at the global, regional and national levels. Special attention should be paid to the transformation processes at the post-communist states. Study of these processes in these states is quite interesting due to the clarity of transfer to market and democracy by borrowing Western European institutions. Keywords: political science, Eastern European states, EU, transformation, globalization, politics, economics, institution, institutionality, transfer

Abstract: The article includes detailed analysis of the role of institution of presidency in the life of modern Azerbaijan, as well as the procedure of presidential election. The author also touches upon the list of powers of the head of the state under the Constitution, his relations with the Parliament and the Cabinet of Ministers, provides detailed information on the Presidential Administration, which plays a role of the key body within the process of establishing the institution of presidency as a key element of the system of state government in Azerbaijan. Keywords: political science, President, power, Constitution, elections, legislation, impeachment, Election Code, Azerbaijan, powers

Abstract: The article is devoted to the study of evolution of public legal institution of ombudsman from a body aimed to review the activities of the officials into the national human rights protection body, which is aimed to protect human rights not only on the national level, but also on the international level under the norms of international law. The author studies some aspects of activities of the Ombudsman in some foreign states, CIS and Kazakhstan. Keywords: jurisprudence, ombudsman, protection, rights, freedoms, evolution, institute, mechanism

Abstract: It’s doubtless, that there’s need to form a modern political culture in Russia, as well as to form the social state. This article pays much attention to the key principles of international law, its socializing role. The authors also offer a possible model for the transformation of the traditional political culture, new type of interaction between the society and the state. Keywords: jurisprudence, socialization, inculturation, culture, state, politics, society, rights, standards, legislation

Abstract: This article, based on the analysis of changing economic, social, political legal and other relations in the modern Russian state, the author studies conceptual parameters of the type of modern Russian state. The author also analyzes typological tendencies of the modern Russian state based on modern approaches to its studies. Keywords: jurisprudence, state, law, Russian, Soviet, social, type, social, capitalist, modernization

Abstract: The article is devoted to tendencies of development of Russian legislation, which regulates the relations in the sphere of private law. The author provides comparative analysis of the Soviet legislation and the legislation of the Russian Federation. Keywords: jurisprudence, law, legislation, tendencies, development, private law, branch, contract, regulation

Abstract: The article is devoted to changes in role, functions and forms of activity of the modern political parties in the Russian Federation on the background of transformation of party systems, which take place all over the world. The authors analyze the experience of application of Western theoretical concepts to the Russian political parties and say that the parties cease to be key means of communications between the state and society, giving place to social movements and civil initiatives. Keywords: political science, politics, participation, civil duty, parties, process, transformation, influence, power

Abstract: The teaching of legal nihilism is a pseudoscientific theory, which is based on discriminative approach to Russian people and history, and is based upon lack of ability of Russians in the sphere of law. The author presents critical analysis of this theory. Keywords: jurisprudence, law, nihilism, science, myth, the phobia of Russians, slavery, security, understanding of law, servility

Abstract: This article is devoted to the role of geoeconomic factor within the process of transformation of the political regime in Azerbaijan. The author held a retrospective analysis of the political regime in Azerbaijan in 1918 – 1920s. The author also analyzed the systemic value of the oil factor in the formation of the political regime in the modern Azerbaijan. Keywords: political science, geoeconomics, geopolitics, Azerbaijan, oil, nabucco, democracy, authoritarian rule, the conduit pipe, regime

Abstract: This article is devoted to the problem of reception of Western law in Russia. The article includes definition of reception, with due attention paid to the ideological component, which, in turn defines goals of the reception as such. With the help of the ideological component, the author studies the problems of modern political and legal borrowings. Keywords: jurisprudence, law, ideology, donor, recipient, historical and legal, reforms, borrowings, reception, politics

Abstract: In this article the author reviews the development of advocacy in the history of China. The analysis leads to the conclusion that the careful attitude of the state to the advocate, as a representative of person, today has deep historical roots. For a long time a person, including advocate, had no procedural rights and freedoms, was a victim of the statehood. The author establishes the definition of advocate and his legal position in the pre-trial procedures under the existing criminal law, forms some offers for amendment. Keywords: jurisprudence, advocate, advocacy, representative, protection, suspect, accused, aid, history, China

Abstract: Destabilization and change of functions of the social states led to new correlation between the roles of state and market. In turn, it became one of the reasons, which established the great social consequences, which, in turn, touched upon all key parameters of human existence, such as social structure, labor, income, consuming, employment and unemployment, social protection, etc. However, the modern changes in the sphere of values are one of the key aspects of transformation of the modern societies, and are one of the forms of adaptation of modern post-Soviet societies to both the outer threats, such as globalization and modernization, and the inner threats, which are directly related to quality changes of the inner orientations and priorities of the people. Keywords: democracy, globalization, third wave, the modern society, state, transformation, value

Abstract: The article is devoted to the analysis of formation of the normative legal basis of the Republic of Bashkortostan in the sphere of childbirth and modern demographic policy in the region. The author singles out the regional peculiarities of institutionalization of demographic policy, as a specific sphere of state development. The author also establishes key tendencies and problems for dealing with demographic crisis at the regional level. Keywords: political science, demography, politics, law, formation, region, Bashkortostan, birth rate, death rate, depopulation

Abstract: This work includes analysis of political and legal solutions for the national issue at the People’s Republic of China. The author evaluates the historical stages of development of the Nation of China, as well as specific featuers of ethnic policy of the state at every one of these stages. Keywords: China, national policy, the Nation of China, ethnic policy, ethnic political processes

Abstract: Based on the analysis of the articles of the Federal Law “On the Subsurface” and the Code of the Russian Federation on Administrative Offences, the author offers specific amendments and changes into the existing legislation on administrative offences in the sphere of subsurface management. Keywords: subsurface, subsurface management, laws, administrative offences, legislation of the Russian Federation

Abstract: As the author of this article points out, the form of organization of ethnical and religious life in Russia is currently undergoing a systemic crisis. The growth of ideas of nationalism in the conditions of politization of ethnicity and religious fervor leads to conflict situations. The problems of regulation of the conflicts among different nationalities, settlement of refugees and forced migrants, easement of tension in the relationships among different ethnicities and nationalities are sharp and topical, so the stability of the Russian Federation as a whole depends on its efficient regional policy…

Abstract: Codification is a rather specific form of systematization of legislation. And it seems, that of all its kinds, only specialized codification may be applied to the legislation of the constituent subjects of the Russian Federation. This is due to the restrictions imposed by the Constitution of the Russian Federation, and its institution of division of competences of the Federation and its constituent subjects. This article by N.M. Sologub is devoted to specific features of codification in this sphere.

Abstract: The legislative process in the federal state has a number of characteristic features, and one of such features is a two level formation of legislation – on the level of the Federation, as well as on the level of its constituent subjects. The political and legislative processes in the Federation and its subjects go hand in hand and they are co-determined. This can clearly be seen taking the Russian Federation as an example. That is why the new legislation should be formed with due regard to the two-tier political processes in the federal states…

Abstract: Administrative reform, which is now going on in the Russian Federation, is not our own invention. In late XXth and early XXIth century many states in the world implemented large-scale reforms aimed to change the system of state government. This article by A.M. Lazarev is devoted to the study of such reforms, taking Great Britain as an example.

Abstract: In Russia the judicial precedent is not the source of law, however, as the author points out, the judicial practice can be regarded as a secondary, subsidiary source of law. The article includes the analysis of practice of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Court of Arbitration of the Russian federation within the framework of the above-mentioned issue.

Abstract: The attitude to the problem of federalism in the modern Russia is quite ambiguous. As the author of this article points out, there’s a clear lack of understanding of its nature in the Russian society. It seems that people fail to understand that the federalism allowed to form the Soviet State and allowed to form new Russia after the Federal Agreement of March 31, 1992…How did the development of federalism take place in the Russian Federation at the post – Soviet time, and what is the value of federalism for the Russian Federation today?

Abstract: This article by N.A. Filippova is devoted to the studies of the federal reform in Russia, which took place 2004 to 2007. Some legal scholars even qualify this important reform as a quasi-constitutional one. The change of model of separation of powers in the sphere of joint competence of the federation and its subjects somewhat repeats the conclusions of the earlier first reform, which unfortunately was not duly recognized…

Abstract: In the opinion of the authors of this article, one of key topical problems at the current stage of development in the Russian Federation is the lack of mechanisms of real participation of the municipal formation in the process of regulation of use of subsoil reserves. The municipal bodies thus fail to guarantee social, economic and ecological interests of the people living at the particular municipalities. This article is devoted to the review of above-mentioned problems.

Abstract: If one defines politics as a specific sphere of social life, then political rights and freedoms are those rights and freedoms, which allow the individuals to express themselves as free and independent participants of the political process and to take part in the political system, as part of various groups, movements, etc. Currently the definition of political rights and their correlation with the natural rights is also just as important…

Abstract: The Water Code of the Russian Federation came to force on January 1, 2007. The question to ask oneself is whether it successfully achieves its key goal: to provide for rational use of water resources by the Russian population, to ensure for compliance with the requirements of environmental law in this sphere, to introduce effective means of protection of water objects from pollution and loss. As the authors of this article point out, the analysis of the norms of the new Code, as provided in this article, shows that not all of the norms of the Water Code are sufficiently efficient…

Abstract: Having compared both Administrative Offences Codes of different epochs, the author came to the conclusion that both Codes include norms allowing to implement the right for judicial protection in its broader or narrower meaning. The author reviewed the formation of the institution of judicial challenge to the decisions on administrative offence cases, and decided that this institution is more fully developed in the current Administrative Offences Code of the Russian Federation.

Abstract: On January 19, 1833, the Emperor Nicolas 1st have announced the creation of the Code of Laws of the Russian Empire. This article is aimed to show place and role of the Code within the legal policy of the Russian state, to characterize the approach of M.M. Speransky to the formation of the Code of Laws and the procedures applied. The author also analyzes the Code of Laws as a systematization act of the Russian Empire, and shows its influence on the development of Russian legal system.

Abstract: Modern legal science tends to view election law as a sub-branch of law. The category of “election regime”, as evaluated in this article, allows to show the tendencies of Russian election law…

Abstract: As the author points out, it is now too early to speak of stable elections in Russia. That is why, it is so important to ensure the evolution and development of the civil society. What are its ways in Russia?

Abstract: The problems of the correlation of international and national law in different countries are treated ambiguously. Nevertheless, as the author of this article notes, in the constitutions and legislation of many countries, the principles and norms of international law are recognized as part of national law and preference is given to international law in case of conflict with the norms of domestic law. The article by A.V. Tsipun examines the possibilities and limits of the application of international law in the Russian Federation…

Abstract: Understanding modern international law as a constructive block of the global legal community is an ever-present conceptual topic for many German international lawyers, such as Christian Tomuschat, whose research positions, including in the context of its projection on a broader direction of universalist theories, including their latest development in the recent work of Jurgen Habermas (Jürgen Habermas), this article is largely devoted to. The interpretation of international law described in this article advocates an international public order that effectively ensures universal principles and contributes to solving global problems.

Abstract: The modern world witnesses a true outburst of activities of international courts and tribunals. There is an enormous growth of the number of international judicial bodies, and a number of cases, which are handled by them is also constantly growing. One should also mark higher intensity of judicial process. What meaning does this tendency hold for the international law and international community as a whole? What are the perspective and potential problems related to the work of international courts and tribunals?

Abstract: For a long time by now scholars and practitioners have been discussing the issue of correlation of law and state (or state and law), and their points of view differ and contradict each other. While some say that law cannot exist without a state, others consider law to be an independent phenomenon, which appears before a state does, and can function without support of a state. In this article R.G. Minniakhmetov expresses his views on this issue, provides critical analysis of a number of positions of other scholars, such as Y.V. Tikhonravov.

Abstract: Numerous applications to the Constitutional Court of the Russian Federation were devoted to avoidance of double taxation, however, the principle of avoidance of double taxation was not clearly set in any one particular decision of the Constitutional Court. This is why this issue still retains topicality, especially now, when the tax reform is going on. This article contains analysis of the practice of the Constitutional Court of the Russian Federation on the issue of double taxation.

Abstract: In late years the attitude towards public and legal appropriateness principle was reviewed, and, as it was noted, the approaches to it can be characterized as somewhat vague. In this article Y.Y. Vetyutnes presents his theory of public and legal appropriateness and its key characteristics.

Abstract: Current results and tendencies of development of the Russian Federation as a federal state clearly show that our state slowly but surely strives to achieve basic values of federalism. That is why, as the author of this article notes, it is so important to deal with the existing lack of balance in the sphere of separation of powers, to create additional legal and institutional guarantees of effective and democratic federalism, which then would adequately respond to any modern challenges. What should be done? The answer to the question if this development shall be successful really depends on the correct choice of the current state and legal policy of the Russian Federation…

Abstract: The recently celebrated centennial anniversary of the Russian parliamentarism makes us think of the future perspectives of the Russian statehood and of the fortune of the current Constitution of the Russian Federation. The article by N.M. Dobrynin is devoted to the topical problems of Russian constitutionalism and constitutional reform. The author comes to a conclusion that Russia cannot yet boast of possessing true constitutionalism, and offers some ways to improve the situation.

Abstract: Both legal coersion and legal reward have always remained natural and necessary means for the normal functioning of the legal system within any society. Legal norms, which establish responsibility of subjects may be supported by legal reward,related to due performance under legal norms. An optimal correlation of legal coersion and legal reward within the legislation of the modern Russia is an extremely important step in ensuring stability and safety of social relations.

Abstract: State registration of political parties is the pricess which as to be constantly changed and improved as the political situation in a state gets changed. Of course, experience of foreign state can prove valuable for the future improvement of the system of state registration of political parties in the Russian Federation. This article by M.A. Prok contains analysis of the relevant legislation of a number of European states, as well as of one South American state.

Abstract: As the author of this article points out, while the studies of federalism are held in various direction, there’s still no clean-cut concept at hand, and it’s hard to predict how federalism influences the further development of the state and society. Considering the existing methods to be inefficient, the author studies federalism as a political institution and establishes its structure.

Abstract: The above-mentioned Federal law establishes a specific public law status of municipal property. At the same time some norms of this law seem to limit the property rights of the municipalities. This article by A.A. Zakharov is devoted to the topical problems of public law status of the municipal property, and protection of property rights of the local municipalities in the light of implementation of the new legislative provisions. The author also analyzes possible solutions to the existing problems within the framework of the legal positions of the Constitutional Court of the Russian Federation.

Abstract: In order to understand the nature of the processes of uniting the constituent subjects of the Russian Federation, one needs to take into account the relevant criteria. As the author points out, the existing provisions allow a number of status models for the joint constituent subjects, which leads to lack of uniformity, and non-equal legal opportunities for various subjects.

Abstract: As the author points out, the criminal law of IRI is now actively studied both nationally and abroad, due to its relation to the religious law and Shari’ah and Islam as a source. That is why, its study is so topical.

Abstract: As the author of the article points out, the institutional mechanism of cooperation of various bodies, as formed by conferences and gatherings, now plays an important role in international law-making of the CIS. Due attention should be given to the Prosecution bodies. This article by L.S.Ondar includes analysis of existing CIS practice and blanks in it.

Abstract: The construction law in Germany is regarded as a separate legal branch, due to its great economic and social value. This branch of law appeared in second half of the XIX century, and is well-developed in practice, as well as in legal studies. This article by A. Rericht, M. Mandelbaum is devoted to specific features of construction law in Germany.

Abstract: This article is devoted to a specific topical issue, which is recognition of a new branch within the system of Russian law – the town-planning law.

Abstract: The strengthening of the Russian statehood, development of federal relations, and local self-government should ensure national security of the Russian Federation. There’s obvious need for the complex approach to the solution of legal, economical, social, and ethnic and political matters, in order to provide balance of interests of the Russian Federation, and this applies to the sphere of power industry as well.

Abstract: Both Russian and foreign legal scholars attempt to establish the principles of federalism, including those established in the Constitutions of various states. Most of these studies are based on state legal approach. The author attempts to study the principles of federalism as a political institution, which allows to single out the principles of federalism, which form its general and specific features.

Abstract: As the author of the article points out, generally the status of the constituent subject of the Russian Federation is defined by the Constitution of the Russian Federation and the Constitution (Ustav) of the constituent subject. However, neither the Constitution of the Russian Federation, nor the Ustav (the Basic Law) of the autonomous districts contain the norms on inclusion of the autonomous districts into the newly formed Tyumen oblast. This article is devoted to the forms of factual and legal consolidation of the Russian Federation, taking the Tyumen oblast as an example.

Abstract: Since 1978 the Chinese economy have been undergoing a reform due to the transition from the planned economy to the market economy. The Chinese model includes economical changes and the political and administrative changes, and is characterized by an objective need for these changes in compliance with the new needs and economical reality. This article is devoted to the analysis of genesis and development of such reforms up to 2007.

Abstract: Topicality of the issue of formation of the new system of state government, which would touch upon the bases of administrative and territorial division of the country, is clear. There needs to be a clear strategy for enlargement of the regions. However, such a concept does not yet exist in the Russian Federation …

Abstract: At the legislative level the status of the subject of the Russian Federation does not have its definition, although it is provided in Art. 66 of the Constitution of the Russian Federation. In the opinion of the author of this article the definition of constituent subjects shall soon be changed to avoid the lack of symmetry.

Abstract: The Constitution of the Russian Federation established the principle of equality of peoples, living in the Russian Federation, as one of key principles of federal structure of the Russian Federation. However, neither law nor legal docrine provide for unified approach to what should be regared as “peoples”. This article provides evaluation of above-mentioned problem.

Abstract: The article is devoted to the problem of reception of the Western concept of federalism. As being based on the ethnical principle, it poses a threat to the unity of the Russian Federation. However, changes in the ideology of federalism, as well as the transfer towards the legal federalism shall allow to ease the tension among the people of the constituent subjects of the Russian Federation. Keywords: jurisprudence, law, ideology, federalism, reception, imperialism, subjects, myth, ethnical, politics

Abstract: The article includes key points of view on the issues of imperial state and legal regime from the point of view of theoretical and methodological analysis. The author establishes and gives grounds for key criteria for the classification of such regimes. The author then comes to a conclusion that the criteria and the dimensions of the imderial state and legal regime in their logical union are the legal realization of principles and ideas of imperial statehood. Keywords: jurisprudence, empire, methodology, statehood, ideocracy, emperor, legitimacy, poliethnic character, pluralism, regime

Abstract: This article is devoted to specific features of post-Soviet political transformations, taking the Republic of Kazakhstan as an example. The author characterizes the key features of political power transformations of this state, as well as of the specific featuers of modern political regime. The author forecasts possible scenarios of regime transformation in the modern Kazakhstan. Keywords: political science, politics, power, regime, post-Communism, transformation, elites, actors, retraditionalization, modernization

Abstract: The study is devoted to the modern transformation process, which takes place in social, economic and political spheres of live within the context of theory of civilization development. The article includes definition of transformation, its basic periods. The author attempts to identify the historic vector of development of the new Russia through the prism of path of civilization

Keywords: political science, politics, transformation, civilization, theory, methodology, Russia, globalization, regionalization, world

Abstract: Implementing the foreign trade policy of the state, the customs bodies should support the development of the international trade turnover. Their interaction with the private subjects should be aimed onto improvement of legal customs policy, simplification of the customs procedures, based upon such matters as conventions. The balance of private and public interests in the sphere of customs should be achieved based on broader application of simplified procedure, optimization of the system of customs support and control, fighting and prevention of corruption.

Keywords: jurisprudence, politics, Federal Customs Service of the Russian Federation, bodies, subjects, state, trade, budget, payments, corruption

Abstract: The article is devoted to the topical aspect of law: regulation of relations in the sphere of medical services. The author pays attention to such spheres as self-regulating organizations, their legislative regulation, the necessity of development of mechanism of self-regulation in the sphere of medical activities.

Keywords: jurisprudence, self-regulation, medicine, quality, service, regulation, responsibility, health service, co-regulation, control

Abstract: It’s been 18 years since the moment when the unified Soviet state fell apart, and the post-Soviet states gained their political and economic independency. From the point of view of the historical process, it’s a very short span of time, but within the memory of one generation, these are great changes. Characteristics of the political systems of each of the Republics of the Central Asia depends on many political, social, economic, ethnical, spiritual and other factors. At the same time, they are united by the need to be included into the processes of globalization. The analysis of models of political systems, which are implemented by the Central Asian states, shows that modernization model is most efficient, which allows to combine the stability of state and active participation in international integration.

Keywords: political science, state, Central Asia, political system, independence of post-Soviet states, Tajikistan, Uzbekistan, Turkmenistan, Kyrgyzstan, Kazakhstan

Abstract: In the conditions of modern democracy the elections become a link between the state and the citizen. The elections allow to reform the political will of the elector into the element of state power. The conditions and the possibility for the efficient realization of the people’s rule are defined by the existing model of elections system. The key aspects of functioning, development and transformation of the British model of election system reflect not only the social and political processes, they also define the model of party system, mechanism of interaction of society and political institutions, conditions for cooperation of power and society in the changing Westminster model of democracy.

Keywords: political science, Great Britain, reform, election system, Labourist, Majoritarism, pluralism, multipartizan system, elections, party system

Abstract: In this article the article pays attention to the issue of formation of legal bases for the entrepreneurial activities in the agricultural sector of economics. Much attention is paid to historical and theoretical aspects of formation of the legislative basis of the agricultural producing complex. The article is meant for the lecturers, scientific researchers, postgraduate students, who study the legal aspects of development of entrepreneurial activity in Russia.

Keywords: jurisprudence, enterpreneurs, agriculture, enterpreneurial law, development, farmers, activities, production, legislation, legislative basis

Abstract: The article is devoted to the key directions of the migration policy of the Republic of Kazakhstan, the author analyzes the existing approaches to the regulation of the migration processes at the legislative level. Much attention is paid to the legal regulation of repatriation, legal and practical problems of realization of this migration process in Kazakhstan.

Keywords: jurisprudence, Kazakhstan, legislation, migration, demography, politics, regulation, repatriation, oralmans, experience

Abstract: This article is devoted to the studies of the institution of the alternative civil service abroad. The author analyzes a number of peculiar features of formation and historic development of this institution in a number of European, Asian states, as well as of in USA and CIS. The author analyzes the positive experience of foreign states, which may be used in the Russian Federation, where the alternative civil service was introduced comparatively recently.

Keywords: jurisprudence, issues, application, belief, faith, right to alternative legal service, foreign experience, military service, executive branch

Abstract: The article is devoted to the topical issues of existing legislation on privatization of the municipal property. The author analyzes the existing situation with the formation and application of the prognostic plan of privatization of municipal property. The author also provides ideas on improvements into the existing legislation, which are aimed to make this process more efficient.

Keywords: jurisprudence, privatization, means, ways, plan, principle, people, law, treasury, property

Abstract: This article is devoted to the studies of the institution of alternative civil service in Russia before the Revolution, in the Soviet time and in the time of late Reforms. The article includes analysis of key problems, which preclude development of this institution of this country. The author considers that the existing history of this institution allows it to take a worthy place within the legal system of the Russian Federation.

Keywords: jurisprudence, issues, use, institution, faith, beliefs, military service, alternative civil service, executive bodies, Russian Federation

Abstract: In this article the author uptakes a retrospective analysis of the international activities in the open space. The author then studies issues of the key directions of the peaceful policy in the open space, international legislation on use of open space, key issues, partnerships and global activities on discovery of the cosmic space, perspectives of international activities in this sphere.

Keywords: political science, cosmic, space, garbage, international, activity, partnership, state, territories, agreement, global

Abstract: The article includes classification of forms of protection of rights, freedoms and legal interests of children in the Russian Federation, the author analyzes the contents of such forms. As a result, the authors point out key topical issues in each of such forms of protection of the children, and offer new ways to improve them in the modern Russian state

Keywords: jurisprudence, children, rights, freedoms, interests, protection, form, bodies, organizations, organs

Abstract: Currently the sphere of migration relations in its several aspects: migration policy, migration legislation and migration streams is of much interest for analysis for a number of reasons. The aritcle includes complex approach to the problem of migration policy in Russia from these three standpoints

Keywords: jurisprudence, migration, politics, law, legislation, responsibility, regions, crime, improvement, foreigners

Abstract: Formation and normal functioning of a modern political system presupposes existence of not only several parties, but rather of whole party systems with complicated structures and hierarchies. The complicated nature of the social structure, as well as variety of options related to party formation, modernization and legal improvement of the political system of the Russian Federation, then the author analyzes the key changes in the legislation on political parties.

Keywords: jurisprudence, competition, fight, parties, proportionate, elector, mandate, power, modernization, vector

Abstract: The article is devoted to the legislative evolution of goals of child adoption throughout various historical periods up to the modern time. Much attention is paid to the goals of adoption in the common law states, such as the USA, the GB, Australia, where currently adoption is a priority form for the children left without care of parents. The need to clearly establish the goals for adoption would allow to include new types of adoption, serving the best interests of children. The key change in modern legislation on adoption is that it’s now a “child-oriented” process, and it serves as means to find a family for a child, not a child for a family.

Keywords: jurisprudence, goals of adoption, inheriting the property, support and development of relative families, exploitation adoption, de-facto charity adoption, children born out of wedlock, “pregnancy boom”, well-being of a child, adoption of children, left without care of their parents

Abstract: This article is a review on the book “Responsible business: self-governance and law in transnational economic transactions” Ed. Olaf Dilling, Martin Heiberg and Gerd Winter. The publication fills the gap, caused by lack of legal studies in the sphere of self-governance of transnational economic events. The authors attentively study the structures, which gave birth to this matter, and the “non-written” laws related to it, taking the “social role” of self-governance in international protection of environment. Much attention is paid to relations between non-written laws of private sector of economics and formal laws of states and international regimes.

Keywords: jurisprudence, ecology, legislation, between-the-laws, self-governance, globalization, transnational character, business, responsibility, regulation

Abstract: The article includes analysis of correlation between the legal policy and the systematization of legislation along with the evolution of society and law. The author shows variety of interactions of legislative system with various factors, which in turn infl uence the evolution of law. The author then draws a conclusion on relative practical application of forms of systematization. Their implementation largely depends on historical peculiarities of legal systems. So in various states and historical situations similar goals of legal regulation may be attained by various legal means, as well as by various form for brining legislation into the system. At the same time the global legal system now includes all types of systematization of legislation, as expressed in legal policy.

Keywords: jurisprudence, legal policy, systematization of legislation, consolidation, codifi cation, evolution of law, understanding of law, electronic form of law, levels of law, legal regulation.

Abstract: The article is devoted to issues of improvement of election law, as the branch of law, which aims to protect the powers of the ruling class, as well as of the political class. The author shows the key tendencies and contradictions between the previously chosen legal format of organization and holding of elections and social and political practice.

Keywords: political science, election law, election process, ruling class, political class, political parties, Parliament, elections, election system, electorate.

Abstract: This article is devoted to the topical issue of formation of migration policy and improvement of legislation in this sphere. It is noted that the current situation in the sphere of management of migration processes calls for a complex of measures in order to modernize these processes. In the author’s point of view one of such means may be a new Federal Law, which was passed in May 2010, which provides for peculiarities of legal regulation of labor activities of foreign citizens, who are highly qualified professionals, as well as of foreign citizens, who arrived to Russia in non-visa order and work for physical persons. The author emphasizes the topicality of mechanisms of improvement of regulation of protection of the national labor market from excessive use of foreign work force in the modern situation.

Keywords: Politologiya, migratsionnaya politika, migratsionnyi uchet, razreshenie na rabotu, trudovaya migratsiya, kvota, vysokokvalifitsirovannyi, patent

DOI: 10.7256/2454-0706.2013.7.8888

Abstract: The article is devoted to one of the topical problems of the Russian testament law, that is to the acceptability of the joint testament in the Russian civil law. The analysis of the object of studies allows to widen the scope of understanding on the form of testaments. The institution of joint testament in Russia has some perspectives for the development. The scientific disputes of the civilists do not provide an unified response to this issue. Most legal scholars refer to the positive experience of foreign states, which allow more space for the implementation of the last will of the testator. Much attention is paid to the case when a regular testament would not correspond to the will of the spouses. Comparative studies allow to single out legal approaches and legislative regulation, which should be carefully worked through. It is important to provide due consideration to the balance of interests of late and surviving spouses. The author comes to a conclusion on the need to amend the current legislation on testaments.

Keywords: joint testament, testament, inheritance, making testament, heritor, testator, making testament, testament of spouses, invalidity of testament, testament law

DOI: 10.7256/2454-0706.2017.1.10159

Abstract: This article is dedicated to the examination of key directions of influence of the Constitution of the Russian Federation upon development of the constitutional-legal institutions and conflict of laws, the formation of which as a new branch is suggested on the basis of constitutional norms. The author highlights two vectors of influence of the Constitution of the Russian Federation upon development of the constitutional-legal institutions at the present stage: positive influence, which manifests in the constitutional definition of directions of development of the constitutional-legal institutions based on the principles established in the Constitution of the Russian Federation; as well as insufficient influence, which implies a negative aspect – contradiction with the Constitution law of the Russian Federation. The article systematizes the constitutional regulators, which serve as the basis for formation of the conflict of laws: constitutional norms that guarantee federal conflict of laws, ways of resolution of the collisions; constitutional principles of the conflict of laws; constitutional presumption of legal regulation of the mechanisms of prevention and elimination of violations of the Constitution of the Russian Federation. The author formulates the subject, institutions, method, and sources of the conflict of laws as a model branch, as well as suggests the stages of its establishment.

Keywords: Conflict of laws method, Institutions of conflict of laws, Subject of conflict of laws, Constitutional presumptions, Constitutional principles, Resolution of collisions, Collision, Conflict of laws, Constitutional law, Constitution

DOI: 10.7256/2454-0706.2017.7.18381

Abstract: The subject of this research is the Russian political system. The object of this research is the determination of essence of the Russian political system associated with the choice of state legal modernization project. Due to the early established tradition, understanding and acknowledgement of originality of the Russian political world, genesis, and specificity of the own and adjusted sources, distinct metaphysics of political relations and ways of their regulation, suggests reference to the question of typification of the Russian political system, as well as identification of its place within the currently existing typologies. The main conclusion of this work lies in indicating the typological peculiarities of the modern Russian political system under the conditions of establishment of the new European political legal order. The typological characteristic of the current Russian political system alongside the content and result of the political convergence and globalization processes are defined by several phenomena: gradual deformation of multiple Soviet, and later liberal political, legal, and ethical norms, institutions, and values; consolidation of position on the so-called immanent of the history of Russian State and society “lack of own traditions of democratic political thinking” aligned with the neglecting of the national spiritual values; orientation of the ruling elites towards the certain “universal” political institutions and values, transnational ideas, and necessity of Westernization of the Russian political life.

Keywords: national identify, integration, globalization, Russian Empire, Constitution, national political system, Russian political system, political convergence, legal system, convergence process

DOI: 10.7256/2454-0706.2018.5.26246

Abstract: The subject of this research is the evolution of sociopolitical orientations of small and medium business in the post-Soviet period. The activity of representatives of the aforementioned socioeconomic group is an essential factor of development of the market relation and establishment of the middle class, which is the foundation of civil society, as well as the guarantor of sustainability of liberal democracy in the developed democratic states. Therefore, the problem of formation of the sociopolitical orientations of the Russian small and medium entrepreneurship in post-Soviet time is relevant. The main conclusion consists in the fact that the representatives of small and medium business of 1990’s, although fragmentary, but positively overall, perceived the implemented liberal values, practically without demonstrating the paternalistic moods. At the same time, the absence of effective protection of their interests by the state encouraged the distrust in government. Throughout the 2000’s the statist trends in politics, the course towards “restoring the order” led to the shift in orientations of the small and medium business, the more positive (or neutral) apprehension of government and revival of the paternalistic moods. In addition, the entrepreneurs have demonstrated the high level of alienation from any socio-corporate forms. The evolution of sociopolitical orientation of the substantial segment of entrepreneurs is a factor that suppresses the establishment of civil society and challenges the likelihood of democratization of the Russian political system on the Western model.

Keywords: consolidation, individualism, democratization, liberal democratic reforms, values, socio-political orientations, business, state paternalism, etatism, legislation

DOI: 10.7256/2454-0706.2018.11.27975

Abstract: This article examines the legal peculiarities of investing into the Russian energy sector from the perspective of the “energy” ring member countries – China, South Korea, and Japan. The author considers the regulations of a number of key Russian laws in this sphere: on the strategic societies, subsoil, capital investments, and others; analyzes the established by them limitations for foreign investors and some ways of their circumvention. All of the aforementioned is viewed in the context of the existing investment projects of the “energy ring” states in Russia. The author leans on the subjective-objective preset of processes and occurrences. The scientific novelty lies in the comprehensive research of the question of investments into the Russian energy sector through the prism of cooperation of China, South Korea, Japan and Russia within the framework of “energy ring”. As a result, the author reaches the conclusion that foreign investment into the Russian energy sector faces a number of restrictions, which, however, are often overcomable.

Keywords: capital investment, strategic companies, TEK, investment activities, Russia, Japan, South Korea, China, energy grid, foreign investors

DOI: 10.7256/2454-0706.2019.7.29922

Abstract: This article examines the questions of the force of patent law in one of the BRICS countries – Brazil, with regards to pharmaceutical products prior and after Brazil’s membership in WTO (TRIPS) in light of a number of regulatory and judicial acts and technicality in the area of healthcare, provision of population with medications, and protection of industrial property rights (Constitution of 1988, Law No. 9.279 of May 14, 1996 “On the Industrial Property”, Law No. 8.080/90 on creation of the Unified Healthcare System (SUS), Ordinance No. 3.916/98 establishing National policy on Pharmaceuticals, Government Decree No. 2.577/06 “National Program for Exceptional Medicines”, court decisions, and others). The research analyzes the issues towards free access to medications, prohibited in Brazil by patent law, since its entry to World Trade Organization, as well as the ways for their solution. The scientific novelty consists in the comprehensive analysis from the perspective of the intellectual property right of Brazil’s approaches to organizational-legal support of the development of pharmaceutical sector in the context of TRIPS agreements and necessity to ensure population’s constitutional right to health services and essential medicines. The conclusion is made that the current policy is aimed at achieving the existing prior to WTO membership balance of private and public interests via implementation of a set of compensation mechanisms (negotiations on price reduction by pharmaceutical companies, obligatory licensing, introduction of the Program “National Pharmacology of Brazil”.

Keywords: patents, pharmaceutical companies, pharmacology, health care, Brazil, BRICS, patented drugs, TRIPS, Popular Pharmacy, compulsory licensing

DOI: 10.7256/2454-0706.2020.6.32958

Abstract: The subject of this research is the analysis of mechanisms of compensation for property damages causes by commission of a crime that are implemented in foreign legal systems. The object of this research is the texts of normative legal acts, case law materials from a number of European and Asian countries, as well as legal research on the topic. Familiarization with foreign experience of compensation for crime damages can present interest for Russian researchers, and serve as the basis for developing substantiated empirical recommendations on improvements to the system of current Russian legislation. The author determined a number of common development trends of the mechanisms of compensation of damages to the victims of crimes in foreign law. Among these trends are the recognition of the need to strengthen protection of the rights of victims; creation of several alternative mechanisms of compensation for criminal damages, with the choice left to the actual victim; creation of public compensation funds, intended to ensure reparation of the violated rights of citizens in cases where crime was unsolved or property of the criminal was insufficient to fully compensate damages incurred by the victim.

Keywords: Germany, UK, comparative law, victim of crime, crime, harm, France, China, India, Japan

DOI: 10.7256/2454-0706.2022.10.39022

Abstract: The subject of this paper’s research is the peculiarities of legal regulation and development of the e-commerce market during the COVID-19 pandemic. The author examines in detail the concept of "e-commerce," which is understood as an economic sphere that combines trade and financial transactions that are carried out through contactless interaction of the parties involved. The article also analyzes the system of legal regulation of the e-commerce market and identifies trends for further improvement. Particular attention is paid to the impact of the pandemic on civil law turnover, resulting in the e-commerce market becoming the dominant commodity exchange in the Russian Federation. The study provides statistics on commodity exchange on online platforms for 2021–2022, which has grown significantly compared to previous years. The author’s main conclusions are that the COVID-19 pandemic accelerated the processes of digitalization in all spheres of public life, as a result of which trade and financial transactions, for the most part, began to be carried out via the Internet and laid the foundation of the digital economy; to date, electronic commerce has become predominant, but is not devoid of shortcomings of legal regulation; trends of strengthening digital transformation are aimed at delineating the legal status and responsibility of participants in trade ("marketplace," "online store," etc.), expanding the list of types of digital assets and determining their legal regime (account, etc.).

Keywords: marketplace, aggregator owner, digital rights, civil relations, digital transformation, e-commerce, COVID-19, civil law turnover, digital economy, digital assets

DOI: 10.7256/2454-0706.2023.7.40529

Abstract: Political renewal and international integration are two strategic tasks, two issues with reciprocal dialectical relationship, promote each other in the process of realizing the common goal of building and developing the country according to the socialist orientation in Vietnam. The purpose of the article is to clarify the relationship between political reform and international integration in Vietnam over the past time. Highlight achievements in the process of political reform and international integration in Vietnam; thereby presenting the problem that Vietnam faces in resolving the relationship between political reform and international integration today. Based on the analyzed results, solutions are proposed for resolving the relationship between political reform and international integration in Vietnam, including meeting the requirements of ensuring political stability in Vietnam in the coming period according to the 13th Congress of the Communist Party of Vietnam. The relationship between political innovation and international integration is a dialectical one; is a major relationship that needs to be addressed synchronously and systematically in Vietnam. With the achievements of the Doi Moi in the process of political reform and international integration over the past time, it has been confirmed that the leadership line of the Communist Party of Vietnam is correct and suitable for the times. In the coming period, Vietnam will continue to offer solutions to enhance its position in the international arena, creating new positions and forces for this country.

Keywords: Doi Moi, 13th Congress, Political, political stability, international relations, settlement of relations, political system, Communist Party of Vietnam, Integration, problem

DOI: 10.7256/2454-0706.2024.1.69692

Abstract: The constant development of digital technologies and artificial intelligence and their introduction into education is mandatory for most leading universities in Russia and abroad, since technologies based on artificial intelligence (for example, neural networks, machine learning, etc.) give a new impetus to the development of universities and educational institutions. At the same time, both in Russia and abroad, the risks are recognized (the use of a large amount of educational content and materials has created a high demand for compliance with intellectual property rights), and the benefits (personalization of learning, improving the effectiveness of the education system) from the introduction of AI in education. At the same time, there is an urgent need for scientific understanding and analysis of legal approaches to regulating the work of neural networks and generative artificial intelligence in the context of scientific texts created by them/with its help from the perspective of the possibilities of solving the problem of trust in such results and the use of AI in education, while simultaneously assessing the pros and cons of AI support provided to people and participants in educational relations in particular taking into account the provisions of current copyright law and approaches to recognizing the authorship of AI in foreign legal systems. Such a study is conducted by the author from the standpoint of methodology, assuming a subjective and objective definition of the world, and methods of dialectics. Scientific novelty is determined by the very purpose of the research. Among other things, the identified prospects for the use of AI in education are linked by the author in writing with the help of artificial intelligence and subsequent evaluation of students' work; it is revealed that a discussion in society about the moral, ethical and pragmatically useful components of neural networks is required; a thorough analysis of the existing legal regulation of neural networks abroad and internationally to create adequate domestic regulation when developing approaches to the legislation of the Russian Federation and taking into account the need to respect the economic and technological sovereignty of the country and consolidate the moral and ethical guidelines of scientific works; development of algorithms for the operation of the Anti-Plagiarism system, which will allow separating the personal contribution of the author of a scientific text from a machine (algorithm, AI).

Keywords: content labeling, problem of trust, digitalization, copyright, neural networks, authorship, generated content, author, science, education

DOI: 10.7256/2454-0706.2013.7.8906

Abstract: Formation of a rule-of-law state is aimed at protection of the rights of society and individuals in all spheres of life. The strife to achieve this goal should be a defining factor in economics. The shortcomings of anti-monopoly legislation previously did not allow to adapt competition regulation to the Russian economic reality. The article contains an opinion that in order to fight economic crime, humanization of criminal legislation should be aimed upon prevention of bad-faith competition of economic subjects, abusing their dominant positions. Since state plays an important role in Russian economy (unlike many Western states), many markets are monopolized by state or municipal enterprises, or the privatized economic subjects. Based on the analysis of the shortcomings of anti-monopoly legislation, the author proposes a way to lower the level of economic crime.

Keywords: human rights, civil society, monopolism, competition protection, economic subject, dominating position, criminal deal, cartel, privatization, politics

DOI: 10.7256/2454-0706.2018.9.24212

Abstract: The subject of this article is the state of the system of the Russian law and Russian legislation, negative impact of the erratic changes in legislation, their use and the state of security of the population. The authors studied the process of change of the legal system during the 90’s reform, identified the negative aspects in the formation of legislation: unsystematic changes in legislation, the use of "legal fiction", the examples of new legal norms resulting in a conflict of their application in practice. The assumption is made about the further expansion of the pathology of the consciousness of modern society and legal nihilism. The authors applied the methods of system-structural analysis, as well as comparison of dynamic and statistical approach for the study of legal documents. The relevance of this research lies in the fact that special attention is paid to the changing perceptions of law in the modernization of communications and Informatization of society and blurring of the lines between the mechanism of perception of humanitarian and non-humanitarian Sciences, which leads to the devaluation of the modern system of law and the growing threats to national security. The authors conclude that there is a necessity of developing a new concept of law with research studies in Humanities and technical sciences, and bringing to this issue the best specialists in the field of law, computer science and high technology.

Keywords: information, devaluation of law, legal nihilism, legal fiction, deformation of the legal system, rapid development of the law, creativity perception of law, national security, modernization, new legal concept

DOI: 10.7256/2454-0706.2018.6.26352

Abstract: The subject of this article is examination of the question of the enforcement of people’s right to self-determination through holding a referendum. From the perspective of realization of self-determination as a collective right, the referendum suits the most, as each member of the public can be heard and their combined pinion received. Within the framework of the research, the author analyzed the well-known referendums within national and international practice regarding the realization of right to self-determination, which resulted in the emergence of new sovereign states. A conclusion is made that a referendum has to match a set of criteria in order for it to be recognized by the international community as legitimate. The possibility of holding a referendum must be enshrined in national law, or obtained based on arrangement with the central state. In separate cases, referendum can be held at the initiative or under control of the international organization. The author believes that the realization of people’s right to self-determination through referendum is one of the most efficient means, as it allows obtaining the direct response of the people.

Keywords: Secession, Territorial integrity, Referendum, People's rights, People, Right of self-determination, Independence, Safeguard clause, Separatism, Recognition of States

DOI: 10.7256/2454-0706.2020.3.32351

Abstract: The subject of this research consists in the analysis of the experience of the People’s Republic of China (PRC) on reform of the system of taxation of oil and natural gas extraction, which can present significant interest for Russian executive branch and researchers in the conditions of reform of Russian natural resource legislation, as well as introduction of the excess profit tax (Article 25.4 of the Taxation Code of the Russian Federation). Moreover, this is the first Russian-language writer article on exploring the content of the new PRC law “On Resource Tax”, which will be enacted from September 1, 2020. Based on the works of Russian, American, and Chinese scholars alongside Russia’s and China’s legislations, the article employs the method of synchronized and diachronic (historical) comparison and general scientific methods (formal-logical, analysis, synthesis) for determining peculiarities of China’s approach towards execution of legal reforms. The following specificities of China’s legal reforms were determined: preliminary formulation of goals of the legislative changes at the highest levels of state government, testing of the legislative changes in the territories of separate provinces, priority of goals of national development over budget revenue, adaptation of traditions of China’s legal technique to the requirements of foreign investors. The conclusions made in this research can be of interest for lawmakers, as well as all parties interested in comparative legal studies.

Keywords: tax history, income tax, foreign investment, tax reform, China, mining, comparative law, taxation, environmental tax, natural resource payments

Abstract: Determining the form of state participation in the conclusion and execution of a state contract requires special attention when regulating relations to ensure public needs, since solving this problem directly affects ensuring the rights of all participants in public procurement. This article discusses possible options for registration of state participation in contracts, and sets out a number of proposals.

DOI: 10.7256/2454-0706.2020.10.34250

Abstract: The subject of this research is the interdisciplinary legal and computer research tools and methods. The authors substantiate the interdisciplinary (legal-computational) methodology for automated analysis and assessment of qualitative changes in legislation and law enforcement practice. Interim results of the research project that are of methodological nature and cover methodological paradigm, principles, means and methods of scientific research are provided. The formulated conclusions represent a summary of heuristic search and computational experiments carried out in the domain field of administrative tort law, as well as comprehension of the process and results of research from both, legal and computer perspectives. Explanation is given to the interdisciplinary paradigm in the indicated methodological area. Leaning on the empirical evidence and observations, the author formulates the three research principles: principle of heterogeneity of domain, principle of discreteness of legal practice, and principle of identity of the model. As the key research tools, the author substantiates and tests in computational experiments the scientific information-analytical system, mathematical and social indicators have been developed, justified and tested in computational experiments. Computer methods (knowledge modeling, natural language processing, machine learning) that ensure automation of identification and usage of indicators mate with the dogmatic method, systemic analysis and expert assessment responsible for legal interpretation of computations. The legal and computer tools are determined for identification and usage of the principal indicators. In conclusion, the author outlines a number of problems and restrictions determined in the course of the conducted research.

Keywords: artificial intelligence, machine learning, big data, digital state, administrative responsibility, optimization of law, efficiency of law, computer methods, indicators, interdisciplinary study

Abstract: In this article L.T. Chikhladze studies formation and development of local government and self-government in Georgia. Topicality of this study is obvious due to the Europe-oriented tendencies in Georgia, on one hand, and necessity to keep in mind national traditions and Soviet past of the local government and self-government in Georgia, on the other hand.

DOI: 10.7256/2454-0706.2013.6.6976

DOI: 10.7256/2454-0706.2017.1.17644

Abstract: The object of this research is the relations on reformation of the Russian civil legislation. The subject of this research is the changes introduced into the Civil Code of the Russian Federation by the Federal Law No. 42-FZ of March 8, 2015. The author carefully examines the new rules of the Code, which were created under the influence of the common law doctrines; compares the content of “parent” doctrines with the new rules of the Civil Code of the Russian Federation; analyzes the mechanisms of infiltration of the common law doctrines into the Russian legal system, one of which consists the borrowing of the corresponding legal examples from entrepreneurial contracts, concluded between the Russian and foreign economic subjects. A conclusion is made that reformation of the Russian civil law is based on not only the Western European legal examples, which as claimed in the concept of development of civil legislation, are inherent to legislation of the countries of continental Europe, but also the common law doctrine that is “alien” to the Russian legal system. The author highlights that the common law doctrines are being borrowed directly from legislation of the countries from Anglo-Saxon legal family, as well as indirectly, from the practice of implementation of such doctrines that has been established within the Russian legal system.

Keywords: Codification, Systematization of legislation, Reform of civil legislation, Harmonization of law, Civil Code of the Russian Federation, Security payment, Disclaimer, Claim, Compensation of property losses, Common law doctrines

DOI: 10.7256/2454-0706.2019.6.30023

Abstract: This article deals with two topics: the relation in social area, connecting science and practice; as well as situation and issues in the sphere of restorative justice. The author demonstrates that social action and social nature have gone through three main stages within social science: natural scientific, humanitarian and technological (the latter interpretation belongs to the author) understanding. It is also illustrated that restorative justice is formed as a type of social technology, distinguishing two plans within it – sociocultural factors and humanitarian vector. The research discusses the issues emerging in restorative justice, as well as the ways for their solution. Methodology includes target setting, situational and comparative analysis, genesis of social knowledge, typological analysis, and conceptualization. As a result, the author was able to analyze the evolution in social science of representations about social action and social nature; formulate a hypothesis that restorative justice develops as the oriented towards humanitarian values social technology; examine the related issues and ways for their solution.

Keywords: science, practice, transdisciplinarity, nature, sociality, technology, law, restorative justice, problems, knowledge

Abstract: Agrarian reform in Russia is being carried out with great difficulties and causes numerous disputes in scientific circles and among legal practitioners and politicians. In this article, the author has made an attempt, taking into account various opinions and proposals, to give an objective picture of the political and legal support of agrarian reforms at the end of the twentieth century and at the beginning of the XXI.

DOI: 10.7256/2454-0706.2013.6.6675

Abstract: This article is devoted to analysis of various kinds of administrative procedures, in the sphere of civil state service in the Russian Federation, such as job placement, examination and certification, procedure of filling the vacant position, and also promotion and disciplinary punishment.

DOI: 10.7256/2454-0706.2018.11.19235

Abstract: This article is dedicated to the analysis of regulatory and policy statutes of the Russian Federation that govern relations of the area of Russian education, as well as serve as the instruments of the modern state education policy. The author determines a number of regulatory and policy statutes such as the National Education Strategy of the Russian Federation until 2025 and the Concept of Long-term Social and Economic Development of the Russian Federation until 2020, and notes their significance in formation of new configuration of the state education policy in Russia. The author analyzes the Federal Law “On Education in the Russian Federation”, and reveals the degree of conformity to the provisions of the Constitution of the Russian Federation with regards to ensuring citizens’ right to education. Special attention is given to identification of the positive and negative aspects in the indicated documents, as well as their impact upon the state education policy in Russia. The following conclusions were made: framework character of legislation that regulate relations in the area of education; permanent reform in educational sphere conducted through declarative forms that are not always in accord with each other, and allows the state institutions to distort the state education policy as it pertains to ensuring the constitutional right of citizens to education.

Keywords: state institution, Government administration, European values, Regulatory statute, Education reform, National interest, Policy statute, State’s social mission, Bologna Process, State education policy

DOI: 10.7256/2454-0706.2018.2.25399

Abstract: The subject of this research is the electronic government of the West Germany. The article explores various initiatives (concepts, plans of development), as well as federal norms on the legislative level, which regulate many various aspects of the electronic (digital) interaction between German citizens and state and municipal authorities. The author examines the institutional framework of regulation of the e-government of the West Germany (agencies, councils), which competency consists of regulation of the various aspects of e-government, and cites the achievements in the sphere of the e-government of the West Germany, as well as the influence of the European law upon the regulation of these issues in West Germany. The novelty of this research consists in the analysis of the set of normative and program acts of federal legislation in the area of regulation of the various aspects of digital interaction of citizens with the branches of state and municipal authorities.

Keywords: concept, telecommunication means of communication, the Internet, authorities, prospects, digital interaction, E-government, development prospects, West Germany, normative act

Abstract: The issues of financing elections have gained topicality lately, and this is the reason why the author chose this topic. The relevant issues include rules related to formation and spending of election campaign budget, as well as rational spending of state funds provided for organizing elections.

Abstract: Institution of bankruptcy (insolvency) is a necessary part of market economy. It stimulates the enterpreneurs in the market, guarantees the interests of creditors and those of the state, as the basic regulating body in the market. V.B. Alexeev’s article contains critical analysis of the institution of bankruptcy (insolvency) in Russia in 1922-2001, and of economical mistakes, made in this period, privatization and redistribution of property.

DOI: 10.7256/2454-0706.2021.11.37051

Abstract: This article examines the impact of the need for maintaining physical and social distancing between people caused by the epidemiological situation upon the organizational-legal means of the Russian judicial system. This implies the concept of “smart” regulation with the use of both traditional means of legal regulation (prohibitions, permits, obligations, sanctions, incentives) and tools of psychological, educational, and information influence. At the same time, distancing is viewed as a factor that prompts changes in the forms of legal activity, as well as the result of transformations taking place in society. Such organizational-legal means affected by the need for physical and social distancing, suggest using video conferencing systems, online sessions, change in the procedure for submitting procedural and other documents, familiarization with audio protocols of court hearing and other documents in digital format, as well as restrictions for presence in the courthouse. The author determines the advantages and disadvantages of the innovations. The conclusion is made that such restrictions must be temporary only to avoid violating the principles of transparency and openness of judicial proceedings.

Keywords: legal procedure, transformation of law, COVID-19, information and communication technologies, Internet, distancing, legal activity, digitalization, smart regulation, organizational and legal means

Abstract: When participating in civil law relations, the State must comply with its own established rules, determined by the very nature of regulated relations. It cannot use its power prerogatives to arbitrarily change civil law norms in its interests or impose its will on counterparties, otherwise property turnover will not be able to function normally, and the private law form it needs will be destroyed. This article examines the specifics of state responsibility both within the framework of non-contractual relations (causing harm) and within the framework of a contract.

DOI: 10.7256/2454-0706.2018.7.26686

Abstract: This article analyzes the practice of formation of the coalition governments in Italy during the First Republic. The dynamics of interparty competition allows determining the key positions in polemics unfolded between the Italian political scientists regarding the emergence of one or another type of party system in Italy. The goal of this research lies in the identification of causes that led to the victory of the Christian Democratic Party of Italy throughout several electoral cycles until the phase transformation in the Italian political party system, followed by the crisis of partocratic regime. The article also analyzes the role of the minor political parties in the political process, which provided support to the Cristian Democrats. The presented data from sociological studies allows detecting the changes in public mood, associated implementation of the political course by the ruling parties of Italy. The author was able to identify the causes of decrease in public confidence in the Italian political parties of the First Republic period. Over time, the political powers become incapable of adequately responding to the political and socioeconomic challenges on the background of dilution of the ideological beliefs of parties caught in corruption, integration of new collective (trade unions, associations and public organizations) into the political process, as well as discussion of the issues of bioethics and proliferation of neo-conservative trends.

Keywords: First Republic, coalitions, small parties, PCI, DC, Italy, party system, reforms, trade unions, ideology

DOI: 10.7256/2454-0706.2019.5.29673

Abstract: Currently, Russian faces the challenge imposed by global transformation, transition towards “digital society”; and with each day, the role of innovations and rapid scientific and technical progress increases. Innovations become an immense part of life not only of global community, each country or economic entity, but every person as well. Innovation define the level of socioeconomic development of the state and are the cornerstone of its growth; they also become the foundation for country’s competitiveness and security on the global arena. Besides the traditional factors of economic growth and socioeconomic development of a country, the importance gains the qualitative content of growth rates, implementation of the new economic methods and production technologies in the real economic sector – business. The author applied the systemic-analytical method for studying the links and relationship between the elements of innovation system – business and the state; comparative method for determining the peculiarities of formation and realization of innovation policy in Russia, United States, and France. As of today, Russia has formed all essential elements of innovation system; both, business and the state overcome challenges imposed by the established model of the organization of cooperation – contrariety of interests and establishment of dialogue between business and the state.

Keywords: the state, business, innovation activity, cooperation, innovation policy, innovation system, innovation, state policy, national innovation system, innovation financing

DOI: 10.7256/2454-0706.2015.1.14235

Abstract: The article is shown the role of traditional institute of religion in classic and modern models spreading in political science in XX-XXI century. It is noted that in the classical modernization theory, the problem of politicization of religion has not been investigated, despite the fact that there was an extensive empirical data confirming this fact. Initially, the modernization associated with the secularization of public relations. The problem of politicization of religion becomes relevant under the "catch-up" model of modernization.It has argument that democratic reforms accompanies by the politicization of religion in West Europe and the US and later in those non-Western countries that have implemented partial modernization. Institutional factors are the political modernization of religious political parties. The biggest problem is the development of the politicization of religion was under the multiplicity of models of modernization. Emphasizes the role of traditional institutions in the modernization, such as religion and family. It is noted that the implementation of polyvariant models of modernization implies the entry level of Westernization. The article analyzes the national model of modernization, it is shown that the result of modernization transformations are often illiberal democracy. It is proved that the implementation of the national models of modernization are the fundamental principles of statism and traditionalism. Political practice shows that reliance on the "enlightened" authoritarian political elite groups and traditional institutes of religion and family are increasingly becoming the key to holding a national model of modernization. The author concludes that in the modernization of religion as a social institution is transformed and becomes part of the individual features of a political institution.

Keywords: political modernization, national model of modernization, the politicization of religion, authoritarianism, clergy, democracy, sekulyarizatsiya, institution of the family, uncertainty Principle, the principle of subsidiarity

DOI: 10.7256/2454-0706.2022.2.37511

Abstract: This article examines the place of e-government in the system of public administration. The topic's relevance is due to the universal digitalization of public relations, including the sphere of public administration. E-government is a new format of interaction between the state and society based on the use of modern information and communication technologies, which needs theoretical justification. The methods of scientific analysis and synthesis, deduction, and induction, as well as methods of description, comparison, and analysis of secondary data, are used in the work. The article reflects on the issue of the development of e-government in Russia. The object of this study is the social relations that arise during the creation and functioning of the e-government system. The author formulates the conclusion that e-government in the Russian Federation is in continuous development and is also an important tool for the development of the digital economy, which requires a revision of the digital skills of civil servants. At the moment, there is already a trend toward training personnel for digital public administration. It is revealed that in the Russian Federation, e-government, which is an important tool for the development of the digital economy, is in continuous development. There is already a tendency to transition to electronic records. To get the maximum benefit from digital transformations in public administration, a new approach to the formation of the competencies of a modern civil servant is required because the lack of the necessary level of training can serve as a serious barrier to improving the efficiency of public administration. Information technologies are dynamic and rapidly undergoing changes. As a result, the existing requirements for civil servants cease to be relevant in the period of digital transformation. The legislation of the Russian Federation defines that the requirements for the knowledge, skills, and skills of civil servants are established by official regulations. Therefore, the competence model should be adapted for each specific position, taking into account the specifics of the activities of the authority.

Keywords: Internet, information and communication technologies, scientific and technological progress, information society, public authority, digitalization, e-government, electronic state, electronic democracy, democracy

DOI: 10.7256/2454-0706.2015.1.52341

Abstract: The subject of this research is the analysis of the phenomenon of politicization of religion in the context of modernization of society. The article examines the traditional institution of religion within classic and modern theories of modernization. It reveals that within the classic theories of modernization the notion of democratization correlated with the notion of secularization, and the problem of politicization of religion did not receive a proper theoretic attention, despite the rich empirical material. Within the later model of modernization its influence on the process of politicization of religion has been substantiated. The politicization of religion is being viewed as an ambivalent process, which contains constructive/deconstructive function of the political religious parties and organizations. The variety of modernization models within the countries of the Near East and North Africa is being researched through the prism of values of a democratic culture from the positions of the Western school of political science. The authors make the conclusion that the political modernization in the Islamic countries is accompanied by the establishment of non-liberal democracies and radicalization of religion. A claim is made that the political elite groups rely on the “enlightened” authoritarianism and traditional institutions of family and religion, which act as a guarantee of realization of a successful national model of modernization.

Keywords: Political modernization, national model of modernization, politicization of religion, authoritarianism, priests, democracy, secularization, family institution, uncertainty principle, complementarity principle.

DOI: 10.7256/2454-0706.2019.11.30899

Abstract: The subject of this research is the impact of the legislative norms upon political behavior. The goal of this article consists in the attempt to answer the question of how the candidates change their behavior depending on the changes in the legal norms that regulate the rules of conduct in the electoral campaigns. This problematic is being analyzed on the example of norms that establish the rules of financing and financial reporting for campaign finance. The empirical foundation of this research includes current electoral legislation of the Russian Federation and law enforcement practice in the area of campaign finance. The methodological base for this research consists in the modern institutional theory, which allows establishing connection between the current legislation and law enforcement practice. The examination of electoral legislation allows concluding on the presence of complex dependency between the limits of campaign expenditures established by current legislation and the portion of “shadow” campaign finance. Based on the conducted research the author makes recommendations that would allow reducing the portion of “shadow” finance in the electoral campaigns, as well as optimize the rules and procedures for campaign finance.

Keywords: financial reports, legal incentives, electoral funds, electoral finance, political behavior, institutional analysis, political institutions, electoral law, law enforcement, electoral politics

Abstract: The question on the modern state of the international law system is a popular one. However, there is still no unified answer. There is a great quantity of opinions of learned scholars on the number of its spheres, its subject, its method. The author of this article views the most popular concepts and expresses her own opinion.

Abstract: The process of formation of the institution of domestic regional political elites, which unfolded at the end of the twentieth century, is now actively underway in the Russian Far East. The practice of elite education in the Far Eastern region fully corresponds to all-Russian trends. However, as the study shows, there are some peculiarities here. The formation of the Far Eastern elite groups (their composition, the pace of transformation) was affected by the marginal position of the Far Eastern subjects of the Russian Federation. It is no secret that during the period of revolutionary upheavals, cardinal changes occur primarily in the composition of the capital's elites. The changes in the province are not so radical at first. Significant transformations at the regional level (the Russian Far East) are observed with a separation from the all-Russian ones in 4-6 years.

DOI: 10.7256/2454-0706.2018.4.25997

Abstract: This article reviews the major reforms that took place over three recent decades in the labor legislation of Spain. The author discusses the characteristic duality of the job market, expressed in a broad use of the certain types of contracts varying in degree of guarantees implied to an employee. The author reveals the reason of the current inequality in the employment sphere, which has become an actual issue for all participants of labor relations. Special attention is given to the strategy selected by the young specialists, who embark upon the career in the conditions of heightened competition. The article contains the references to a number of official documents that regulate the questions of employment at the national level, as well as provide the instruments for stimulating the entrepreneurial activity. The author introduces the statistical data of Eurostat ant other analytical reports regarding the state of youth unemployment. A conclusion is made that the labor regulations make the young specialists vulnerable, particularly in the time of recession, when a priority task of business owners becomes the rescue of capital rather than the preservation of jobs. The reforms in labor system are mostly aimed at protection of the interests of entrepreneurs, which causes public disapproval.

Keywords: Young unemployment, Youth, Duality, National Policy, Employment agreement, Employment, Labour legislation, Labour market, European Union, Spain

Abstract: Corruption within the internal affairs state service (militia) obviously is highly dangerous for the society due to the very nature of the variety of functions of militia. Currently fighting corruption in the Russian militia is a priority sphere. This article by A.V. Kurakin is devoted to theory and practice of fighting corruption in the militia, it also contains the comparative analysis with the measures taken to deal with similar problems in the foreign states.

Abstract: This article by N.M. Dobrynin is devoted to the topical problems of Russian federalism. In particular, the article is devoted to the economical issues, such as budgetary provisions, perspectives of enlargement of the subjects of the Russian Federation, principles of subsidiarity in action. The author also studies existing organizational opportunities, makes offer on constitutional regulation of above-mentioned issues. He also points out that the existing division of subjects of the Russian Federation being the heritage of the Soviet Union, does not meet the modern challenges and needs to be changed.

Abstract: Currently a new system of principles of administrative law is being formed due to new social and political conditions in the Russian society. Therefore, as the authors of this article note, there is great need in studying this sphere of administrative law, which previously was paid little attention to. The authors present characteristic features and study the value of the principles of administrative law and principles of codification.

DOI: 10.7256/2454-0706.2014.1.9546

Abstract: In A. S. Trifonov's article one can find a detailed study of legal regime of land in the Russian Federation. Noting that the use of lands is a key criterion for classification, the author studies specific features of "allowed use of land plots" as a term of Russian legislation, analyzes existing practice.

Abstract: This article by S.A. Belyaev is devoted to the study of the non-discrimination principle in the international law. As the author points out, while this principle forms the basis for protection of human rights, it is not sufficiently studied as an institute of common international law, while being widely applied. This article contains analysis of codifications of the non-discrimination principle,its universal and regional sources, its definition, classification of its subjects and objects. The author also studies various mechanisms of practical, consultational, mediatory, quasi-judicial and judicial measures, which are aimed to apply the provisions of international law and to prevent or punish discrimination.

DOI: 10.7256/2454-0706.2014.1.52133

Abstract: The work is dedicated to the identification of obstacles that are hampering the modernization of Russia. The crises of various state institutions, as well as those of civil society and the object systems of life-support and life-sustenance, are analyzed. The requirements of modern socio-cultural policy, as the most appropriate theoretical basis for the institutionalization of modernization processes in Russia and in the former Soviet Union, have been considered. However, as reality shows, the need for institutional rational-construction forms of management, the identification of negative factors of society’s development, the search for the methods of overcoming different forms of conservative traditionalism and the creation of a socio-cultural model of the State, have not been realized either by politicians or by the individuals in post-Soviet societies. Social changes and transformation, scientific and technological progress, urbanization, competitiveness of the states, the style of their participation in the world’s economic and political processes, as well as in the international organizations – the quality of this set of signs has become the criterion of the tradition of modern societies and states. However, in terms of the socio-cultural approach that we adhere to, modernization cannot be considered in the context of solely economic benefits, advantages and the dominance of one state over others. The current processes in Russia and in the former Soviet Union should be evaluated on the basis of objective evidence, characterizing the situation of ordinary members of society (the anthropological basis of the socio-cultural methodology gives a distinct socio-cultural orientation to it). Thus, modernization can be defined as socio-cultural transformation in society in the conditions of its transition to a higher form of development on the basis of identifying the motivational forces aimed at creating a modern State.

Keywords: modernization, civil society institutions, modernization theories, socio-cultural policy, institutionalization, civil society, social interests, development indices and social State.

DOI: 10.7256/2454-0706.2017.6.23074

Abstract: The study of the problems of the implementation of public control practices involves the formation of new challenges and approaches that meet the requirements of modern political time. The operationalization of many components related to the analysis of the infrastructure of public control – its object and subject institutions, mutual capabilities, authorities, areas of responsibility, interaction areas, and components related to the evaluation of control results – is the key challenge for the modern researcher. The subject of this article is the construction of a model for assessing the efficiency of the subject of public control in the modern Russian Federation. As a methodology for the development of a model for assessing the efficiency of public control, the method of construct interpretation is used. This is manifested in the use of the methodology for assessing the efficiency of the activity of a particular research object (in the context of the subject matter – the subject of social control) from economic theory and management theory, where the approach towards evaluation of efficiency through the ratio of the result to the resources is traditionally used as a basis. As a key methodology for analyzing the activities of subjects of public control and their respective ranking, comparative analysis is used. The use of the proposed model will allow operationalizing the infrastructure of public control to assess the efficiency of the control subject, and draw conclusions about the components in which, based on the relevant measurements, it is worthwhile to make regulatory modernization or reorganization in the activity of the subject of public control at all levels of its work in the processes of institutionalization of public control in the modern Russian Federation.

Keywords: institutionalization, model, resources, productiveness, productivity, civil society, efficiency, public control, subject of control, object of control

DOI: 10.7256/2454-0706.2024.4.70612

Abstract: The article examines the introduction of an experimental legal regime in the field of telemedicine in the Russian Federation. The authors investigate the general and experimental legal regulation in the field of telemedicine services. It is noted that the main prohibition leading to the emergence of the services in the field of medicine is a ban on clarifying and directly making a diagnosis within the framework of a remote consultation without prior face-to-face appointment with the attending physician. When establishing an experimental legal regime, this prohibition was relaxed, since it is possible to seek remote consultation from another doctor working in the same medical organization and having at least 7 years of experience in the specialty. It is stated that the information services that appeared to circumvent this prohibition are actually medical. In the course of the research, general scientific methods of cognition of the surrounding reality and legal matter, as well as special legal methods, including formal legal ones, were used to achieve these goals. It is noted that when establishing, within the framework of an experimental legal regime, the possibility of prescribing treatment or correcting it by another doctor working in the same medical organization as the attending physician who conducted the preliminary face-to-face appointment of the patient, medical organizations with an extensive network of branches receive advantages for development. In such a situation, it is possible to form two levels of medical care: within the framework of the first, primary face-to-face reception is carried out by the primary link of medical workers, within the framework of the second, specialized doctors conduct remote consultation to the patient (legal representative). The establishment of a ban on diagnosis and restrictions on the prescription of treatment remotely has led to the spread of shady online counseling services. Due to the motives and goals of the patient when accessing such a service, it is essentially medical.

Keywords: clinical guidelines, physical examination, preliminary face-to-face examination, doctor, treatment, diagnosis, remote consultation, regulatory sandbox, blanket regulation, telemedicine

DOI: 10.7256/2454-0706.2015.1.13667

DOI: 10.7256/2454-0706.2023.6.40913

Abstract: The author discusses the transformation of legal skills in the field of criminal justice in connection with the development and introduction of digital technologies. This issue is examined in the context of three groups of lawyer skills, such as communication skills, the possibility of using digital technologies in case analysis and position development, as well as the possibilities of document management in the context of digitalization and the use of digital technologies in the preparation of procedural documents. The subject of the research is both the skills themselves and the new opportunities that have appeared with the development of digitalization: remote communication capabilities, web forms for interviewing, chatbots, automated information search engines and artificial intelligence capabilities for case analysis, technical capabilities that help to find and present evidence in court, document designers, thanks to which one can create various forms of documents, submission of procedural documents to the court in the form of an electronic document. The article concludes that the introduction of digital technologies into the activities of both preliminary investigation and court bodies is becoming a natural stage in the development of the entire criminal proceedings and for the first time new digital opportunities are being considered in relation to the skills of a lawyer in criminal proceedings. In the article, in relation to each group of skills, those technical capabilities that can and should be used in practice are indicated, and, accordingly, those professional skills that a lawyer working in the field of criminal proceedings should possess. It is concluded that some of the considered digital technologies have already become firmly established in the practice of lawyers working in criminal cases, some are just being introduced and are being distributed.

Keywords: lawyer, investigator, information technology, artificial intelligence, skills, criminal justice, digitalization, electronic document, document constructor, proof

DOI: 10.7256/2454-0706.2015.1.52342

Abstract: The author analyzes the legal status and current scientific points of view on “graffiti” (from Italian graffiato – "scratched"), which is how the street drawings made on the walls, asphalt, and other surfaces (such as train cars, etc.) are being considered. The civil-legal and administrative-legal aspects of this phenomenon are being researched. Examples are offered on the legal regulation of graffiti on the national and regional levels. The article examines the cases of foreign experience on the legal regulation of graffiti. Various forms of graffiti are being reviewed, as well as factual and legal problems associated with this form of art. The historical-legal and theoretical analyses have revealed the need to not only develop the definition of this form of “work of street art”, but to also formulate the criteria of their classification in order to “enact into the framework of law” the creative work of “street” artists. The author has developed a civil legal concept of graffiti and proposes to define it as a work of visual art that is expressed on the objects accessible for public viewing, which does not violate the rights of the objects’ owners, and does not contradict with the public interest and principles of humanity and morals. There is also an opinion that the purpose of graffiti can be justified by public interest (call to patriotic acts, charity, etc.), or have a private character (attracting attention to an object of advertising, etc.). Such graffiti should be considered an object of intellectual work and therefore, their authors should have the corresponding rights.

Keywords: Graffiti, street art, civil law, copyright law, vandalism, unsanctioned graffiti, visual arts, encrypted text, symbolism.

Abstract: The criminal legal policy should be the centerpiece of both law-making and the law-enforcement ensuring their correlation. It should allow the legislator to work on the most important areas of this sphere and pass the laws on most topical and relevant issues…Unfortunately, the modern reality is such that the legislative aspects seem to have their own separate “life”…

Abstract: The main feature of the process of state formation and development of the republics of the North Caucasus is undoubtedly the hypertrophied national factor, which most determined the specifics of the formation of statehood in the region in the first half of the 1990s. It should be noted that in the ideal democratic model, including the one established by the foundations of the constitutional system of Russia, nationalism as a political factor has no place. In practice, the hypertrophiing of the national principle in the political process began with the submission of the Union, and then the Russian center, which seized the initiative, with the approval of the concept of national policy of the USSR, then various kinds of statements, declarations of the central government and the adoption of relevant federal laws.

Abstract: The issue of regulating migration became acutely topical lately. However, as the author of this article points out, in spite of all the studies, the definitions and terms in this sphere are not sufficiently developed. Application of different terms to the same issue create additional difficulties both for legal practice and for the theory.

Abstract: Although no one now doubts the obligatory character of the decisions of the Constitutional Court of the Russian Federation, there is still much discussion as to the nature of these acts. For some authors such decisions are sources of the Russian law, while the others see them as simply interpretative acts. In this article V.A. Petrushev views the judicial practice, positions of the scholars, and expresses his own opinion on the matter.

DOI: 10.7256/2454-0706.2020.10.34413

Abstract: Manifestation of the new methods of scientific research based on computational processing of high volumes of data (experimental, statistical, secondary information, etc.) led to broadening of the methods of scientific cognition, as well as to changes in the processes of legitimation of new knowledge. The article examines separate aspects of the indicated changes, and raises a question on the need for more accurate and systematic monitoring and analysis over the processes of changing the mechanisms of legitimation of scientific knowledge, obtained within the framework of “science based on big data”. The conclusion is made that in the context of the Fourth Paradigm (Data-Intensive Science) is being formed the fourth strategy for legitimation of scientific knowledge – “digital legitimation”. The knowledge generated by data-intensive science is legitimized virtually by complexity and scale of technologies used for its acquisition. The author underlines the need for thorough analysis of the “digital” type of legitimation due to the fact that the expansion of digital method for production of scientific results bears a number of risks. Particularly, alongside with accumulation of inaccuracies and deterioration in the quality of scientific examination, most severe risks consist in possibility of science being caught into the institutional development traps, as well as in exacerbation of the existing systemic crisis.

Keywords: Science Governance, Science Development, Artificial Intelligence, Big Data, Digital Technologies, Digital Transformation, Legitimation of Knowledge, Fourth paradigm, Digital World, Risk Management

Abstract: In the P.S. Gilman’s article one can find critical analysis of the specific features of the contractual relations in Russia. The author also reviews case law of the International Commercial Arbitrazh Court of the Chamber of Commerce and Industry of the Russian Federation.

Abstract: In this article the judge of the Court of Energy Arbitration A.R. Sultanov continues a heated dicussion on application of Article 389 of the Civil Procedural Code of the Russian Federation, which was started earlier by a number of articles by himself, as well as the Chairman of the Supreme Court of the Republic of Khakasia S.V. Potapenko. The dicussion is devoted to a topical issue – ensuring stabilizing function of the judicial system, predictability of the Russian justice.

DOI: 10.7256/2454-0706.2015.1.14243

Abstract: The subject of this article is the application of the new technologies (information and communication technologies) in law practice. Such aspects of the topic are studied as history of the use of ICT in law; the common problems of this use are discussed. In order to help the reader to understand the given material, the author gives the most common terms, definitions and explanations of mathematical logic in law. The author underlines the importance of the development of such a problem as artificial intelligence use in law and limits of this use. The following methods were used in the research: historical and logical methods of knowledge; comparative-historical method. The author concludes that, though there are some difficulties in the development of information and communication technologies, the upcoming applications of those technologies in legal practice are very big

Keywords: Law, Legal Cybernetics, Information Technologies, Artificial Intelligence, Logics, enforcement, computer, internet, communication, automation

DOI: 10.7256/2454-0706.2015.1.52343

Abstract: The subject of this research is the use of information technologies within law. The article reviews the early stages of the conception of legal cybernetics, and presents the key problems and opportunities for future development of this branch of science. It examines both, the more simple forms of use of information technologies within law (for example, within the justice in order to simplify the paperwork process between the parties in a court proceeding), as well as the more complex issues (such as use of information technologies in making legally significant decisions, including court ruling). A special attention is given to the importance of development of such relevant problem as implementation of artificial intelligence within law. The author concludes that despite the current difficulties in development of legal cybernetics and information technologies within law, a considerable amount of progress has already been made, and the opportunities for further implementation of these technologies are rather great. The modern trend of the social development dictates the necessity to apply the information technologies into the law as into any other area of everyday life.

Keywords: Law, legal cybernetics, information technologies, artificial intelligence, logic, law enforcement, artificial intelligence, computer, internet, communication, automation.

Abstract: The object of studies in this article is one of the most topical issues in the political arena of France – the reform of territorial collectives with the background of considerable changes in the system of government of the 5th Republic. The authors concentrate on the changes in the role of regions as key subjects of the system of local government, then on positive and negative aspects of the reform. Much attention is paid to the positions of key French political parties towards the reform. The authors come to a conclusion on questionable effi ciency of this reform, determining role of the processes of regionalization in Europe, dependency of the development of the reform on the political situation in France. It’s not a long time of waiting, since in spring 2012 there shall be presidential and parliamentary elections and we shall shortly see how successful is the policy of the French decentralized Unitarianism. If the ruling party keeps its rule, it would show that the process of decentralization shall continue, and the role of regional government and municipal bodies shall yet grow.

Keywords: political science, department, decentralization, Constitution, region, regionalization, regional council, reform, territorial collectives, Unitarianism.

Abstract: In the early XXI century the legal institution of crediting the agricultural businesses develops rather fast due to great changes in the land regulation, integration of norms of civil law and other spheres of law into the agricultural relations…

Abstract: Russia is the state with the vast territories, where people of many nations and ethnoses live. Thus, Russia has all necessary prerequisites for a federal state, taking into account both geographical and national and cultural apsects. So Russia must be a federation based upton the constitutional principles. This in turn calls for a serious reform of the federal relations the way they exist right now.

Abstract: Article is devoted to the problem of legal capacity of the apatrides, foreign citizens and legal persons. This is one of the most topical issues of Russian land law. Authors review the history of the issue, gaps in Russian land legislation and court practice (such as Mineral Knauf case). The article also contains analysis of the issue of constitutionality of a number of provisions of land law, and of practice of the Constitutional court of the Russian Federation.

Abstract: Legalization of the fenomenon of self-regulating organizations in the Russian economy started as a reaction of the state to abrupt complication of the social and legal relation after the economic reforms of the 1990s. With time it became obvious that self-regulating organizations formed an institution of Russian economy, which was more than a temporary thing. In fact this institution allowed to lift the burden off the shoulders of the executive branch, and at the same time it allowed to control certain elements of economics more effectively. Currently, further development of this institution is at issue. The author also analyzes the legislative draft “On self-regulating organizations”, its positive and negative pictures.

Abstract: Application of international treaties to the legal relations in the Russian Federation seems less complicated than application of other sources of international law. However, an international treaty is not that simple either. The author studies conditions of application of international treaties in accordance with the Vienna convention on the law of treaties, reviews conditions, regarding validity of treaties, their entry into force and end of their aplication. This article also contains analysis of judicial caselaw.

Abstract: As the prosecutors’ practice shows, the legislative bodies of the subjects of the Russian Federation often violate federal legislation by exceeding the powers that are given to them, thereby interfering with the federal sphere of authority. This article contains analysis of the work that the prosecutor bodies are doing to eliminate contradictions between the legislative acts of the legislative bodies of the subjects of the Russian Federation and the federal laws. The authors also give their opinions on the ways to make prosecutor activities in this sphere more efficient.

DOI: 10.7256/2454-0706.2021.7.36079

Abstract: This article carries out a comparative legal analysis of the constitutional legal consolidation of the principles of egalitarian education in Russia and Finland. The majority of national education systems represent the so-called hybrid systems, in which egalitarian foundations coexist with certainty elitist elements. First and foremost, it is associated with the need to ensure practical orientation of education for maintaining competitiveness of the countries that are capable of inventing innovative technologies. The achievement of humanistic goals of education remains important. Articulating the problem of whether to allocate budgetary funds to support students with outstanding talent, or rather support those experiencing difficulties with access to education. The object of this research is the legal relations in the area of exercising the right to basic public education. The author’s special contribution consists in articulation of the problem of clarifying the social effectiveness of egalitarian and elitist models of education on the example of legislation of Russia and Finland. Leaning on the conceptual and international legal principles of equality in education, a comparative legal analysis is conducted on the constitutional legal consolidation of equal opportunities in receiving basic public education in Russia and Finland. It is noted that the differences in the structure of education system, mostly egalitarian in Finland and rather elitist in Russia, depend not only on the availability of resources, but also on the political choice of the past, present and oriented towards the future.

Keywords: Constitution of Finland, elitist education, egalitarian education, equality of opportunity, rights of the child, Constitution of Russia, the right to education, availiability of education, Federal law on Education in Russia, non-discrimination

DOI: 10.7256/2454-0706.2017.10.19291

Abstract: This article examines such aspects of the topic as the financial, material, information, and human resources of the party. The resource base is essential for functioning and attracting of new supporters, as well as promoting the ideological views of the party onto the general public. Traditional approaches towards the mobilization of resources become less demanded in proportion to the increased political competition, leading to the problem of finding the new ways of raising funds. The author deviates from the traditional approach of viewing the resources of the party exceptionally in form of the financial means, suggesting a more extensive interpretation of this phenomenon. Mobilization of resources by the party becomes a substantive task, especially in the conditions of economic crisis. Finances enable the ability to function. Human resources define the quality of the political work. Information resources ensure its recognition; a political instrument of attracting voters by broadening the channels of reaching citizens.

Keywords: human resources, symbolic capital, membership fee, informational resources, finance, party, crowdfounding, state budget, foreign agent, mass media

DOI: 10.7256/2454-0706.2017.8.23331

Abstract: The subject of this research is the legal regime of artworks in Italy, as well as legal regulation of the relations establishes in the course of their creation and use. The object of this article is the Italian legislation regarding the works of art. The author carries out a detailed analysis on the norms of the copyright law of Italy, which presents a cognitive and practical interest for the experts in the field of copyright law. The relevance is enhanced by pursuing correlation between the differences and similarities in legal regulation by the Italian and Russian legislation of the most important types of authorial relations in the area of creation and application of the artworks. The scientific novelty is defined by the fact that this research is one of the few within the Russian science to examine the emergence, establishment, and development of the copyright on artworks in Italy. Attention is given to the subjective copyright law under the conditions of transformation of the national legal and cultural traditions in modern Italy.