Law and Politics - rubric Conflict: tools of stabilization

Abstract: Currently, when the legislation lacks effort in making business socially oriented, the Russian enterprises choose broad or narrow interpretations of corporate social responsibility. It’s easier to follow the narrow interpretation, but it contradicts the interests of the NGOs, trade unions and other structures. The author comes to a conclusion on the importance of following the broad interpretation of the responsibility by all the participants of the social and political relations, and describes the historical and modern prerequisites. Keywords: political science, responsibility, development, business, state, society, charity, USSR, responsibility

Abstract: The article is devoted to the topical problem of modern Russian jurisprudence: reconciliation. The author leaves the traditional methodology of this institution within a certain branch of law, and offers analysis from the standpoint of the general theory of law. This approach allows to establish the interdisciplinary relations, general theoretical bases for the functioning of the institution of reconciliation procedures, as well as the terminology. Keywords: jurisprudence, mediation, reconciliation, arbitration, conflict, institution, law, procedure, peaceful settlement, dispute

Abstract: The current Arbitration Procedural Code of the Russian Federation directly establishes the possibility for peaceful settlement of cases, which arise out of public relations. However, this norm is a source of numerous scientific disputes and interpretations. The author attempts to establish some issues of acceptability of settlement on such cases. Keywords: jurisprudence, peaceful, settlement, administration, public, disputes, arbitration, process, judicial procedure, legal relations

Abstract: In 2001 the Russian Federation addressed the UN Commission on Outer Borders of the Continental Shelf with the request to broaden the territory of its continental shelf. This request is still being reviewed. This article is devoted to some topical issues of interpretation of Art. 76 of the UN Convention on Maritime Law of 1982. Much attention is paid to the analysis of provisions on the outer borders of the continental shelf beyond the limit of 200 marine miles. Keywords: jurisprudence, continental shelf, UN Convention on Maritime Law of 1982, international maritime law, coastal state, international legal regulation, limitation, application, marine borders, UN Commission on Boarders of Continental Shelf

Abstract: In the past the correlation between the “ethnos” and the “nation” was viewed variously. They were either viewed as categories of the same order, or the ethnos was viewed as a part of nation, or nation was seen as a higher stage of development of the ethnos. Nevertheless, it is important to establish the difference between them and their relations. Keywords: political science, ethnos, nation, nationality, culture, language, traditions, values, state

Abstract: As the author of this article points out, the NEP period was probably the most important stage of evolution of the Soviet judicial system. At the time of the peaceful socialistic life after the Civil War the courts were meant to resolve all disputes, which took place at the territory of the Soviet state.

Abstract: The existing models, means and methods of influence to the conflict situations include cultural and civilization-based peculiarities. The national differences in the models of psychological influence on political conflicts have ages and ages of history, and the nations and ethnic groups vary greatly. As the author of this article points out, one may single out three key approaches to the technologies of psychological information influence. Their evaluation is presented in this article.

Abstract: This article is concerned with the violations of international and constitutional legal obligations of the Russian Federation in the light of practice of the ECHR and implementation of its decisions by the Russian Federation.

Abstract: As the author of this article points out, its goal is to substantiate the thesis on the necessity of basic terms of legal science to be taken from the philosophical sphere, rather than grabbed out of everyday common experience, which serves as a basis for theoretical knowledge in all spheres.

Abstract: On March 03, 2007, Decree of the President of the Russian Federation No. 269 "On commissions for compliance with the requirements for the official conduct of State civil servants of the Russian Federation and settlement of conflicts of Interest" was signed, which approved the regulations on the relevant commissions. This work is intended to analyze the essence and significance of these documents for the practical regulation of official relations within the framework of the reforms that are gaining momentum – administrative and civil service.

Abstract: In A.M. Naumov's article he reviews the key aspects of procedural activities of the internal affairs bodies in the sphere of transportation. The author pays attention to the subjects of procedural activities, its forms, goals and aims, as well as to modern legislation and gaps in it.

Abstract: The article is devoted to the place and role of international recognition of human rights within the international legal order. The author touches upon the issue of forms and directions of influence of international legal order, where human rights play integration and functional role. The author also pays attention to various aspects of doctrinal discussions, and correlation of human rights and other elements of international legal order, comes to a conclusion on further development of international law and legal order, based on recognition and acceptation of human rights.

Abstract: It is well-known that stability in the Northern Caucasus region is key to the stability and security of the Russian Federation as a whole. The study of tendencies and processes in this region shows the importance of ethnical and religious factors. Taking the above-mentioned into the account, the problem of separatism in the Northern Caucasus republics should be solved through the reform of the system and removability of government, as well as broader representation of various groups in the government bodies.

Abstract: International humanitarian law provides protection to persons, who do not participate, or ceased to participate in the armed conflict. The four Geneva Conventions are devoted to protection of such persons. This article is devoted to the study of protection of such persons, with due attention to the civil population and the prisoners of war in the international armed conflict.

Abstract: The article includes analysis of a novel for the Russian law category of “service dispute”. Analyzing the existing legislation on state service, author points out that it includes a number of blanks and incorrect statements, and fails to fully comprehend the legal status of state servants, so the mechanism of resolution of disputes fails to be fully efficient. Based on the analysis the author comes to a conclusion about the need to form a strict and stable definition apparatus of the service dispute, giving the definition of service dispute a key place. Based on broad study of nature of service dispute, its subject and object elements, the author forms an original definition of service dispute

Keywords: jurisprudence, service, personnel, employer, dispute, conflict, definition, nature

Abstract: The article includes analysis of the influence of obligatory insurance on the development of the institution of civil legal responsibility of the owners of the transportation vehicles. She analyzes the functions of delict responsibility and of insurance. Then she comes to a conclusion that obligatory insurance deforms the functions of delict responsibility of vehicle owners, partly substituting for rehabilitation and preventive-educational function.

Keywords: jurisprudence, function, responsibility, insurance, deformation, rehabilitating, preventive, educational, harm, OMI

DOI: 10.7256/2454-0706.2021.1.34505

Abstract: Throughout its history, Artsakh had to guard against the external threats of Neo-Ottomanism. At the present time it is especially relevant. September 27, 2020 marks escalation of the Armenian-Azerbaijani conflict over the disputed enclave of Nagorno-Karabakh – which means Artsakh in Armenian. This led to six weeks of cease fire, humanitarian disaster, which killed many people and destroyed cultural and religious heritage of Artsakh. The mountainous region is surrounded by Azerbaijani land, although populated by Armenians. Due to the political novelty of this issue, the author employed analytical and descriptive method. The acquired results demonstrate that the history repeats itself in Neo-Ottomanism, which has been a threat to Artsakh and Armenia since its emergence until the present day. In recent years, the concept of reunification with Armenia, as well as the independence of Artsakh, outlined the prospects for the future. The third solution to the conflict became the ceasefire agreement of 9 November 2020, nobly negotiated by Russia to save Armenia from military collapse. However, this solution is more painful than the status-quo. The main conclusion consists in the statement that the international community should be more vigilant and prevent the expansion of such threats.

Keywords: diplomacy, neo-ottomanism, international law, history, Azerbaijan, Armenia, Nagorno-Karabakh, Artsakh, state recognition, terrorism

DOI: 10.7256/2454-0706.2023.8.43981

Abstract: The subject and purpose. The subject of this study is the international legal norms regulating the activities of the OSCE in the field of peaceful settlement of disputes. The purpose of the study is to identify the international legal reasons for the low effectiveness of the OSCE's activities for the peaceful settlement of disputes. Materials and methods. The study was conducted on the basis of: the main documents and decisions of the OSCE decision-making bodies; Russian and foreign legal literature, which highlights the issues of the research topic; as well as materials from news sites, especially materials from the official OSCE website. In the course of the research, such general scientific methods as analysis, synthesis, inductive method, system method and historical method were used, as well as such special methods of legal science as the formal legal method, the method of comparative legal analysis and the method of legal experimentation. Scientific novelty. The reasons why the OSCE participating States do not turn to the elements of this system to settle their disputes, for example, to resolve conflicts in Abkhazia, Transnistria, etc., were identified. A number of proposals were put forward to improve and optimize the OSCE's activities for the peaceful settlement of modern international conflicts. Discussion and conclusions. Despite the significant achievements of the OSCE in the peaceful settlement of conflicts, it can be argued that today the OSCE is becoming weaker, losing the successes achieved in the 1990s thanks to the efforts of leading politicians and international lawyers.

Keywords: peacekeeping, OSCE mediation, consensus, Conciliation Commission, Valletta Mechanism, Stockholm Meeting, intrastate disputes, conflict, Helsinki Final Act, peaceful settlement of disputes

DOI: 10.7256/2454-0706.2014.1.10503

DOI: 10.7256/2454-0706.2014.1.52139

Abstract: Attention is focused on social partnership as a significant factor in the modernization of modern Russia. The author reinforces his position that wages in the context of social partnership and modernization are due to the determining ratio, which has a significant impact on the social and partnership relations between labour and capital, as well as on the processes of modernization conceived by the State. The reasons for the deterrence of the process of social partnership and modernization formation that lie in the unreasonably high rate of profit, obtained by domestic capital, are disclosed. Other factors that hold back the development of the institution of social partnership as a factor in the modernization are also discussed. The author expresses his conviction that conf lict methods of interaction between capital and labour will retain their significance until the price of labour becomes adequately commensurate with the productive power of labour in the country.

Keywords: political science, modernization, partnership, interaction, productivity, conf lict, labour, capital, society and profit.

Abstract: In 1993, the Savings Bank of the Russian Federation began an active advertising campaign for a new banking service in the central and regional media - a fixed-term bank deposit agreement "Target deposit for children" In 2003-2004. depositors began to apply to the bank for deposits and interest accrued during the 10-year term of the agreement. At the same time, it turned out that already from July 1, 1994, the Savings Bank of the Russian Federation unilaterally and without any notification to depositors lowered the interest rate to 170 percent per annum, then lowered it repeatedly (eventually reducing it to 16 percent per annum). Accordingly, instead of the expected 420 707 298 rubles. (taking into account the denomination - 420 707, 29 rubles) or 15 119, 40 USD at the rate of the Central Bank of Russia on December 25, 2003), depositors were offered to receive a little more than 370 rubles, which is or 13, 29 USD at the rate of the Central Bank. Assessing these actions of the Savings Bank of the Russian Federation as a clear violation of the terms of the concluded agreement, depositors in large numbers began to file lawsuits against the bank in Russian courts of general jurisdiction. At first, these claims were satisfied, but soon there was a sharp turn in judicial practice. The article presents a critical analysis of the current judicial practice.

DOI: 10.7256/2454-0706.2018.8.26948

Abstract: The subject of this research is the constitutional law disputes that act as the prerequisites for constitutional judicial procedure, and define the content and the subject of judicial activity, as well as the main parameters of the constitutional judicial process. The procedure of resolving constitutional disputes in constitutional courts is being examined as a means of maintaining a balance between branches of power in the government, mechanism of protection of rights of the individual, competency of the constitutional branches and constitutional values. The goal of this research is to determine the main trends of foreign legal regulation that demonstrates the influence of the constitutional law disputes upon the constitutional judicial process. Among main conclusions, the author determines the key trends of foreign legal regulation of the constitutional judicial process as forms of resolving constitutional law disputes, including expansion of the categories of legal disputes in the constitutional court jurisdiction; sequential reflection in the legislation of the adversarial principle through determining plaintiffs and defendants in all categories of cases heard by the constitutional court; determination of restitution for damages caused by an act found to be unconstitutional.

Keywords: adversarial principle, constitutional claim, constitutional-legal conflict, constitutional proceedings, Constitutional court, constitutional judicial trial, constitutional-legal dispute, unconstitutional legal act, procedural form, comparative legal research

Abstract: Professor I.L. Trunov’s article is devoted to the issue of legal regulation of compensating for the harm and rehabilitation of persons subjected to unlawful or ungrounded criminal prosecution, bringing Russian legislation on this issue in accordance with the international legal standards and the Constitution of the Russian Federation. Professor Trunov cites and analyzes and example of the Decision of the Supreme Court of the Russian Federation of April 5, 2004, by which the Court found unconstitutional in part violating rights and freedoms of the people the Instruction on the application of the Provisions on compensation of harm done to the persons by unlawful acts of the investigation bodies, public prosecution bodies and the courts.

Abstract: Currently, in our country, a huge number of takeovers and mergers of enterprises take place with gross violations of the rule of law, often in an openly criminal manner. As a result, economic instability, tension in the social sphere, an unfavorable investment climate, and a lack of long–term investments that ensure economic growth in the future. What are the possible solutions to the existing problems?

Abstract: This article is devoted to the issue of regulation of non-international armed conflict and contains international legal and comparative analysis of such terms as "the state of war", "civil war", "insurrection movement". The doctrine of international law also contains such terms as "rebellion", "insurrection". The author provides us with the terminological analysis of relevant terms.

Abstract: Nowadays the world community is rather skeptical towards the peace-keeping operations of the UN in local conflicts, as well as towards the actions of the Security Council of the UNO, which passes its powers to specific states or regional organizations (the USA, the Great Britain, the North Atlantic Treaty Organization). M.G. Smirnov's article contains critical analysis of the UN practice in this sphere, based on examples of Somalia, Haiti, Cyprus, Yugoslavia, etc. Author presents his study of key problems of modern peace-making activities, key provisions of humanitarian law, perspectives of their development.

Abstract: Disputes, related to elections and referendum in Russia, touch upon issues of paramount importance, since they deal with constitutional political rights of the people. It is no surprise then, that court cases related to elections and referendums gather much press and cause much discussion within the Russian society. Specific features of this type of disputes should certainly be reflected in theory, as well as in practice. A.V. Poshivailova studies specific features of election disputes, analyzes theoretical views of a number of legal scholars related to definition and specific features of election disputes.

Abstract: This article is devoted to problems of responsibility for a number of crimes, which, technically, can be qualified as related to prevention of performance of executive procedures under the decision of the courts on civil matters. Currently these crimes are recognized as crimes against justice. As the author notes, mistaken understanding of object of such crimes causes further mistakes related to the elements of crimes and in the end causes disfunction of the system of criminal legal protection in this sphere.

DOI: 10.7256/2454-0706.2016.2.16846

Abstract: The article touches upon certain issues of labour dispute-settlement with participation of a foreign element within the BRICS countries on the example of Russia, India and SAR, and continues the study, initiated in the article “Some issues of labour dispute-settlement with participation of a foreign element within the BRICS countries: the example of Brazil and China” (Law and Politics, 2015). The author's attention is concentrated on the litigation and conciliation-arbitration methods of resolving disputes in the context of the court–based and out-of-court (prejudicial) forms of settlement, as well as subjective-objective predetermination of any processes.This work is done with the use of the following scientific methods: systemic analysis and synthesis of normative acts and practical materials, formal and dialectical logic: analysis, synthesis, induction, deduction, hypothesis, analogy, and special methods of legal studies – comparative legal and historical-legal, systemic analysis and interpretation of legal norms.Scientific novelty of the research is determined by the fact that this work is essentially the first comprehensive and systematic study of the problems of legal framework of labor relations complicated by a foreign element within the BRICS countries in modern conditions. The problems of Russia and foreign countries-participants of the BRICS - Brazil, India, China and South Africa – have been recently attracting the attention of economists, scientists, politicians. However, the article contains the results of solving fundamentally different tasks, thus current scientific material and labour laws two of the five BRICS countries have been collected and analyzed in the context of labour dispute-settlement within their legal orders.

DOI: 10.7256/2454-0706.2016.2.52592

Keywords: settlement in court, foreign element, labor law, SAR, India, Russia, BRICS, out-of-court settlement, ILO Conventions, adjudication

DOI: 10.7256/2454-0706.2013.3.51940

Abstract: The article is devoted to the issues of legal regulation as a process of legal influence on the social relations, as well as the reasons for the deviations from legal norms, nature and types of conflict of laws, and the competence of the modern conflict of laws regulation. The author comes to a conclusion that legal collisions are not accidental and they appear continuously during the process of legal regulation. The dynamics of this process is such, that one may mention stages of their development, and accordingly apply legal and other mechanisms of their discovery and removal.

Keywords: jurisprudence, law, legal regulation, deviations, conflict of laws, disagreements, disputes, mediation procedures, legislation, violations of law.

Abstract: There is a theoretical possibility as well as practical need for widening of the scope of agreements between the parties in the criminal process via the procedures for the redress of harm caused by a crime. The basis for this procedural institution may be found in some elements of the existing order of peaceful settlement in the criminal process.

Keywords: jurisprudence, law, criminal judicial procedure, peaceful settlement, agreement, contract, redress, compensation, harm, loss.

DOI: 10.7256/2454-0706.2015.5.15156

Abstract: The subject of this research is the analysis of the United States legislation in the area of “tort prevention”. The author presents the practice of application of this institution, legal doctrines used in the United States of America, comparative analysis with the legislation of the Russian Federation, as well as the German legislation. In addition to studying the civil legal institution of tort prevention, the author conducts a research in the area of sources of high risk. The author proposes to form a legislative designation of the sources of high risk, borrowing the concept of calculated risk from the US legislation, and implementing the legal precedent with regards to cases related to tort prevention as a doctrinal and basic approach towards regulation of relations.

Keywords: source of high risk, tort prevention, legal precedent, legislation, United States of America, dlict, doctrine, concept, court, civil process

DOI: 10.7256/2454-0706.2015.5.52425

Keywords: source of high risk, tort prevention, legal precedent, legislation, United States of America, dlict, doctrine, concept, court, civil process

Abstract: Article highlights the problem of resolution of collective labor disputes by labor arbitration. The author describes the history of creation of labor arbitration in the Russian Federation, analyses matters of its action and comes to a conclusion that labor arbitration is an institution which facilitates in fast and effective resolution of collective labor disputes. But legal regulation of this process makes it hard to take full advantage of labor arbitration nowadays.

Keywords: Collective labor dispute, labor arbitration, pre-trial dispute resolution, conciliation of parties, healing measures, trial, quasi-judicial functions, collective agreement, human rights.

DOI: 10.7256/2454-0706.2013.8.9230

DOI: 10.7256/2454-0706.2013.8.52029

Abstract: This article concerns the legal problems, arising from forceful termination of rights to the plots of land, as well as the problems regarding correlation of public and private interests in the sphere of construction of power industry objects. The problem of implementation of provisions as enshrined in the Art. 36 p.2 of the Constitution of the Russian Federation, which establishes the limitations to the rights of the owner regards the artificial limitation of the range of entities and persons, whose rights of ownership, use and disposition may be limited According to this norm of the Constitution only the owners may be limited in implementation of their rights. However, when interpreting this norm of the Constitution of the Russian Federation, the author offers to use the presumption of state ownership of the plot of land (the legal impossibility of existence of unowned lands under the Russian law), as well as the presumption of guilt, which allows to bring to responsibility a person who in fact causes harm to the lawful interests of undefined range of persons, while not owning a source of increased danger. The article also concerns the legal regulation of relations arising due to seizure of plots of land due to the future Olympic games in Sochi. As a result of widening of the Sochi territory, construction and reconstruction of residential and non-residential premises a number of power industry objects ended up within the construction area. The plots of land should be seized for state (municipal) needs, however, it is not possible in accordance with the current norms of the Federal Law N. 310-FZ, providing for the possibility of such seizure in order to build (construct) Olympic objects only. From the point of view of the author, the Federal Law of December 1, 2007, N. 310-FZ ‘On organization and holding of the XXII Winter Olympic Games and XI Paralympics Winter Games of 2014 in the city of Sochi, development of the city of Sochi as a mountain climate resort and amendments to the certain legislative acts of the Russian Federation” did not form any additional legal grounds for the forceful termination of the rights to plots of land, but it did introduce some specific elements into the procedure of termination of right, since this law is a lex specialis in respect to both the Civil Code and the Land Code of the Russian Federation, and its provisions have a priority.

Keywords: power industry, proprietary right, plot of land, Olympic games, lawful interest, public interest, ownership, land-users, rent, source of increased danger.

DOI: 10.7256/2454-0706.2016.9.20015

Abstract: The goal of this research is to determine the influence of Islamic traditions upon the provision of interconfessional peace in the post-Soviet Russia. The object of this research is the traditions of the Islamic civilization in its Russian variant. The author carefully examines such aspects of the topic as the essence of civilization, specificity and science of Islamic civilization in the political legal dimension, norms of Quran and Islamic law, as well as reformation interpretations of the traditions of peace and tolerance in Islam. A special attention is given to the traditional values and institutions of Islam, as well as methods of activity of the Islamic religious organizations in Russia. The author comes to the following conclusions: interpretation of civilization as the sociocultural macrosystem of a high level, which differ from one another by criteria of worldview; determination of the traditions of peace and confessional tolerance in Quran and Muslim legislation. The author’s contribution into this topic consists in the refutation of the stereotype of the homogeneity and archaic nature of the social doctrine of Islam. The scientific novelty of this research consists in the revelation of the potential of the confessional tolerance, as well as the risks of intolerance in the public opinion of the Russian Muslims.

Keywords: traditional islamic institutions, Islamic law, Quran , Russian Federation, interconfessional peace, influence, traditions, Islamic civilization, peacekeeping methods, public opinion

DOI: 10.7256/2454-0706.2016.9.52699

Keywords: traditional islamic institutions, Islamic law, Quran, Russian Federation, interconfessional peace, influence, traditions, Islamic civilization, peacekeeping methods, public opinion

DOI: 10.7256/2454-0706.2016.11.12465

Abstract: The author examines the situations, in which the interests of the sides are either directly oppose one another, or simply do not coincide. The author sees situations in which the goals are opposing, while the result of the operation depends on the actions of both sides, as conflicting, and provides a mathematical analysis of conflict situations within the framework of the game theory. The goal of this work is to make recommendations on rational choice of actions by the opposing sides in the conditions of absence of information on the behavior of the other side. The game theory is beneficial in cases when there is a need to determine factors of high importance that require consideration in situations of decision-making in the conditions of competition. The game theory can be applied in law enforcement, judicial, lawmaking and other legal fields. One of such is the classic prisoner’s dilemma, upon which the author conducts the mathematical research within the framework of the game theory. The author concludes that any process or situation, which involves two sides with opposing interests or interests that do not align, can be modeled and receive an answer in form of recommendations for optimal choice of actions of one of the sides in order to receive a better outcome.

Keywords: Game theory, Behavior strategy, Recommendation for choice of action, Confrontation, Conflict model, Minimization of the proposed sentence , Matrix of the pair of strategies, Conflict situation, Classic prisoner’s dilemma, Probability of choice of strategy

DOI: 10.7256/2454-0706.2016.11.52730

Keywords: Game theory, Behavior strategy, Recommendation for choice of action, Confrontation, Conflict model, Minimization of the proposed sentence, Matrix of the pair of strategies, Conflict situation, Classic prisoner’s dilemma, Probability of choice of strategy

DOI: 10.7256/2454-0706.2015.11.16612

Abstract: The object of this research is the social relations forming in the area of protection of citizens’ rights to honor and dignity, as well as the rights of citizens and legal entities to business reputation. With a wide arsenal of various means of legal defense of business reputation from defamation, the civil lawyers are often faced with the question of reasonableness and legality of apology as a means of protection of the business reputation. The subject of this research is the issue of legality and reasonableness of the use of apologies as an independent means of protecting civil right. The article also addresses the issues of qualifications of issuing an apology as a retraction of previously made statements or expressed beliefs due to coercion; highlighting the forms of apologies, and selecting those that need legislative regulation; satisfaction of public enquiry for corresponding modification of the means of protection of intangible assets. The goal of this article lies in the attempt to understand them. The research is conducted in the context of the corresponding international legal norms, as well as thematic generalization of current norms of the Russian legislation. The novelty of this work is defined by the multi-aspect original analysis of apologizing as a legal phenomenon, detection of legislative gaps, and author’s vision on the solution to the problems that arose in light of these gaps.

Keywords: apologies submitting, remedies, honor, dignity, business reputation, non-material values, defamation, untruthful detractive information, freedom of expression, moral consideration

DOI: 10.7256/2454-0706.2015.11.52535