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MAIN PAGE > Journal "SENTENTIA. European Journal of Humanities and Social Sciences" > Contents of Issue 02/2015
Contents of Issue 02/2015
Borisova A.S. - Right to religious feelings: legal aspects of protection of believers


Abstract: The subject of this research is the competitive analysis of the approaches of the European Court of Human Rights, the Parliamentary Assembly of the Council of Europe (PACE), and Venice Commission towards the notion of “religious feelings” and the necessary level of its protection by the government. A special attention is given to the essence of the concept of religious feelings and whether or not it is possible to give a legal definition to this notion, which is the reason for an assessment of the comparability between Article 148 of the Criminal Code of the Russian Federation on insulting the religious feelings of believers, with the European standards in the area od requirements for legal certainty. The main conclusion is that it is impossible to set a normative definition for “religious feelings”. The author justifies the need for a clear delineation of incitement of hate and intolerance by difference of religion, and insulting the feelings of believers, including blasphemy and sacrilege, as well as the reasonableness of decriminalization of “insult of religious feelings of believers”.
Rosalba A. - Unfair terms, protective nullity and Courts powers: certain reference points after JőrÖs and Asbeek Brusses rulings.


Abstract: The article examines the cases of Jőrös (Case C- 397/11,) and Asbeek Brusse,(case C-488-11), both dated 30 may 2013, as a starting point for a more general analysis of the ECJ’s approach to the legal consequences to be drawn by the national Court from finding that a contractual term is unfair. The work focuses on the question of whether the interest of the consumer – at the basis of the remedy under consideration – is compatible with the general public interest and with the duty of the National Court to declare the nullity of its own motion, perhaps in contrast with the individual interest of the party. The paper criticizes the “Pannon ruling”, and points out how the more recent Banif Plus judgment (2012) has refined that ruling, even when the partial nullity is concerned. If the duty of the National Court to declare the nullity of its own motion aims to guarantee general interest and the values held by the Constitution – the A. argues – there is no way the consumer can “oppose” the declaration and express his own interest to preserve the contract. Consistently with this idea of consumer protection, in the recent Jőrös judgment the ECJ partially reviewed the so called Perenicova jurisprudence, and clarifies that the National Court is required to determine whether or not the contract can continue to maintain its effects on the basis of objective criteria.
Chirkin V.E. - Three global legal systems of modernity: convergence and antagonisms


Abstract: The author examines the classifications of legal systems and legal families that exist in the Russian and foreign literature, and notices their inaccuracies. The terms “legal system” and “legal family” are often used interchangeably, different social essence of the major legal systems is ignored. Anglo-Saxon law and totalitarian socialist legal system are in the same classification unit. It is offered new approaches and synthesis. The author uses the historical, logical, deductive, inductive and comparative research methods, applies the formational-civilizational approach and, on this basis, identifies three major legal systems in the modern world: the Muslim system, liberal semi-social capitalist system and the totalitarian socialist system. On the basis of socio-culturological legal approach within each of the global systems, the author highlights the legal families. In the Moslem system there are fundamentalist (radical) and modernized (upgraded) legal families, but also for another reason - the Sunni and Shiite communities legal families, in the liberal semi-social capitalist system there are Anglo Saxon, the Romano-German and other families, in the totalitarian socialist system - orthodox Leninist-Bolshevik and modernized partly, upgraded (but only in the area of economic regulation) family.
Trofimova I.N. - Indexes and objectives of the socio-economic development of the Russian regions


Abstract: This article examines the peculiarities of the socio-economic development of the regions in Russia. The relevance of this research is justified by the growing disparity between various social classes, as well as separate territories. A special attention is given to the analysis of the correlation between the level of gross regional product (GRP) per capita and the level of average monthly income amongst region’s inhabitants. These indexes are reviewed not only as important factors of current situation within the regions, but also as strategic markers of a long-term socio-economic development. The theoretical and methodological basis of the research consists of the combination of positions that argue the greater importance of internal potential of socio-economic development of the regions in comparison to the administrative and political factors. The main conclusion of the research is determination of the existing disparity within the current socio-economic position of the regions and unfounded domination of the administrative and political approaches in setting the long-term goals for regional development. Inclusion of the indexes of the average monthly income and GRP into the long-term strategies for the socio-economic development of the regions must account not only for the administrative measures, but also for the development of internal potential of the regions, their cultural, economic, and social specificity.
Political science
Bajrektarevic A.H. - Asia needs ASEAN-ization not Pakistanization of its continent: why is (the Korean peninsula and East) Asia unable to capitalize (on) its successes


Abstract: The author attempts to determine why Asia (despite its economic success) is unable to capitalize on its successes. Author believes that no Asian century will emerge with deeply entrenched divisions on the continent, where the socio-political currents of the Korean peninsula are a powerful daily reminder that the creation of such a pan-Asian institution is an urgent must. Unsolved territorial issues, sporadic irredentism, conventional armament, nuclear ambitions, conflicts over exploitation of and access to the marine biota, other natural resources including fresh water access and supply are posing enormous stress on external security, safety and stability in Asia. Author affirms that what China needs in Asia is not a naval race of 1908, but the Helsinki process of 1975. In return, what Asia needs (from China and Japan) is an ASEAN-ization, not a Pakistanization of its continent. Author points out that ASEAN might be the gravity center of the consolidated diplomatic and socio-political action, and a place of attraction for many Asians in the decades to come.
Philippov V.R. - Uranium factor in Frances foreign policy towards Africa


Abstract: Use of the comparative political analysis allowed the author to identify certain trends within France’s foreign policy towards Africa of the beginning of this millennium. Analysis of the geographic localization of the expeditions of the French armed forces into Africa confirms the fact that the Élysée Palace initiated the peacekeeping and humanitarian interventions within the territories of the sovereign nations of the Dark Continent whenever France faced a serious threat to their energy security. The threat to the interests of the French state corporation AREVA, which specializes in recovery and refinement of uranium ore, was always followed by operations of the special services and military interventions in Niger, Mali and the Central African Republic. The methodological basis for this research consisted of the systemic, structural-functional, comparative-historical approaches, methods of analysis, synthesis, observation, and modeling. The author substantiates the opinion according to which the rapid escalation of the competitiveness and the African uranium markets, emergence of new players in these markets, first and foremost China, prompts France to resort to various forms of political and military pressure (from political assassinations and incitement of confessional and tribal conflicts to direct military intrusion) upon the political elites of their former colonies. A conclusion is made on the fact that it is the direct dependency of the French nuclear power plants, and therefore the whole French economy, upon the African uranium defines the main vector of the Africa policy of the Fifth Republic.
Bobyleva A.Z. - Modern investment and financial capabilities of Russian oil companies


Abstract: The subject of this research is the investment priorities of the oil industry of Russia and their financial capabilities to realize the oil projects under the conditions of current system of taxation, drop in the oil prices, fall of the ruble’s value, and sanctions. The need for a tax stimulus is being looked at from the point of view of the main segments of the industry – oil recovery; oil refining; hydrocarbon exploration; geographical changes of extraction; rationality of investments into large, medium and small petroleum businesses; prospects for development via organic and inorganic growth in the industry. In examining the financial sources for increasing the investment activity, the author highlights the possibilities and limitations of using personal and credit resources, direct and indirect participation of the government. The investment potential and risks of the industry are being assessed within the industry as a whole, as well as in the largest Russian companies by comparison with the leading foreign companies. The author concludes that the anti-crisis company programs must be based on the review of their portfolio of projects: reducing the portion of the costly projects of increasing yield for the HTR, while exanding the portion of the less costly projects of improving energy efficiency; systemic management of the operating, investing, and financial expenses of the company, as well as improving productivity. The government in turn must make decisive steps towards switching to the new regime of taxation that would insure a stronger interconnection of the financial result and taxes, and would stimulate development of new oil deposits and deep refining, allowing companies to make new plans for the future.
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