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卷 11, 编号 3 (2021)

Articles

Legislative Function of the Commissioner for Human Rights in Russia

Kulishenko E.

摘要

The purpose of the study. In this article, based on the analysis of constitutional and legal provisions and theoretical sources, the law-making function of the Commissioner for Human Rights in Russia is considered. The purpose of the study was to identify the content of the legislative function of the Ombudsman, as well as to develop proposals and recommendations aimed at modernizing the constitutional and legal regulation of the designated function of the Commissioner. Conclusions. In the course of the study, it is concluded that it is advisable to give the right of legislative initiative to those commissioners who are appointed by legislative (representative) bodies at both the federal and regional levels, regardless of whether they perform the functions of “general competence” or belong to specialized ombudsmen. It is noted that the function of the Ombudsman to improve legislation (legislative function) in the field of human rights is important in the process of eliminating shortcomings and gaps in existing legislative acts and bringing them into line with international standards.
Sociopolitical Sciences. 2021;11(3):13-18
pages 13-18 views

Conflicts Between Russia and the Republic of Belarus in the Oil and Gas Sector in the Context of Political Integration Processes in the Eurasian Space

Raihert A., Tereshina E.

摘要

The article examines the conflicts between Russia and the Republic of Belarus in the oil and gas sector, presents their background, dynamics and consequences (2004-2019). The authors examine the historical, political and economic relations between the two states. The analysis of some treaties contributing to the development of integration of Russia and Belarus in the Eurasian space is carried out. Against the background of unfolding integration, conflict tensions are growing in relations between the two states in the economic and political sphere. The article presents the true interests, motives and strategy of behavior of Russia and the Republic of Belarus in the oil and gas conflict. Based on the full identification of the interests and motives of the two parties, the authors propose an alternative way to resolve this conflict. When studying the specifics of conflict relations between Russia and the Republic of Belarus, the authors used the systemic and institutional approaches, the case study method. Particular attention is paid to the specifics and nature of the course of conflicts. It is emphasized that the core of this conflict between the Russian Federation and the Republic of Belarus is based on the economic problems of bilateral relations between Russia and Belarus in the field of oil and gas supplies. The purpose of the study is to determine an alternative way of resolving the conflict between Russia and the Republic of Belarus, based on the full identification of the interests and motives of the parties. Against the backdrop of unfolding integration, conflict tensions are growing in relations between the two states, not only in the economic but also in the political sphere. The article describes the true interests, motives and strategy of behavior of Russia and the Republic of Belarus in this conflict. Russia’s interests boil down to obtaining a high cost for the production and export of oil, to deepening the integration of the EAEU member states. The Republic of Belarus is interested in raising prices for oil and gas transit through its territory, as well as in developing a multilateral foreign policy, not limited only to cooperation with Russia and the EAEU countries. The lack of results of long-term bilateral negotiations on this issue shows the need to find alternative options for its resolution. The authors see the solution to the problem in mediation. The involvement of qualified conflict experts, professional mediators, lawyers will help not only to reduce the dissatisfaction of the conflicting parties, but also to develop a plan of joint actions.
Sociopolitical Sciences. 2021;11(3):19-25
pages 19-25 views

International Economic System and International Law

Shumilov V.

摘要

The purpose and objectives of this article are to provide a comparative analysis of the development of the international economic system and international law. Methodological approach. The work uses general scientific methods, as well as the method of legal interpretation and the comparative legal method. Results and conclusions. The article reveals the concept of the international economic system (MEA) as particularly significant for the most important sections of a number of sciences - economics, political science, philosophy, and law. It is shown that the MEA is the reality that each science studies from its own point of view. It is in the international economic system - on the territory of all States of the world-that the production of goods and services takes place, commodity flows are formed, and the cross-border movement of goods, services, financial instruments, investments, and labor is carried out. National law and international law serve as a kind of legal superstructure over these realities; through the two systems of law, States manage processes and regulate all types of relations in the international economic system. The originality and value of the work lies in the identification of the relationship between the MEA and international law. The author examines how international law is involved in the process of regulating international economic relations at all levels and how it will change along with the transformation of the MEA, which is taking place in our time.
Sociopolitical Sciences. 2021;11(3):26-31
pages 26-31 views

Investment Dispute Settlement Mechanism under the Implementation of Chinese Foreign Investment Law

Zhang Z., Yue Q.

摘要

With the formal implementation of the Foreign Investment Law, a multi-level dispute settlement mechanism targeted at disputes has been formed. Under the background of the implementation of the foreign investment law, diversified investment dispute settlement is forming and will go through innovation, especially under the background of open-up investment dispute settlement mechanism. Multi-level investment disputes relate to both domestic and international level, “wall” function for international investment dispute settlement mechanism may realize through the principle of exhaustion of local remedies.
Sociopolitical Sciences. 2021;11(3):32-41
pages 32-41 views

Review and Prospect of Cultural and People-to-people Exchanges Upon the 20th Anniversary of the Establishment of Shanghai Cooperation Organization

Ding Y.

摘要

After two decades in pursuit of sound development, the Shanghai Cooperation Organization (also known as the SCO) has come a long way in the cooperation on security, economy and people-to-people exchange with the rest of the world. With profound and time-honored history and culture, the SCO has seen remarkable outcomes in terms of cultural and people-to-people exchanges. Among other things, the SCO has created the Shanghai Cooperation Organization Forum, founded the University of Shanghai Cooperation Organization, and held various cultural activities such as “Cultural Year”, “Cultural Day” and “The Year of SCO States”. However, cultural and people-to-people exchanges have been challenged by misunderstandings and differences caused by cultural differences, complex regional situations aimd the process of development. Cultural and people-to-people exchanges between the SCO member States are far from balanced. It is necessary that we dive deep into the approaches to promoting cultural and people-to-people exchanges of the SCO and best benefiting the SCO member States from cultural and people-to-people exchanges.
Sociopolitical Sciences. 2021;11(3):42-59
pages 42-59 views

Global Dual Value Chain - from the Perspective of Chinese Economy

Zhao F.

摘要

In the context of globalization, there are new trends of evolution in the world economy. This article has reviewed the structure of the world economy, which is gradually transforming from a center-periphery economy model focused on developed countries into a more complex dual-circulation model. According to the model of the global dual value chain, China occupies an intermediate position and is a key link in the global dual-circulation chain between developed and developing countries, which determines its role between the upper and lower levels of the system.
Sociopolitical Sciences. 2021;11(3):60-66
pages 60-66 views

Digital Crimes, Committed Against Robots

Begishev I.

摘要

The purpose of the research. The rapid development of end-to-end digital technologies, the introduction and application of robotics determines the need to find solutions to the problems of protecting public relations related to the digital security of robots. A robot is essentially a software and hardware tool, the functioning of which is impossible in the absence of a digital code of a computer program. These programs are not characterized by significant differences from the software of other digital devices, which is why the entire range of attacks, including unauthorized access and the introduction of malicious computer programs that are currently committed against conventional computer equipment can be extended to their computer programs. Results. The conducted theoretical research allowed us to come to the following main conclusions: 1) unauthorized access can be carried out not only to information stored, processed and transmitted by means of computer and other microprocessor technology, but also by robotic devices; 2) if a malicious computer program contains elements of digital code that make it suitable for capturing robot control, it becomes an increased public danger; 3) if the robot against which the attack was carried out is an integral part of an automated control system or an information system of a subject of a critical information infrastructure, the responsibility must come under article 274.1 of the Criminal Code of the Russian Federation, since the robot falls under the characteristics of the subject of this crime. Based on the considerations of ensuring the digital security of robots and countering their illegal use, we find it possible to propose to the legislator to supplement the Criminal Code of the Russian Federation with rules on liability for unlawful access to legally protected computer information contained in the robot, if this act entailed the seizure of control of the robot and for the creation, distribution or use of computer programs or other computer information, deliberately intended to capture control of the robot.
Sociopolitical Sciences. 2021;11(3):67-73
pages 67-73 views

Legal Approaches to Minimizing Risks, Related to the Use of Artificial Intelligence Technologies

Kozyreva A., Nadtoka R.

摘要

The article discusses the problems arising from the implementation of artificial intelligence technologies in the solution of certain industry problems. The processes occurring in society when making decisions using artificial intelligence technologies are analyzed. The aim of the study is to establish a list of problematic aspects, the solution of which from a legal point of view will help to minimize violations of human rights and freedoms when using artificial intelligence technologies. The need to determine the main directions for the development of international and national legislation in the context of the development of digitalization and the introduction of artificial intelligence technologies in various spheres of life. As a result of the study, the authors come to the conclusion that in the system of international and national legislation it is necessary to maintain a balance with the necessary development based on the observance of ethical standards in the implementation of artificial intelligence technologies.
Sociopolitical Sciences. 2021;11(3):74-79
pages 74-79 views

Plea Deals or pre-Trial Cooperation Agreements: A Comparative View of Japan’s New Institution of Criminal Procedure Law

Volosova N.

摘要

The article examines the new institute of criminal procedure law in Japan, which provides for the possibility of reaching a certain agreement between the defense and the prosecution. Conciliation procedures have become a fairly common legislative practice in many States, which should be considered as a global trend.
Sociopolitical Sciences. 2021;11(3):80-85
pages 80-85 views

The Concept of e-Justice Development in Extreme Conditions: The Experience of Russia and Abroad

Fokov A.

摘要

The purpose of the study. The article examines the problems of including electronic justice in the judicial activity in extreme conditions and the possibility of its implementation in the practice of protecting the constitutional rights and legitimate interests of individuals and legal entities in Russia and abroad. It is determined that, in accordance with UN General Assembly Resolution No. 74/306, adopted on September 11, 2020 at the 64th plenary meeting of the 74th session, “Comprehensive and coordinated responses to the coronavirus disease pandemic (COVID-19)”, States must ensure that all human rights are respected, protected and respected in the fight against the pandemic in full compliance with their obligations and obligations under international law, including international humanitarian law and international human rights law, which follows from the International Covenant on Civil and Political Rights (article 4). It is established that the legal mechanism of restrictions, including in the. Conclusion. As a result of the conducted research, it is determined that the main problem associated with the development of electronic justice is that at the state level it is necessary to improve the mechanism for the administration of justice in extreme conditions. The solution of this problem requires the creation of a scientifically based and confirmed by world practice algorithm for correcting the legal norms of the current federal legislation, which forms the organizational and legal mechanism of justice, ensuring its functioning in extreme conditions. The use of this approach makes it possible to summarize the accumulated world experience of “electronic justice” in extreme situations, as well as domestic federal and regional experience, and to incorporate legal norms into the current legislation in the digital reality with respect for the constitutional rights and legitimate interests of citizens to implement fair justice.
Sociopolitical Sciences. 2021;11(3):86-91
pages 86-91 views

Prohibition of Certain Actions in the Russian Criminal Process: Problems and Areas for Improvement

Krysin V., Smolin A., Sushkova J., Shigurov A.

摘要

The authors consider a number of topical problems in the practice of applying a preventive measure in the form of a ban on certain actions. An analysis of court decisions testifies to the actual convergence of the content of the prohibition of certain actions and house arrest in terms of imposing prohibitions on the accused related to isolation from society and the prohibition to leave the place of residence, which contradicts the literal content of the norms of the criminal procedure law and creates conditions for arbitrary application of the law and violation the rights of the accused. The authors propose to solve this problem by giving explanations by the Plenum of the Supreme Court of the Russian Federation. The courts should be invited to choose a measure of restraint in the form of house arrest for persons who need to be completely isolated from society. The prohibition of certain actions, both not providing for complete isolation from society, can allow for walks of any length, and a regime when the accused is outside the place of permanent residence for most of the day. The article proposes to expand the possibilities of simultaneous application of the prohibition of certain actions with other preventive measures, as well as to supplement the list of restrictions that the court can impose within the framework of the prohibition of certain actions, by prohibiting the use of alcohol and approaching a certain person.
Sociopolitical Sciences. 2021;11(3):92-96
pages 92-96 views

Soviet Origins of the Doctrine of International Law in Modern Russia

Nikiforov V.

摘要

The purpose and objectives of this article are to define and characterize the Soviet origins of the doctrine of international law in modern Russia. Methodological approach. The work uses general scientific methods, as well as elements of comparative legal, historical and legal methods and the method of legal interpretation. Results and conclusions. The article reveals the Soviet origins of the Russian doctrine of international law, analyzes the Concept of National Security, the Concept of Russian Foreign Policy and the National Security Strategy of Russia, as a development and complement to the Soviet doctrine of international law-the core of the modern doctrine of international law of Russia, which largely corresponds to the generally recognized principles of international law established in the UN Charter. Originality and value. The article shows the historical significance of the Great October Socialist Revolution, the legislative activity of the Soviet government for the progressive development of international law, describes the first decrees, declarations and international treaties of the RSFSR, defines the role of the Soviet Union in the formation of the United Nations and the development of the fundamental principles of international law within the framework of this organization.
Sociopolitical Sciences. 2021;11(3):97-102
pages 97-102 views

Prisoners of the World War I in Siberia and Russian Far East in the Focus of International Humanitarian Law

Ispovednikov D., Starodubtsev G.

摘要

The purpose and objectives of the article are to analyze the application of humanitarian law in relation to prisoners of the First World War. The research focuses on the situation in the Siberian and Far Eastern camps of Russia during the Civil War (1918-1922). A number of solid scientific works are devoted to the treatment of foreign prisoners of war in 1914-1918 in Europe and the Russian Empire, while the adaptation of international law in the context of the statehood’s destruction and the decentralization of power is rarely the subject of distinct exercise. Bridging the gaps, the authors studied, how the successive regimes in the eastern part of Russia observed the IV Hague Convention with Respect to the Laws and Customs of War on Land (October 18, 1907), as the main set of rules that protected prisoners of war. Methodological approach. The situation of captured members of the Central Powers’ armies in Siberia and the Russian Far East was studied on the basis of a set of published and unpublished archival documents. The revealed facts were analyzed in comparison with articles of the IV Hague Convention. It was established how the legal status of prisoners of war changed in 1918-1922, how the conditions for their maintenance and employment were ensured. The role played by foreign charitable organizations in the life of the camps is considered. Results and conclusions. Based on the results of the research, the authors came to the conclusion that during the years of the revolutionary struggle in Siberia and the Far East, the Russian authorities ensured the rights of foreign prisoners of war within the limits of reasonable humanism. However, violations of the IV Hague Convention’s articles were dictated not only by the objective realities of a large-scale crisis in the region, but also by the unfolding information war. The originality and value of the work lies in the study of the situation of prisoners of the First World War in the east of Russia on the basis of the source base expanding and analysis of the application of international law during the Civil War.
Sociopolitical Sciences. 2021;11(3):103-111
pages 103-111 views

Legal and Institutional Framework for the Development of European Interregional and Cross-Border Cooperation

Logvinova I.

摘要

The article identifies the legal and institutional framework for the development of European interregional and cross-border cooperation. The author has studied the problem on the basis of formal-legal, systematic and functional methods. The novelty of the research lies in the use of relevant sources. The article analyzes the experience of European interregional and cross-border cooperation in the context of its possible use in the Russian Federation, where the interaction of subjects of the Russian Federation with the regions of various foreign states, including EU countries, is also developed. Conclusions on the sources of legal regulation in the field of interregional and cross-border cooperation are made as a result of the study, especially the importance of development strategies for individual regions is noted. Attention is paid to preservation of support of inter-regional cooperation in strategic documents of EU for the period of 2020-2024. The necessity of development of interregional and cross-border cooperation within the framework of the Council of Europe is noted. Such cooperation is based on the existing and quite effective institutions and is provided with financial support, which predetermines the interest to such formats of international interaction.
Sociopolitical Sciences. 2021;11(3):112-118
pages 112-118 views

Politics as “Interest Management” and Culture as “Cultural Politics”

Binkovskaya L., Maltsev K., Maltseva A.

摘要

The purpose of the article is to demonstrate the essential unity of the presentation of politics as the management of interests and culture as a “cultural policy” (M. Heidegger) - in the liberal version of the political economic paradigm (J. Agamben). Demonstration as a reduction to the obviousness of meaning presupposes philosophical interpretation as a research method. As a result of the analysis, it is established: in the economic paradigm of the political, what is called modernity is represented in the meaning defined by M. Heidegger. Modernity is given as reality in the mind of a new European subject, anxious to guarantee his safe existence. Replacing the sovereign with an “empty space” as a constitutive of the political order and excluding the sovereign decision as destructive to its reality - and the exclusion of the “saint” as the essence of the transformation of the “creation of culture” into a “cultural artifact”, there are two aspects of the process of “self-assertion” of an autonomous subject, presented as reasonable. “Available individuals” are identical in relation to reason as a “differentiation” of “humanity” and differ “accidentally” as freely self-determining with respect to their “features” - interests; politics and culture are fundamentally presented in the liberal version of the economic paradigm - as the management of interests. Subjectivity, which has become, considers itself to be “unquestionable” and is aimed at “providing life” as cash; politics as management and culture as the “organization of experience” guarantee the safety of the subject as a “historiographic animal”, that is, the implementation of the named goal. As a result of the study, the conclusion is drawn: the presentation of politics as management excludes the “place of decision”, that is, it means the impossibility of an event; culture as a phenomenon of modernity is, according to Heidegger, “the organization of experience”, that is, cultural policy, through “historiographic recalculation”, “filling” the void as a constitutive of modernity, ensuring its endless duration in continuous innovations; reality is verified in the representation of the subject, whose efforts are aimed at obtaining a guarantee of this: in planning and calculation as a security policy. Philosophical interpretation is devoid of practical interest, but measuring opportunity and drawing a boundary provides a view as presently given for scientific research and policy.
Sociopolitical Sciences. 2021;11(3):119-126
pages 119-126 views

Social Feeling as a Spiritual and Psychological Phenomenon

Zimyanina E.

摘要

Article is devoted to one of the central problem of the modern world - problem of socialization. According to conception of well-known philosophers A. Adler, S.L. Frank, C.H. Cooley author considered psychological and philosophical approaches to the problem of social feeling. Author demonstrated concept of social feeling in connection with other categories of social theory. It has paid specific attention to the issue of forming social “self” as contradictory unity of will to power and desire for understanding, support. The philosophical point of view concerning the “I - you” connection as the basis of “I”. The main conclusion of article is the connection social and religious aspects in understanding of forming personality. It is also concluded that successful adherence to social standards of behavior, as well as orientation to cultural values and ideas, helps individuals to implement their program, build social ties of friendship, love and cooperation.
Sociopolitical Sciences. 2021;11(3):127-132
pages 127-132 views

Alimony Obligations: Essence, Material and Procedural Features

Letova N.

摘要

His article discusses the issues of the legal nature of the agreement on the payment of alimony, defines the procedural aspects of the consideration of cases on the recovery of alimony in the courts. Based on the analysis of legal norms, scientific doctrine and materials of judicial practice, the author came to the conclusion that the essence of the agreement on the payment of alimony is heterogeneous, the content and structure of the alimony obligation is complex, court decisions on the recovery of alimony differ in specifics. When writing the article, the following methods were used: synthesis, analysis, the method of comparative law, etc. The practical significance of the work lies in the fact that the agreement on the payment of alimony refers to a special kind of enforcement document, the presence of which allows the parties to settle their relations outside of the judicial process. At the same time, in cases when the parties go to court, the consideration of such cases is peculiar, which is due to the ambiguous legal essence of such agreements, in particular, claims for the recovery of alimony, as a rule, arise within the framework of divorce proceedings, deprivation of parental rights or in the case of establishing paternity. Such requirements are interrelated, the legal basis for combining claims is the content of procedural norms, their consideration in one judicial process eliminates the possibility of making contradictory court decisions. As a result of the research, the author determined the relationship and interdependence of the norms of family, civil and procedural type, which allows in practice to identify the specifics and additional opportunities, new ways of proper execution of court decisions on alimony.
Sociopolitical Sciences. 2021;11(3):133-140
pages 133-140 views

Institutions of Family and Marriage of Western Asia (on the Example of Babylonia, Assyria, Hittite Kingdom)

Lebedeva M.

摘要

Introduction. The article examines one of the topical issues for the history of the Ancient world - the characteristics of the features of the institutions of the family and marriage of the Ancient East. The modern development of historical knowledge reveals not only the reception of the specificity of legal relations that developed in antiquity, but also their transformation, as well as the search for the most universal and acceptable variants of marriage relations, some kind of standards of relations between the subjects of these institutions. Addressing the issue of the formation of the institutions of family and marriage relations through the study of available historical and legal sources is justified and relevant. There are separate scientific studies on this problem, but there are no systematic, fundamental developments. As a rule, the historical and legal sources of Asia Minor (Old Babylonian laws, Assyrian, Hittite and New Babylonian legal acts) are characterized in general terms. The role of the woman of Western Asia, her place in the patriarchal family, is assessed ambiguously. Materials and methods. The material of the research is presented directly through the systematization of theoretical developments on the named family legal relations, as well as the analysis of the legislative monuments of Southwest Asia. Within the framework of the study, the author uses a system-structural method that allows us to consider family-legal relations as an integral system of interrelationships between phenomena and events, to determine the main content of this research topic. The institutional approach used by the author presupposes a systematic study of the legal institutions of family law that have developed in the East during the antiquity. Results, discussion. Analysis of the historical and legal documents of the Ancient East, as well as a comprehensive study of the conceptual provisions of scientific research, allowed the author to highlight the main characteristics and foundations of building a family of the countries of Southwest Asia. Conclusion. The institutions of family and marriage of the ancient Eastern states are built on the norms of patriarchal law. In the subject composition of the family, a woman acts as an equal participant in legal relations. However, in some cases it acts as an object of law («thing», «property»). The author singles out two categories of women: relatively free and completely deprived of legal and legal capacity.
Sociopolitical Sciences. 2021;11(3):141-148
pages 141-148 views
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