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Том 10, № 1 (2020)

Articles

The aspects of the innovation of the military-industrial complex and its significance for the national security of Russia

Orlova I., Sukharev A., Sukhareva M., Deikun M.

Аннотация

The main objective of the article is to substantiate a systematic approach to the introduction of all types of innovations in the development of the military-industrial complex of the Russian Federation. The relevance of the study is due to the fact that in the modern world it is especially important to ensure the national security of the country and the defense industry plays a crucial role in this. At the same time, one cannot but note the importance of the defense industry in the production of high-tech civilian products and dual-use products, which enhances the country’s competitiveness in the world market. In addition, the relevance of the topic is due to the presence of rather serious problems in the Russian defense industry, which require immediate resolution. The article uses the methodology of structurally functional analysis, the institutional approach and the method of comparative assessments. The authors conclude that technological innovation alone will not be able to achieve strategic results for ensuring national security, only in conjunction with organizational, product, social and marketing innovations, the domestic defense industry is able to solve its tasks.
Sociopolitical Sciences. 2020;10(1):15-20
pages 15-20 views

The problem of constitutionalism in domestic constitutional projects of the second half of the XVIII century

Shul’zhenko Y.

Аннотация

Today, one of the most important, most difficult tasks in Russia is the development, improvement of real, practical constitutionalism. For its successful solution, of great importance is the study, taking into account the historical experience of our country in this area. And it is precisely in this that the relevance of the presented article lies, which is devoted to the analysis of the first domestic constitutional projects that appeared in the second half of the 18th century, the consolidation, regulation of the institutions of constitutionalism in them, their possibility of using, of course, with appropriate amendments in modern conditions. Note that these issues have been and remain in the focus of attention of foreign scientists, for example, D.L. Ransel, S.N. Wittaker, C.S. Lenard, M. Raev,Bartolissi.The author’s approach to the very concept of “constitutionalism” as a multilateral phenomenon associated with the real presence of the constitution is presented; practical constitutionalism; theoretical constitutionalism. The characteristic of constitutional drafts, theprovisionscontainedinthem, concerningconstitutionalismofrepresentativesofvariouskindsofcurrentsofpoliticalandlegalthought of the second half of the 18th century, and especially the nobility, enlightenment, and popular movement, is given. Based on the analysis, it is concluded that, first of all, in the Russian constitutional projects of that time, three most important institutes of constitutionalism are fixed - representation, and in this regard, representative democracy, parliamentarism; self management; separation of powers. Their contents are disclosed. Note that all these three institutions are present in modern Russia. But the question of their improvement, real effective functioning remains in demand. First of all, three fundamental research methods were used in the work: dogmatic; historical and legal; comparative legal. The article is of interest to government officials, students, university professors, researchers, all those who are interested in issues of constitutional law of the Russian Federation, the domestic history of the state and law.
Sociopolitical Sciences. 2020;10(1):21-27
pages 21-27 views

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

Aliyev A.

Аннотация

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right.It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky,Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors.The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.
Sociopolitical Sciences. 2020;10(1):28-32
pages 28-32 views

Approaches to understanding the structure and components of the political class

Solovieva D.

Аннотация

The article discusses approaches to understanding the structure and components of the political class from the origins oftheformationofelitologytomodernideas.Variousstructuralschemesareillustratedandpreferenceisgiventotheconceptofconcentric circles. Within the framework of this concept, as the most explanatory, the key components of the political class are identified: the political elite, administrative bureaucracy, parliamentary corps, political advisers and consultants, political journalists. Although it is recognized that such a list of components is not a universal standard, it is used as a research prism to better explain the nature and functions of each component to the reader. Such attention to the components of the political class is necessary to understand the process of making political and managerial decisions in an ideally typical design and in a particular country, since the key functions of the components and their roles are preserved in almost any political system, albeit with country-specific features. In some countries, a specific component, for example, the parliamentary corps in parliamentary republics, comes to the fore, which determines the configuration of the whole process of making essential decisions. In presidential systems, on the contrary, there are cases when the administrative class, that is, the executive branch, becomes decisive in the process of formulating a political course. Time also makes adjustments to the structure of the political class, and today in a stable democratic community the political media component begins to play an increasingly important role, because in an era of accelerated dissemination of information and “post-truths”, real journalistic investigations can play a decisive role in shaping the agenda and even lead to the transformation of the political class as such. Thus, there is no doubt that each component of the political class and its functions should be studied.
Sociopolitical Sciences. 2020;10(1):33-39
pages 33-39 views

Political role and specificity of regional parliamentarism in conditions of modern Russia

Melnikov A.

Аннотация

The article analyzes modern Russian regional parliamentarism on the basis of a institutional and systematic method and determines its actual political role. It is proposed to classify Russian regional parliamentary systems on such grounds as the type of regional legislative bodies, the alignment of political forces, and the formal and informal role of the Parliament in the political life of the regions, including local political customs (specifi It is concluded that, on the one hand, regional parliamentarism in modern Russia is characterized by increased pressure from the Executive power and predominance, but, on the other hand, there are a number of functional elements of representation in the political systems of Russian regions and trends in the effective functioning of parliaments are observed.
Sociopolitical Sciences. 2020;10(1):40-43
pages 40-43 views

Flexibility as a principle of building a judicial systems of the Russian Federation: Example general jurisdiction court of appeals

Korshunov Y.

Аннотация

The article discusses the principles of building the judicial system of the Russian Federation. The author to single out such a principle of building the judicial system as its flexibility. This principle is related to the burden on judges and the ability of the judiciary to proportionally change the burden on judges of courts of various levels in order to create appropriate working conditions and, as a consequence, the proper performance by judges of their duties in the administration of justice. The author considers this principle on the example of courts of appeal of general jurisdiction, with the creation of which another gap has been eliminated in the possibilities of state protection of citizens’ rights. He concludes that at present, unlike the pre-reform state, the judicial system has become more flexible, which can be used by the legislator to properly protect the rights and freedoms of citizens.
Sociopolitical Sciences. 2020;10(1):44-48
pages 44-48 views

To the issue of the activity of the thematic block “Electronic Customs” in the Eurasian Economic Union

Mozer S., Sekerbayeva D.

Аннотация

Purpose. To analyze the development of the legal institute of digital (electronic) customs within the framework of the Thematic Block “electronic customs”, as well as an Expert Group on the preparation of a draft document «On the development of approaches to the formation of digital customs” in the Eurasian Economic Union.Design/methodology/approach. The research article is devoted to the formation of the institute of electronic (digital) customs. The subject of the research is the institute of digital (electronic) customs. The activities of the Eurasian Economic Commission (EEC) for the development of digital (electronic) customs are comprehensively considered. The issue of creating digital customs in the context of the functioning of the Thematic Block“electronic customs”(thematic block) is analyzed. Special attention is paid to the same questions within the framework of the work of the Expert Group on the preparation of the draft document «On the development of approaches to the formation of digital customs”(expert group). The authors analyze the competence and procedural aspects of the Thematic Block.Social implications. The introduction of the digital customs institute into the law of the Eurasian Economic Union (EEU, Union) and customs regulation as a whole are aimed at optimizing customs operations and simplifying trade procedures.Practical meaning. The results of the study are of interest to the EEC customs block; they can be used in the framework of organizing the work of the “Electronic Customs” Thematic Block and Expert Group. The article is recommended to researchers, as well as experts from the Customs Administrations of the EEU Member States and the World Custom Organization (WCO), whose activities are related to the improvement of customs regulation, the modernization of the digital customs institute, as well as international customs law.Originality/value. The research material is based on an analysis of the practical aspects of the EEC’s and the WCO activities and is a continuation of scientific and practical publications on the development of the digital customs institute.
Sociopolitical Sciences. 2020;10(1):49-59
pages 49-59 views

Consular law and consular protection of citizens and legal entities in modern times and their legal basis

Ryazantsev A.

Аннотация

The necessity of writing this article is conditioned by the active development of consular law, which, as part of international law, evolves directly under the influence of world political and economic processes. At the beginning of the twentieth century, an impressive number of consulates operated in Europe, North and South America, Asia, the middle East, and partly in Africa.The legal acts regulating the consular sphere of influence, concluded in Russia in the 19th century, had not only national significance, but also international significance. All adopted conventions, treatises, agreements and charters were elements that form the system of public international law as a whole.With the formation of a new state in the former Russian Empire, it became necessary to adopt a new legal framework regulating consular activities.
Sociopolitical Sciences. 2020;10(1):60-65
pages 60-65 views

Environmental and legal problems of ensuring biological safety in the Arctic zone of the Russian Federation

Zhavoronkova N., Agafonov V.

Аннотация

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.
Sociopolitical Sciences. 2020;10(1):66-69
pages 66-69 views

Legal protection of lake Baikal: Problem statement

Khozikova E.

Аннотация

The purpose of writing a research paper is the need to improve the effectiveness of environmental safety through legal means. Themainmethod used in writing the work is the dialectical method of cognition of the surrounding reality. In addition, when writing the work, a number of general and special methods of scientific knowledge were used. So, the historical method was used in the analysis of historical processes of development of legal protection of lake Baikal. The comparative legal method allowed to consider the features of international legal protection of environmental rights. The document analysis method was used to study the legislation governing the protection of lake Baikal. Theresults of the study indicate that in order to ensure proper protection of lake Baikal and simplify the local population, it is advisable to unify the various legal regimes while systematizing the restrictions established by the existing regimes on the natural territory of lake Baikal. The refusal to establish the requirements of various regimes, the definition of the boundaries of the territories not of each individual type of special regime, but of the common borders of protected natural territories, the consolidation of the exhaustive requirements and restrictions on this territory in the single regulatory act will ensure a comfortable stay in this territory, reliable protection of natural resources from negative impact environment and the establishment of personal responsibility of all persons.
Sociopolitical Sciences. 2020;10(1):70-74
pages 70-74 views

Fundamentals of the methodology of prosecutorial supervision over the implementation of legislation on production and consumption waste by the territorial divisions of Rospotrebnadzor

Dymolazov V.

Аннотация

In the article, the author proposes a methodology for conducting prosecutorial verification of the quality and effectiveness of the state sanitary and epidemiological supervision of the implementation of legislation on production and consumption waste carried out by the territorial departments of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, outlines the main issues that need to be clarified during the audit.
Sociopolitical Sciences. 2020;10(1):75-78
pages 75-78 views

Ecological crisis as a reflection of the spiritual crisis from the position of the Russian Orthodox Church

Markova N.

Аннотация

The article is devoted to the consideration of the attitude of the Russian Orthodox Church to environmental problems in the modern world. Orthodoxy looks at a person and the world around him as a creation of God, urging him to respect and love nature - a gift of God. Orthodoxy sees the cause of environmental disasters in the lapse from virtueof a person who, imagining himself the ruler of the world, brought the natural world around him to a state of crisis. A person, having incorrectly built a hierarchy of values, puttingmaterial values in the foreground, led nature to death. The revival of nature is a direct responsibility of a person. But, from the position of Orthodoxy, indicating a close relationship between the decline of morality and the crisis state of the environment, a natural revival is possible only in the case of a spiritual revival.
Sociopolitical Sciences. 2020;10(1):79-83
pages 79-83 views

Socially significant personality traits of an official inclined to commit corruption crimes

Bondar A.

Аннотация

The development of relevant methods for the prevention of corruption tricks is closely related to the study of the characteristic socially significant features of the identity of the criminal offender. The personality traits of a person prone to commit corruption crimes are reflected in the specifics of the committed illegal torts, thereby the importance of analyzing these positions is primarily that it is primarily designed to develop measures to prevent corruption. The purpose of the study is to identify and theoretically describe criminological features, as well as specific socio-political and economic factors of the corrupt environment, which can have a significant impact on the formation of the identity of a corrupt criminal.
Sociopolitical Sciences. 2020;10(1):84-89
pages 84-89 views

Social, psychological and legal aspects of the probation service foreign countries

Gabaraev A., Timofeeva T.

Аннотация

The article discusses the features of criminal law regulation and the socio-psychological work of probation services in a number of foreign countries. Existing programs of foreign probation services used by psychologists to work with offenders are analyzed.The authors raised issues related to the establishment of the state probation service in the Russian Federation. The problems of applying the probation institute in the framework of reforming the Russian penal system are analyzed, the concept, signs and characteristics of the probation institute are given.Possible prospects for the development of a probation service are given, taking into account foreign experience, and also some aspects of improving the system of execution of sentences not related to deprivation of liberty are considered.
Sociopolitical Sciences. 2020;10(1):90-95
pages 90-95 views

Features of the implementation of mediation in correctional institutions

Fakov A.

Аннотация

Currently, as part of the resolution of civil cases, a new method of resolution has appeared - the mediation procedure. Its advantages are undeniable. Despite the fact that the legislation does not provide for the application of the procedure in the penitentiary system, some cases of mediation in isolation from society indicate the effectiveness of this method of resolving conflicts in correctional institutions. In this regard, it is concluded that it is advisable to implement pilot projects to introduce mediation in the activitiesof correctional institutions located in different regions of the Federation. The author substantiates that the use of mediation technologies when working in conditions of isolation from society will give impetus to positive changes in society and will contribute to the correction of convicts.
Sociopolitical Sciences. 2020;10(1):96-99
pages 96-99 views

International personality of artificial intelligence as a cyberspace socio-political phenomenon

Nikiforov S.

Аннотация

The purpose and objectives. The main goal is to predict international legal regulation and status of artificial intelligence as a virtual reality phenomenon. To achieve this goal, the article aims at analyzing actual legal literature and expert studies modeling artificial intelligence regulation, as well as existing norms and principles of the national and supranational legal framework of different countries and regions. Methodological approach. The method of legal forecasting plays a key role, achieving the main goal of the study. General academic methods, as well as elements of legal comparative method, legal historical method and the legal interpretation method also serve as instrumentation of the research. Results and conclusions. The article reveals the features of the modern formal and theoretical legal base on artificial intelligence, gives a forecast for the development of its regulation, and proposes the concept of a universal international treaty on artificial intelligence. The need is postulated to formalize norms and principles governing development, production and operation of artificial intelligence, as well as subjectification of artificial intelligence systems in heterogeneous legal statuses. Originality and value. The study is valuable in view of its relevance and originality. It focuses on comprehensive forecasting of the artificial intelligence international legal regulation, conceptual modeling of a universal agreement on artificial intelligence.
Sociopolitical Sciences. 2020;10(1):100-105
pages 100-105 views

About dissonance in the cognitive approaches of determining objects of copyright with the use of specialist’s special knowledge

Zhdanov S., Skryachev A., Hovrachev R.

Аннотация

He article deals with the problem of legal regulation of legal relations concerning the object of copyright and official work. On the example of a particular court case, some methodological approaches to the resolution of legal disputes over the object of copyright and official work, including the use of special knowledge of a specialist, are determined. Based on the study, the authors conclude: the division into types of works is largely conditional; the works of science are understood as any works directed to the systematization of knowledge about objective reality, as well as to the development of means, techniques and methods of practical application of this knowledge; the role and conclusions of the expert on the subject of evidence in the trial are clearly underestimated.
Sociopolitical Sciences. 2020;10(1):106-115
pages 106-115 views

The right of the child to choose (self-realization) in the system of rights under the legislation of the Russian Federation: Achievements, problems, ways of protection

Letova N.

Аннотация

A task. The author of the article set himself the task of identifying the legal nature of the right of the child to choose, his self- realization in the general system of children’s rights under the legislation of the Russian Federation. Model. To solve such a theoretical problem, it is necessary to study the essence of this right, identify its features, identify the main factors that impede the realization of the child in the family. Findings. Different kinds of factors influence the child’s self-realization, both objective (his living conditions in the family, family relationships) and subjective (his child’s individual abilities, skills, character), which together create the conditions for the realization of such a child’s right. The scope of the study. Limited by relations in the field of family, social law, civil process of the Russian Federation. Practical value. The determination of the nature and purpose of the child’s right to choose and self-fulfillment will make it possible to formulate new measures to protect families with children and families in difficult situations in order to properly implement this child’s right in practice. Social consequences. Identification of social reasons that impede the normal implementation of the child’s choice, elimination of such reasons will contribute to the development of the most effective mechanisms that will allow the child to achieve success in society. Originality, value. Studying the child’s right to choose other rights in the system provided for by the legislation of the Russian Federation will determine the factors that prevent the child from exercising such a right, for example, the poverty factor, formulate new protection mechanisms for families in difficult situations, and therefore protect the interests of children living in such families, thereby realizing their right to self-realization.An analysis of the current legislation on measures to support families with children allows us to conclude that the state is ready to combat poverty in our country.
Sociopolitical Sciences. 2020;10(1):116-122
pages 116-122 views

Needs of the child in determining the amount of alimony

Serebryakova A.

Аннотация

A task. The author of the article set a task to answer the question-whether the needs of the child are taken into account when determining the amount of alimony under Russian family law. Model. To solve this problem, you need to investigate the issues of legal regulation of relations of limitirovanie in the Russian Federation, to identify the extent of the child’s needs to propose mechanisms accounting for the needs of children in determining the amount of alimony. Findings. According to the Russian legislation on alimony, the amount of alimony is determined without taking into account the needs of children. It is necessary to use such mechanisms as fixing the minimum amount of alimony guaranteed by the state, taking into account the age of children when determining the amount of alimony, “complex” formulas, when calculating alimony payments. Practical significance. The author of the article believes that the criterion for creating the necessary stable material base that meets the needs of the child will be the definition of his needs, as well as the ability of parents to meet them. Social consequence. Additional safeguards taking into account the needs of the child in determining the amount of alimony - fixing the minimum amount of maintenance guaranteed by the state, the age of the children when determining the amount of alimony, the use in the calculation of “complex” formulas, create a Federal information database of the maintenance payer and dual monitoring, at the stage of deciding on the alimony with a preventive purpose, and at the stage of execution of the obligation to pay child support - will allow you to resolve a systemic problem in alimony arrears. Originality, value. The systemic crisis in the theory and practice of legal regulation of alimony relations and the practice of applying the legislation on alimony suggests that there are indeed problems in the legal regulation of alimony relations, which entail problems in the practice of applying the provisions of the current legislation. The implementation of the author’s proposals will allow us to formulate new mechanisms of alimony, which means to apply new approaches to the protection and protection of subjects of the legal relationship of alimony.
Sociopolitical Sciences. 2020;10(1):123-128
pages 123-128 views

Peculiarities of involving minors to commit crimes

Akkaeva H.

Аннотация

The article describes how to involve minors in the commission of crimes. The author highlights the features of this process. The concept of “involvement” is not fixed in Russian legislation. In this regard, in practice, there are difficulties with the qualification of an act. In this article, the author makes an attempt to determine what acts fall under the concept of “involvement”, and also highlights the organization of effective preventive and preventive activities as a promising direction in the fight against this crime. Attention is focused on the need for constant and comprehensive work with the legal culture of minors.
Sociopolitical Sciences. 2020;10(1):129-131
pages 129-131 views

Causes of juvenile exposure to physical and psychological violence in the family and preventive measures

Nedostypenko T.

Аннотация

The article discusses the prevention of physical and psychological violence against minors. The causes of victim behavior of adolescents are identified, and factors affecting the formation of such behavior in a child. The reasons for the juvenile experiencing physical or psychological violence are examined, and the consequences of such exposure are revealed. A legal assessment of the importance of preventive accounting is carried out, and certain shortcomings are identified in the form of the absence of legal consequences for the persons on it. The author argues the need for a long individual work by psychologists and social services with an accountable element, and minors who have suffered physical or psychological violence. Methods of identifying adolescents who have been subjected to illegal assaults, or who are in a negative environment, are disclosed.
Sociopolitical Sciences. 2020;10(1):132-136
pages 132-136 views

Retrospective analysis of sport as a sociocultural phenomenon

Fedoroskaya M.

Аннотация

The purpose of the research is to analyse how the values of sport and its significant features are developed in time. The retrospective analysis of sport allows us to define and disclose genuine theoretical and methodological values of the sports phenomenon.This research uses historical and logical methods of social pattern development in sports as well as theory-methodological analysis. Generalization of scientific and educational literature and the materials devoted to studying in sport as the sociocultural phenomenon was performed. Empirical pivot for this research were the works accomplished by foreign and domestic scientists and experts in the field of formation and evolution of the sport as a sociocultural phenomenon.Within the subject of political thought, social and humanitarian knowledge development, there was a colligation of key factors executed to define the main stages of evolution in sport and formation of its sociocultural essence. Various interpretations of the sport being analyses and presented to carry out this research.Foreign and domestic researchers use two main interpretations of sport. Broadened and narrowed interpretations led to the formation of two main concepts in the historiography of the sport. First is the history of the sport as a physical culture which analyzes corporal human knowledge. Second is sports history as a sports contest for human development. Ancient sports activities (during prehistoric times) as the need for survival and further existence of people (the strongest wins) by means of the physical exercises imitating hunting and fighting actions. These main concepts and originations of sport define its essence and influence onto the functioning of socium.
Sociopolitical Sciences. 2020;10(1):137-142
pages 137-142 views

National military music of Russia as a factor of patriotic education

Khmelevsky S.

Аннотация

The author of the submitted article argues that Russian military music has become a kind of tuning fork for the soul of the Russian army. Its functions acquired a clearly defined ethical, ritual, pragmatic, aesthetic orientation. The tasks of the phenomenon of domestic military music and its institutions (primarily, full-time military song and dance ensembles) are: the formation of respect for domestic history; the awakening of love for the small and large homeland; the generating of positive social feelings, attitudes, motives, value orientations, fixing them in the minds of military personnel; the keeping up their fighting spirit; the propaganda of traditions, customs, rituals historically established in the Armed Forces, rules of conduct of military personnel, both in peacetime and in wartime; the personification of a nation, its consolidation around the country’s political leadership. And this is the enormous power of military music as a factor of patriotic education.
Sociopolitical Sciences. 2020;10(1):143-150
pages 143-150 views

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