Vol 10, No 4 (2020)

The article examines the issues of parliament as a political institution, the main purpose of which is the development and adoption of laws in the interests of the population and the state. At the same time, in addition to law-making, the parliament also performs other equally important functions, among which are representative, control and organizational. It should be noted that the representative function is a priority, because, firstly, it is implemented both through the legislative sphere and through other aspects of the parliament; secondly, representative powers compel us to consider the activity of parliament as a way to realize the collective right of the people to power; thirdly, representation as the central function of the parliament should be ensured in the daily activities of the latter and express the interests of the majority in society, and not just the parliamentary majority itself. The purpose of the study is to analyze scientific research materials and legal regulation of the parliament as the bearer of the supreme legislative power. It should be noted that the fundamental place of representative power is determined by the normative consolidation of the leading role of parliament, where representation is implemented in a very complicated legislative procedure, which is aimed at working out a compromise solution and is due to the removal of social tension and the legitimization of the state apparatus. At the same time, parliamentary law can be considered as a sufficiently formed and dynamically developing branch of law, which does not contradict its characterization as a sub-branch of constitutional law. Parliamentary law, along with suffrage and constitutional procedural law, develops in the fundamental system of constitutional law, and is one of its largest entities. At the same time, parliamentary law can be considered as a sufficiently formed and dynamically developing branch of law, which does not contradict its characterization as a sub-branch of constitutional law. Parliamentary law, along with suffrage and constitutional procedural law, develops in the fundamental system of constitutional law, and is one of its largest entities. Based on the research, the author comes to the conclusion that parliament as a political institution in Russia is one of the instruments for implementing the modern principles of a democratic rule of law with a federal structure and a republican form of government. The Federal Assembly of the Russian Federation has real means to avoid concentration or usurpation of power in the hands of one body, group of persons or one person. These tools include both the general principles of the Federal Assembly (separation of powers, openness, legality, collegiality, etc.), and direct rights, duties of the houses of parliament (legislative, representative, control).

The article examines the epistemological roots of conservative ideology, development trends and further prospects in political reform not only in modern Russia, but also in other countries. The author focuses on the “world” and Russian conservatism. In the course of the study, the author illustrates what opportunities and limitations a conservative ideology can have in political reform not only in modern Russia, but also in the world. In conclusion, it is concluded that the prospect of a conservative trend in the world is wide enough. To avoid immigration and to control the development of technology in society, it is necessary to adhere to a conservative policy. Conservatism is a consolidating ideology. It is no coincidence that the author cites as an example the understanding of conservative ideology by the French due to the fact that Russia has its own vision of the ideology of conservatism. If we say that conservatism seeks to preserve something and respects tradition, we must bear in mind that traditions in different societies, which form some kind of moral imperatives, cannot be a single phenomenon due to different historical destinies and differing religious views. Considered from the point of view of religion, Muslim and Christian conservatism will be somewhat confrontational on some issues. The purpose of the work was to consider issues related to the role, evolution and prospects of conservative ideology in the political reform of modern countries. The author focuses on Russia and France. To achieve this goal, the method of in-depth interviews with experts on how they understand conservatism was chosen. Already today, conservatism is quite diverse. It is quite possible that in the future it will transform even more and acquire new reflections.

The issue of ethnic relations and the conflicts generated by them is acutely relevant. Many branches and directions of modern science study it. Political science and jurisprudence are in the foreground of the modern study of ethno-national conflictology. Over a long period of research, they have developed several influential approaches that have become widespread. The growing complexity of the surrounding political and legal reality, the escalation of conflict in society, including ethno-national, require the search and application of new research paradigms. One of these is the analysis of political and legal discourse, which consists in studying the ways of how legal meanings, ideas, opinions and preferences, which are carried by legislators, are technically and meaningfully embodied in the texts of normative acts, subsequently forming a specific political and legal reality. Analyzing the domestic ethno-conflictological political and legal discourse, the author concludes that in the era of the Russian Empire, the legalization of ethno-national relations had little attention from legislators, the documents adopted in the 19th century carried widespread ideas of the legislative theory and existed unchanged until 1917. The basic paradigm of the Soviet political and legal regulation of ethno-national relations was the ideological dogmas of the theorists of Marxism-Leninism, within which, in Soviet society, such a phenomenon as an ethno-national conflict was denied, but, in fact, existed. At the present stage, after the acute events of the second half of the 1980s - 1990s, a serious system of political and legal regulation of ethno-national relations was developed. It bore fruit. Today, the domestic political and legal regulation of ethno-national relations has the character of a developing system designed to adequately respond to changes. The article can be used to improve the state social and legal policy of the Russian Federation. Also, the materials presented can provide the interest of students, graduate students, teachers, researchers and other people who are interested in the current social, political and legal development of Russia.

The article is devoted to the definition of artificial intelligence and its impact on human rights in the context of lawmaking activity. Purpose of the article: this paper aims to investigate the main approaches to understanding artificial intelligence and the consequences of its integration into the legislative process, as well as to assess the impact of artificial intelligence on human rights. The purpose of the article is also to identify the risks of such influence and ways to level them. Methodology and methods: this article uses general scientific methods of analysis, especially empirical and dialectical, which allow to consider raised issues comprehensively. The author also uses methods of analysis and synthesis, induction and deduction. Conclusions: as the result of this research, the author comes to the conclusion that artificial intelligence, understood as both an exclusively automated tool and a pure consciousness, can significantly optimize the current lawmaking system. However, its impact on human rights in this context may be negative, limiting the freedom of choice, privacy and secrecy of correspondence. To protect human rights, the author recommends using automation tools only as additional measure, but not as substitute. The conclusion raises the question of what consequences can occur for people if artificial intelligence, integrated into law-making activities, can become aware of itself. Scope of the results: this work can be interested to both lawmakers and society as a whole, as it raises basic issues of human rights protection in the context of global digitalization.

The relevance of the interpretation of constitutional and legal guarantees of the right to vote is mediated by isolated scientific research in this area, as well as the lack of a universal approach to legal guarantees. In this regard, the purpose of the article is to argue and disclose the author’s definitive aspect of the claimed guarantees. In the work, the author named and characterized the normative (based exclusively on legal means) with the perspective of a branch of legal and technical; regulatory and institutional (combines the formal aspect with the activities of authorized entities) and associated legal (including a set of legal and other aspects) approaches to the definition of legal guarantees. Based on the second approach, as well as combining the guarantees of the right to vote directly guarantees of the subjective right itself and guarantees of its implementation, the author offers a definition of constitutional and legal guarantees of the right to vote.

The subject of the article was the negative tendency in recent years to use by law enforcers the high repressive potential enshrined in art. 35 and 210 of the Criminal Code of the Russian Federation (CC RF) on liability for the creation, leadership and participation in criminal communities for the purpose of criminal prosecution of owners and heads of legal companies that use the latter to commit crimes in economic field. More and more often, the law enforcer began to consider the organizational structure of a commercial organization, fixed in the charter and well-documented, as indisputable evidence of the presence of structural features of a criminal community (criminal organization). Until recently, such an interpretation of the criminal law was not hindered by either the criminal law or the position of the highest court in criminal matters. An attempt to solve this problem by the Federal Law of April 1, 2020 No. 73-ФЗ initiated by the President of the country, according to the author, is a “half measure”. This novelty also raises new problems for the law enforcer in interpreting such valuation concepts as “reliable knowledge” and “are not subject to criminal liability ... due to the organizational and staff structure of the organization”. In this regard, the legislator will be forced to continue the search for new, more effective and reliable barriers for the incorrect application of Article 210 of the Criminal Code of the Russian Federation. The author proposes to the expert community a number of specific legal and technical solutions to the problem of the unreasonably widespread application of art. 210 of the CC RF, including: using judicial control over the conformity of the legal entity with the goals of its creation and removing unreasonable restrictions when deciding whether there is a reason for initiating a criminal case under art. 210 CC RF in relation to owners, beneficiaries and heads of organizations, if the latter is charged with creating a legal entity for the purpose of committing a grave or especially grave crime; legislative limitation of the range of grave and especially grave crimes for the commission of which a criminal community (criminal organization) can be created; consolidation in the criminal law of the concept of creating a criminal community (criminal organization) in the form of a legal entity that does not belong to the state and municipal sectors, on the basis of the exceptional character of the criminal purpose of creating such a person.

A task. The author of the article set himself the task of answering the question - what is meant by obligations for material security in family relations. Model. To solve this problem, it is necessary to investigate the issues of legal regulation of material content obligations under the family legislation of the Russian Federation and alimony relations, identify the features of legal regulation of material content relations, propose a model for building material content relations between their various participants and understand the relationship between material content obligations and alimentation obligations. Conclusion. A distinction should be made between material support in the family and alimony. They treat each other as general and private. According to the author, there is a contradiction between the rule established by law that certain categories of persons are liable for material maintenance and the assumption of execution under duress of the same obligation, which must be fulfilled voluntarily. Practical significance. The author of the article believes that the conclusions formulated in the submitted article will be useful for a theoretical understanding of legal relations of alimony, an understanding of the relationship between obligations for material maintenance under family law of the Russian Federation and alimony. Social consequences. the theoretical model proposed by the author of the study as the basis for the possible legislative consolidation and subsequent practice of applying material content, including alimentation, between participants in family relations in conjunction with other measures taken in this direction [6] will allow over time to solve the systemic problem of alimony payments. Originality, value. A correct legal understanding of the legal situation, which causes practical difficulties, will strengthen the rule of law and encourage necessary legislative changes to ensure the most effective regulation of family and alimony relations.

The purpose of the research is to carry out a semantic and pragmatic analysis of the concept “One Belt, One Road”. Methodology. The work integrates a complex of modern approaches and methods, the main of them are the ideas and principles of the traditional cultural-historical method, which provided an analysis of the etymology of the concept and the features of the translation “One Belt, One Road”. Linguistic analysis of hieroglyphs, word usage and interpretation of words made it possible to analyze the structural elements of the concept “One Belt, One Road”. Main results. It was determined that the project presented by the PRC mythologizes the former Silk Road, since a priori it defines its belonging exclusively to the Chinese civilization. This project semantically incorporates all the previous Silk Roads, in fact, polemicizing with the Western worldview and returning to the sinocentric model of worldview. As a result of the study, it is shown that “One Belt, One Road” is the Chinese way of thinking about creating an all-encompassing road, at the same time mythologizing and globalizing the ancient Silk Road in order to solve the current problems of the PRC. Application of the study. The materials and conclusions of the research can be used in university courses in political linguistics, in special courses and special seminars in Sinology, when writing coursework, qualification and dissertation papers. The scientific novelty of the research lies in the fact that the analysis of the concept “One Belt, One Road” was first carried out in the context of semantics and pragmatics. Such a study provides not only an opportunity to once again analyze the concept of “One Belt, One Road”, but also to trace the influence of the Chinese ethnic mentality on its political and economic processes in the world.

The article actualizes the problem of the possibilities of achieving freedom in civil society. The authors consider this problem through the analysis of the conceptual essence of the phenomenon of “social contract” in its relationship with the concept of alienation. Purpose of the article: to analyze the concept of alienation in versatile historical interpretations of historical and socio-philosophical thought. The article examines the views of Rousseau on the relationship between citizens and the state. The texts of Hobbes, Locke, Hegel and Marx, which considered the concept of alienation, are analyzed. The article substantiates the escalation significance of the socio-philosophical understanding of the state of “civil” freedom, analyzes the essence of the general logic of legal consciousness, identifies the main positions of Rousseau’s concept, which defines a social contract as a dialectical unity of alienated potentials that form a dynamic whole “political machine”. The article also details the positions of Hobbes, Locke, Hegel and Marx, given in comparison with the views of Rousseau. The category of “alienation” is analyzed in the context of specific relations between the subject and his definite function, arising as a result of the loss of the initial integrity/unity and being a predictor of the impoverishment of the nature of the subject itself, leading to the transformation of the function itself. The article concludes about the relevance of Rousseau’s theory of alienation for socio-philosophical knowledge. The authors come to the conclusion that the concept of alienation in versatile historical interpretations makes a full turn before returning to its most “balanced” interpretation - Rousseau’s “social contract”. These provisions remain relevant today. The social contract destroys the “natural” generic quality of a person - to be free, alienating her arbitrary, and often just random gifts in favor of a voluntary association that rationally uses all possible and ultimate values of this ideal and real state of a person burdened with social duty.