Vol 9, No 2 (2019)

The article is devoted to the analysis of the formation of the concept of elite in foreign and domestic political science. At the moment, there are many different interpretations of this concept. The further development of research on the problems of political elites depends on what will be the basic terminological apparatus of modern elitology. This article attempts to update and analyze the main approaches to the interpretation of this term in order to form a common unified concept for the definition of the political elite.

The use of a certain electoral system has the character of political expediency, since elections are the most important tool of democracy by which citizens rights are exercised. The article analyzes the types of electoral systems in modern society and the system of political parties considered as elements of the same complex, which are often impossible to isolate from each other. The author shows the formation of the institution of political parties, which is inextricably linked with the improvement of the electoral system of the Russian Federation.

The article notes the increased importance of business communities, including at the regional level. The author briefly identifies and analyzes the problems of interaction between regional authorities and business in the Republic of Buryatia. First of all, it is an inefficient institutional environment, the reasons for which are the lack of a clear explanation of goals and objectives, an opaque mechanism for providing support, etc. Secondly, the reduction in the number of entrepreneurs themselves, due to the low level of regional business confidence in government bodies. Thirdly, other factors (consumer distrust of products, legal illiteracy of entrepreneurs themselves, etc.). The author notes that in order to solve the above problems, it is necessary to form several basic factors: state officials trained, motivated to create a safe investment climate, competent entrepreneurs and a developed infrastructure based on public-private partnership.

The article is devoted to the problem of mass migration of people from the countries of the Middle East to the territory of Western Europe. Migration has a major impact on the socio-economic processes on both continents. Forced migration is a demographic problem in the Arab Middle East and in general one of the problems that the world community faced in the 21st century. The article examines the mechanisms in place in the European Union for regulating migration, the role of the work of the external border security agency (Frontex), analyzes the main methods for regulating migration processes in the EU, and also highlights serious problems in the migration sphere.

The article describes the content of Indian foreign policy discourse in terms of assessing the political world order in the early years of its modern statehood presenting. It as some generalized approaches rooted in both changes in the international environment and circumstances of Indian history which determined the choice of parameters of preferable world order and the assessment of parameters of the existing one.

The article is devoted to the problems of transformation of the system of Russian law and the legal system in the conditions of building a digital economy. Particular attention is paid to changes in the structural elements of the legal system, the impact of digital technologies on the components of the legal system and the legal system.

Human rights are one of the eternal problems of human development. The problem has existed for thousands of years and has always been in the focus of legal and public life. This article analyzes the formation and development of ideas about human rights in Russia. The authors discuss the state of the human rights institute in specific historical periods of the Russian state. Model: dialectical, historical, technical, logical, comparative and other methods of cognition are used in the article. Conclusions: the philosophy of human and civil rights has evolved over the years and was influenced by key stages of human development. After analyzing some historical periods of Russian state development in relation to the category of “human rights”, it was concluded that the Russian public consciousness had a long understanding of human rights as an idea-abstraction, and not as a universal value of the national culture. Originality / value: the article can be used in the educational process for teaching legal disciplines.

The anti-corruption policy of the Russian Federation is multi-vector in terms of the availability of tools, one of the elements of which is an independent anti-corruption examination of draft normative legal acts and already existing normative legal acts. The problems of anti-corruption expertise are not new for legal science, while the scientific community did not turn to the study of the issue of compulsory execution of the expert's opinion deeply. The purpose of this article is to determine the possibility of making the execution of an independent anti-corruption expertise of draft laws or regulations binding.

The article examines the representative function of one of the chambers of the Federal Assembly of the Russian Federation - the Council of Federation. Various variants of the order of formation of this chamber from the moment of its creation and up to the present time are revealed. The author analyzes the different opinions of scientists on the organization of the upper chamber. An analysis of scientific literature and other sources made it possible to identify the main shortcomings and formulate specific proposals.

The principles, being the basis of the organization and activity of the judicial power, represent the objective fundamental principles reflecting the authentic nature of the judicial power in the system of functional division of the state power. In modern countries, such principles are enshrined at the constitutional level or stem from the content and legal nature of the judiciary itself. The subject of the study of this article were the norms of the constitutions of Eastern Europe in connection with the identification of the principles of judicial power in them. The paper substantiates the conclusion about the constitutional structuring of the formalization of the principles of the judiciary in the sections devoted to the foundations of the state (constitutional system); human and civil rights and freedoms; the judiciary; the Supreme judicial bodies (usually the constitutional court). Comparative legal study of the norms of special sections on the judiciary in the constitutions of Eastern Europe allowed the author to form a list of principles that organize and form the basis of the activities of this type of state power; to identify the specifics of their consolidation; to present quantitative and qualitative characteristics of the declared fundamental principles.

The article investigates the framework of legal regulation of production and distribution of scientific (including technical) information and innovations in the light of intellectual property rights protection in one of the BRICS countries - in Brazil. The author analyzes the provisions of a number of laws in this area (Law No. 10.973 of December 2, 2004 «On Innovation and Research in Science and Technology»; Law No. 13.243 of January 11, 2016 «On Legal framework for Science, Technology and innovation», etc.). it Is concluded that Brazil today takes seriously the modernization of approaches to the legal regulation of science and the development of innovations. The institutional structure aimed at the development of science, accumulation, dissemination and protection of scientific information is outlined, the functional of a number of elements of the designated structure is given.

Task. The author of the article set himself the task of identifying the particular manifestations of violence against children. Model. To solve such a theoretical problem, it is necessary to investigate different aspects of family life, the internal relationships that develop between family members, which will allow to identify the causes of aggressive behavior towards the child. Findings. Violence against a child is a multifaceted problem, the study of which cannot be limited only to the area of law. The framework of the study. Limited to relations in the field of family, criminal, administrative law of the Russian Federation. Practical value. Identifying the causes of violence against the child will help to formulate general measures aimed at protecting the rights of the child in practice. Social consequences. Determining the essence of domestic violence in relation to a child will help identify the causes and causes of its formation in the family, identify the degree of psychological impact on the child in case of different types and forms of violence, which will allow to develop effective mechanisms to protect the rights and interests of children in the family. Originality, value. A systematic study and study of the causes of violence in the family in relation to the child, the identification of its types and forms will help to formulate general approaches to the implementation of preventive work to prevent domestic violence. An analysis of the norms of the legislation of the Russian Federation and the provisions of international law will make it possible to identify additional possibilities for the implementation of the protection of the rights of the child from encroachments on his life and health on the part of his relatives.

According to philosophy, the basis of the emergence, development, functioning and structural construction of any phenomenon lies in its objective laws. The reference to the laws as an object of knowledge is an essential part of the definition of the subject of any science, and the discovery of the corresponding laws is the main task of any science, including the legal one. Since in laws, the content of a right is revealed most deeply, the essence of law, the internal logic of legal reality are directly expressed in them. This article continues the cycle of publications on the problem of the laws of criminal law by examining the issue of the role and place of these laws in determining the subject matter of criminal law science.

Modern terrorism poses a great danger to both man and society. In this regard methods of international countering terrorism are of particular importance. In this article the author analyzes the participation of the Russian Federation in international and regional organizations aimed at combating terrorism. The prevention of terrorist acts in all their manifestations become the most important task of the world community.

The article analyzes the essence of the phenomenon of criminal responsibility of minors. The main aspects and current trends of the legal regulation of bringing this category of persons to criminal responsibility are highlighted. The possibilities and problems of applying punishment in the form of real deprivation of liberty to minors are considered. The author analyzes the application of the institute of replacing the unserved part of the punishment in the form of correctional and compulsory work by imprisonment to convicted juveniles who maliciously evade serving the sentence. The necessity of the further development of Russian juvenile justice, the creation of a unified, centralized and independent system of social rehabilitation institutions and government bodies is substantiated.

The article deals with the problems of reasonableness and motivation of court decisions in the consideration of cases in the course of criminal proceedings and legal proceedings in cases of administrative offenses in terms of the legal positions of the European Court of Human Rights.

The article touches upon the topical issues of the formation of the e-customs institute in the World Customs Organization. The author analyzes the «WCO Strategy Paper Customs and E-Commerce», which was first presented to the international customs community at the WCO headquarters in 2007. In the research material, the following blocks of the WCO e-customs concept (2007) are highlighted: legal aspects of the formation of the institute of electronic customs; administrative (organizational) regulations; technological aspects; customs operations (business processes); «single window» mechanism; law-enforcement block; cooperation issues; institutional development. The research material is a matter of interest to a wide range of specialists whose activities are related to the development of the institute of electronic (digital) customs, the improvement of customs regulation, as well as international customs law.

The article considers various types of electoral systems, among which the author paid attention to three main ones: majority, mixed and proportional electoral systems. The author’s position on the impact of the choice of a particular electoral system and its legal adjustment on the procedure for the distribution of mandates among candidates for an elected position in accordance with the obtained votes is argued. In addition, the article reflects the author's position on state-power influence on the electoral system, which is part of the electoral process regulated by the state as the main object of government, on which the distribution of mandates depends and, as a result, the balance of political forces in the country.

The health of the nation is the key issue for the economic development of the state. The effectiveness of the health care system is determined by a number of factors, among which the is its’ financing. Today, due to the development of medicine, the improvement of methods and techniques of medical care, the cost of services is progressively increasing. In other words, highly qualified and high-tech medicine is becoming inaccessible to the majority of the population of the state. That’s why it is essential that the state takes measures to ensure the realization of citizens' rights to health. It seems interesting to study the experience of the United States in financing the health care system.

In the article reveals the problems, associated with the legal regulation of social relations, generated by the functioning and development of modern biomedical technologies. In particular, the authors substantiate the idea, that regulation by juridical norms is late in relation to the development of these technologies, in a number of cases it is contradictory, ineffective, does not cover all aspects of conducting of scientific researches in this area. But at the same time such regulation is necessary, as soon as it can ensure more or less full observance of the rights and fundamental freedoms of subjects, witch are involved in the development and implementation of biomedical technologies.

Aim. Increasing hostility in the societies of late modernity and, as a consequence, the development of violence and simulation of identity, make it necessary to investigate the emblems and the semiotics of the image of «enemy». Findings. Taking shape contradictions in late modernity societies cause human hostility. The externally implanting image of «enemy» is emblematic by its nature and has an operational radius of action through a system of virtual communication. This has an impact on the human subconscious and the process of acquiring identity. Practical importance. Materials can be used to develop the system of counteraction to manipulation of subjects` consciousness. Originality. The image of the «enemy» is represented through encrypted symbols with coded information. The importance of the studied ideologeme for the development of protest sentiments in society is determined, as well as the regulation of the process of identity acquisition by a person.

The article reveals the socio-philosophical views of the Russian philosopher on the state of peace in society, substantiates the position of the inadmissibility of unjust war, the thesis of the humane role of spirituality, Orthodoxy and its values in the life of the individual and society, ensuring peace and harmony between people.

This paper aims to resolve the problem of explicating the comprehension of the congruence of psychological, philosophical and cultural contexts of intellectual and affective phenomena. The understanding of context correlation frees cognition of assumptions that may seem obvious, yet may not always be relevant to the problems it is facing; due to this fact, M. Foucault has already engaged in reconstructing the history of discourse and context evolution and the problem of their correlation. The idiosyncrasies and the success of the psychological study of intellect and emotion depend on worldview and metaphysical, essentially, on philosophical axioms of any given approach to these phenomena. Evaluation of their significance requires an explication of their contents and function in connection with the psychological agenda, which determines the relevance of the set problem’s resolution. The following methods were used in writing this article: literature analysis, analysis, synthesis, induction, deduction, comparison, generalization, historical method. In regard to the apparent congruence of the contexts of understanding intellect and affect, the following conclusion is made: in order to resolve the problem of the foundations that psychological research relevant to thoughts and emotions should be based on, we have to turn to the denotations associated with them in various cultures (especially in the European culture), to track the refraction of these denotations in the philosophical discourse, to elucidate which of them have taken root in psychology, to evaluate their adequacy to the educational goals we have set, and to attempt to construct (or to search through the annals of philosophy) a categorical apparatus optimal for the study of intellect and affect. It’s expedient to use the research results to further develop the intellectual and emotional phenomena study methodology. The psychological conclusions on the correlation between intellect and affect that can be obtained using the proposed algorithm are likely to be relevant in the spheres where mutual influence of intellect and emotions needs to be taken into account (education, mentoring, politics, advertising, etc.), hence the practical value of this paper. In particular, we believe it is necessary to research the problem of the interaction between intellect and affect in education with the goal of overcoming the existing gap between education and mentoring; while an integrated educational process would have a significant social impact. The article may also be useful for psychologists and cultural and social studies scholars since it contains an original explication of the correlation of discourses that they operate with in conjunction with specific phenomena that are also capable of eliciting their professional interest.