Volume 9, Nº 4 (2019)

History, like any scientific discipline of social science, is influenced by ideology, state power, which inevitably leads to the conjuncture in research. The dependence of history on the policy of the state was manifested at all stages of the development of historical science, since the annalistic period. In modern science, this dependence is characterized as a «historical policy» of the state. The article deals with only one aspect of the «historical policy» of the modern Russian state - its impact on the teaching of history in universities. There are three stages in the implementation of the «historical policy» in modern Russia. It is argued that at different stages of the impact of internal and external factors on historical science and the teaching of history manifested to varying degrees. Already in the course of perestroika in our country began to apply different theories (approaches) to the explanation of the historical process. The article shows how Ural historians in the early 1990s proposed a new method of teaching history as a multi-conceptual history, according to which the unified theory of history was replaced by a set of several theories of history; the rules of multi-theoretical study were developed, which were embodied in a number of textbooks. Textbooks proclaim the principle of equal respect (tolerance) for different interpretations of Russian history. Examines the impact mnogokasatelnoy (tolerant) paradigm for the study of history in modern historical studies.

The task is to consider tolerance in relations between ethnic groups as a moment involving efforts to establish constructive, good, neighborly relations based on the principles of mutual respect, equality and consent. To systematize issues of interethnic and interethnic tolerance by the example of the confrontation between Kabardian and Balkarian youth in September 2018. To establish possible causes and ways to overcome misunderstandings between representatives of ethnic groups from time immemorial living in the territory of the Kabardino-Balkarian Republic. Conclusions. To pay attention to the peculiarities of the confrontation, the author expresses a point of view on the possible involvement of Western intelligence services in destabilizing the situation in the North Caucasus. Social consequences. Tolerance in no case does not imply renunciation of one's own, individual, typical only for a single ethnic group, or reconciliation with any form of manifestation of social injustice. In this case, tolerance is in no way a brake or an obstacle to the progressive development of an ethnic group. It should be noted that in order to build tolerant relations between peoples (ethnic groups) a large place is given to the state as an impartial political institution that adopts fair regulatory documents. Originality. Value in the recent past, subversive, provocative activities of Western intelligence services against Russia were carried out on a large scale. Today, we can say that they have now changed tactics, conducting diversionary work with access to social networks and targeting it against specific regions of Russia, and focusing on young people. The author analyzed the current situation and compared the assessments of experts. This article the author makes an attempt to consider the issues of interethnic and interethnic tolerance on the example of the confrontation between Kabardian and Balkar youth in September 2018. The author draws attention and also expresses his point of view about the possible involvement of Western intelligence services in the destabilization of the situation in the North Caucasus. In the recent past, the subversive and provocative actions of the Western intelligence services against Russia were carried out on a large scale. Today we can say that they have changed their tactics, conducting sabotage work with the appeal to social networks and targeting it against specific regions of Russia, and focusing on young people. The author analyzed the situation and compared the experts' assessments. On the basis of the information collected, an attempt was made to identify and establish possible causes and ways to overcome misunderstandings between representatives of ethnic groups living in the territory of the Kabardino-Balkaria Republic from time immemorial.

The aim of the study of legal nihilism of young people is a theoretical understanding of its essence, content based on new social realities and analysis of the causes of this phenomenon, as well as the search for ways to solve this problem, taking into account the specifics of the social group, the complexity of the problem and the author's position. The practical value is expressed in the presence of author's proposals to improve the Russian legislation and the activities of state bodies in order to overcome the causes that contribute to the formation of legal nihilism among young people and to develop recommendations, the introduction of which in the social and legal reality will contribute to changing the situation with the spread of legal nihilism in a youthful environment. The value of the author's conclusions is expressed in specific recommendations for the development of areas of improvement of legal means to overcome the legal nihilism of young people. Namely in two main directions: in the legislative sphere and in the sphere of education. Conclusions: the main causes of legal nihilism among young people are expressed in the absence of: proper education, legal education, which is a consequence of low legal culture and legal literacy, in the actions of the authorities and its representatives, not correlated with legal and ethical standards, as well as imperfection or injustice of legislation. The author believes that in the formation and improvement of legislation it is necessary to proceed from the principle of justice and expediency, taking into account the interests of the individual, to adopt and implement long-term targeted programs aimed at countering legal nihilism. In the educational sphere at different levels, it is necessary to form basic legal knowledge in the professional sphere of any specialist and to intensify measures for legal education, which is manifested in the conduct of scientific, socially oriented activities to disseminate legal knowledge and the formation of skills to apply them. It is necessary to intensify the work of public organizations whose activities are related to legal education, as they are part of civil society and form legal education on the basis of non-state ideology and social values.

Aims. The purpose of this study is to determine the possibility and degree of influence that court orders emitted by the European Court of Human Rights can have on the orders of the Constitutional Court of the Russian Federation. Basic provision. The contemplated topic is especially timely in modern Russia and it draws a lot of attention of researchers in this field, as it is not yet clear if there can be discussions about the integration of the Human Rights Convention into the russian legal system by having the Constitutional Court of the Russian Federation apply the Strasbourg Court’s rulings in its own resolutions. Methodology. In article uses historical, formal-legal, comparative-legal and other cognition. Conclusion. The results if this study confirm that the abovementioned judicial bodies have a homogeneous understanding of the conventional foundations and share a common take of their application. The influence generated by such interaction has a positive impact on the constitutional justice in general. Viewpoint. The topic of the implementation of orders emitted by European Court of Human Rights into the rulings of the Russian Constitutional Control Body needs a widespread discussion, since it definitely has an impact on the development of the constitutional law in the country.

The article touches upon approaches provided by 1947 Constitutions of South Korea and Japan and 1998 Korean Foreign Investment Promotion Act No. 5559 (as amended 2010), Japanese 1949 Foreign Exchange and Foreign Trade Act No. 228 with regard to legal guarantees and protection of foreign investors` rights against expropriation (requisition) of their investments and standards of intergovernmental agreements the Republic of Korea and Japan (including 2001 Korean Model Bilateral Investment Treaty) on this matter. At the same time, the author traces the evolution of approaches to the provision of guarantees against expropriation in Korea, depending on the increase in its investment abroad. The guarantee against expropriation is linked by the author to the consolidation of the stabilization clause and the right of arbitral protection of investors violated rights (by way of ICSID and national arbitration institutions of Korea and Japan - Korean Commercial Arbitration Board (KCAB) and Japan Commercial Arbitration Association (JCAA). The attitude towards arbitration in these countries is assessed, taking into account a number of arbitration cases in which the Republic of Korea participated and the desire to develop national arbitration of both countries under study. The study is based on such methods of scientific knowledge as: general scientific dialectical, historical and of a comparative legal analysis. The author proceeds from the subjective-objective predetermination of processes and phenomena of the surrounding world. The novelty of the study consists in the complex consideration of three mentioned guarantees of investors' rights protection through the prism of national and international law. As a result of the study, the author came to the conclusion, in particular, that confidence to the international institutional structures for the protection of investors' rights (e.g., ICSID) formed initially in Korea, converted by now into a more balanced approach, seeking to develop national arbitration. In turn, Japan, where traditionally, judicial settlement, including with regard to investment disputed, prevails over the arbitration, and which did not face such a situations in ICSID that Korea faced, is also seeking to develop its national arbitration, in order to be competitive in this field.

Task. The authors of the article set himself the task of identifying the peculiarities of reviewing and making decisions on alimony cases. Model. To solve such a theoretical problem, it is necessary to investigate the essence of alimony, the peculiarities of alimony obligations that affect the specifics of the cases in this category. Findings. Specific features of maintenance obligations affect not only the procedure for handling such cases, but also the content of court decisions. The scope of the study. Limited to relations in the field of family, civil, civil procedural law of the Russian Federation. Practical value. Identifying the problems and causes of inadequate fulfillment of maintenance obligations by family members will make it possible to formulate general measures aimed at developing effective mechanisms for the enforcement of judicial decisions on the recovery of alimony. Social consequences. The definition of the essence of the alimony obligation, its species characteristics will allow to determine the relationship and interdependence of the norms of substantive law on the content of decisions aimed at the payment of alimony. Originality, value. Systematic study and study of the reasons for the improper performance of maintenance obligations, the identification of common problems that impede the proper fulfillment of obligations in practice, will help to formulate general approaches to the enforcement of court decisions on the recovery of alimony. The analysis of the norms of the legislation of the Russian Federation makes it possible to identify additional opportunities for the implementation of the protection of the property rights of the child.

Recently, international legal standards have become increasingly important for the national legislation of any developed country. In this regard, it is interesting to consider the main international legal acts regulating the time of rest of employees. Moreover, this problem was also addressed by foreign experts (for example, F. Blanchard, G. Menz, etc.). At the same time, the author distinguishes three levels at which the international legal regulation of this area of legal relations is carried out. The analysis of the basic documents at each of these levels. Discussed and the most important issues of the relationship of international legal acts, enshrining the right to rest, among themselves and the limits of their action. The conceptual and terminological apparatus of international legal acts in the field of rest time of workers is investigated. In addition, it is determined to what extent the States parties to international organizations comply with the conditions established by the legal acts of these organizations to provide guarantees to employees in terms of limitation of working time, fixing them at the legislative level. All of the above and determines the originality of this work. As a result of the article, the author concludes that international treaties and agreements of a universal nature fix only General issues in the field of rest time. As for the ILO instruments, they specify their provisions in more detail, establishing types of rest time, their duration and special regulation for certain categories of workers. In addition, the conclusion of bilateral agreements with various countries on the labour rights of migrants remains important for our country.

Human trafficking has become a global problem of the world community. There are dozens of reasons for the commission of this crime. There are dozens of reasons motivating criminals to commit such unlawful acts. An analysis of these causes and a solution to this problem was the basis for the publication of this article. The author comes to the conclusion that it is necessary to take a number of measures in the law-making and law enforcement sphere with the aim of improving the modern mechanisms for combating trafficking in persons in the Russian Federation.

The article deals with topical issues related to the use of information weapons for information and psychological wars at present. The author considers information and psychological mass consciousness impact main types, which have been repeatedly tested in local conflicts of our time. The paper notes that at the stage of aggravation of information and psychological confrontation, when it is one of the main components in the preparation and conduct of military operations, it is advisable to use strategic methods of protection with long-term effect.

The article presents an analysis of modern mechanisms to counter the financing of terrorism and extremism in the Russian Federation. The author concludes that to date, Russia has extensive experience in countering the financing of terrorism and extremism, which is based on domestic and international mechanisms to combat these criminal acts. The most promising areas for the development of this system are the improvement of the legislation of the Russian Federation in terms of countering the financing of extremism and the development of preventive and preventive measures to counter the financing of these criminal acts.

The purpose of this article is to review the legal status of the defender in criminal proceedings in the light of the amendments and additions made to the code of criminal procedure. The article reveals some features of the legal status of the defender and the conduct of legal proceedings, as well as the conflict of laws provisions of article 56 of the code of criminal procedure. The amendments made to part 3 of article 56 of the CPC are controversial because they contradict the purpose of criminal proceedings. In the procedural literature, these changes are interpreted ambiguously. In this regard, we believe that the interrogation of a lawyer (defender) in criminal proceedings as a witness, even with the consent of the suspect and the accused is impossible, since such a provision is contrary to the purpose of criminal proceedings and the implementation of the functions of the criminal process. The article can be used in the investigation and consideration of criminal cases. The novelty of this work lies in the fact that it deals with the conflict of laws provisions of p. 3 h. 3 article. 56 of the code of criminal procedure.

This article discusses recent advances in investment arbitration in China, describes specific China strategies based on investment arbitration for resolving investment disputes arising from the implementation of the One Belt and One Way initiative, and analyzes China’s features reflected in these strategies. It is noted that it is necessary to combine the economic and social development of China with arbitration practice in order to find a balance between internationalization and localization, as well as gradually integrate common practice into international arbitration practice.

Purpose. To determine the possibiliy of implementing a form of public control as an independent assessment of the quality of conditions of provision of services by medical organizations in the context of the reform of control and supervision. Methods. The article uses the following methods of scientific cognition: analysis, abstraction, synthesis. In addition, the comparative legal and systematic methods were used in the study of the nature and character of the phenomenon under study. Results. Based on the review of the theoretical and legislative provisions, the author notes that the impact of public control on the prevention of violations of mandatory requirements in the field of quality medical care will enhance the effectiveness and efficiency of the control bodies. Therefore, the choice of preventive practices should be made not only on the basis of the state of the controlled environment and the behavior of the controlled entity, but also on the results of an independent assessment of the quality of conditions for the provision of services by medical organizational made by Public councils. Scientific novelty. Due to the frequent amendments of the legislation in the area of health care, was made an attempt to systemize the main provisions relating to the independent assessment of the quality of service conditions of medical institutions, in terms of prevention of violations of mandatory requirements in the field of quality health care provision.

In the article reveals the philosophical-juridical problems associated with the regulation of new biomedical technologies based on the researching of the Oviedo Convention. The authors focus attention on understanding the essence of man, his rights and freedoms enshrined in this Convention, analyze it from the point of view of the philosophy of humanism.

The development of information and communication technologies has presented great opportunities to users. However, along with a number of positive aspects related to personal development possibility, it has given rise to a number of problems. The article examines the current problem of adolescents Internet addiction. The author considers Internet addiction as one of the serious types of teenagers’ deviation. It is noted that adolescence is a complex and controversial period of infusion of a young person into society. The factors contributing to deviation are analyzed. The author draws attention to the causes of the deviation and emphasizes the role of psychologists, teachers and parents in solving the problem.

Modern educational standards require the introduction of innovative technologies in the educational process. One of such innovations is educational tourism, the introduction of which in the educational process allows solving the tasks set for educational organizations. In this article, the authors attempt to consider educational tourism in terms of the impact of the main tasks of modern education. In addition, the innovativeness of this area and relevance in the realities of modern society are emphasized.