Том 9, № 5 (2019)

The article is dedicated to the generation of the Enlightened Absolutism concept within the Russian realm in the period of the XVII- XVIII centuries. The relevance of this research topic is determined by the need to retain the historical heritage and the governance experience of the past generations. The main problem, that was the occasion of the research in question, is the lack of systematization and analysis of that big amount of diverse issues, problems and foreground activities in the political and legal fields of the chosen time-period from the ideological point of view. The purpose of this work is to analyze the influence of the Enlightened Absolutism ideology on the political and legal aspects of the historical events happened in the second half of the XVIII century. In the research there were used empirical methods such as description and comparison, as well as general scientific theoretical methods - analysis, synthesis, induction and deduction. Within the carried research the period of Catherine II’s rule was analyzed in detail, the course of the reforms, the main directions of domestic policy were systematized, and there are the conclusions about the influence of the Enlightened Absolutism ideology on the events’ development of those years.

Analyzing the data of the long-term sociological research, the author analyses the influence of the current socio-political circumstances on the perception of historical periods and personalities by the Russia’s citizens. The author argues that despite citizens sympathize with some historical and socio-political achievements and attributes of the post-Soviet society, the Soviet period of the state’s history provides the main components of the national myth to many persons in Russia. Even the most popular present-day attributes of the national greatness, such as military successes and the annexation of Crimea, significantly concede to the achievements of the Soviet era. As it is noted under the influence of shortage of relevant examples of civil consolidation, Russians are attracted by nostalgia for the period of soviet economic stability, social order and solidarity. In the absence of a critical historical assessment and under the influence of both foreign political isolation and a fall of the living standard, many citizens used to look for the foundations of a civil community in the Soviet past, idealizing and mythologizing it.

Objective: the Main objectives of the study - characteristic constants of the domestic theoretical discourse centered on issues of national idea of Russia, and pair it with public sentiment in this area, which are the dimension of interaction in the online space through forums and communities in social networks. Model: the research is based on the identification of the key areas of study of the identified issues, their guidelines and argumentation of positions through correlation with the trends of the official discourse and the definition of consolidating or destructive potential of the content posted on the Internet. The provisions of the actor-network theory and constructivist paradigm are taken into account, which allow considering traditional and new institutions and tools for the formation of the national idea in different segments of the political and communicative field. Conclusions: General and special features in the interpretation of the national idea of Russia at the theoretical and conceptual level and by users of Internet resources and social networks are shown. Despite some coincidences, the absence of a single semantic, ideological and conceptual dominant is emphasized. The content of the analyzed groups is multi-layered and, in fact, polythematic in nature, without rigid binding to the fixed names. Users' attention is often focused on the issues of historical heritage, national culture, modern political practices in terms of interaction between government and society, understanding the vectors of development, images of the future. Practical significance and scope of the research: the results can be applied in the field of theoretical development of problems of political communications, nation-building, in expert support of the process of formation and implementation of political decisions in the areas of national, symbolic, historical policy of the Russian Federation. Originality / Value: This work is intended for specialists who study the problems of improving the mechanisms of political governance and strengthening the unity of the Russian nation.

А study of every years reports of regional and local authorities concerning the implementation of demographic policy in certain regions and districts of Russia using the method of content analysis was carried out in this paper for the first time. The relevance of the article’stopic is connected with the fact that acute demographic problems of rural areas of Russia require constant scientific analysis to prepare practical recommendations on the implementation of demographic policy. The geographical borders of the study included the Central black-earth region, adjacent areas, as well as some districts of the Tambov region. The choice of the study area conditioned the territories typical for European Russia, characterized by a high proportion of the rural population. The chronological framework of the study are2005-2018yy.The Results of content analysis indicate the uneven and sporadic nature of the implementation by local authorities of certain provisions of Federal and regional socio-demographic programs. The article found that the authors of the studied regional and district reports did not make specific references to the majority of semantic units of content analysis. The study of specific units of the account showed that the heads of regions and subregions most mention positive from their point of view demographic indicators (increase in fertility, decrease in mortality, decrease in the rate of natural loss of population, etc.). The analysis carried out by the authors of the article revealed that the developers of regional and district annual reports rarely try to explain the causes of demographic problems. Examples of successful activities, especially those required by Federal programs, clearly predominate among the references in the texts of the analyzed reports. Speakers rarely recall their own regional target programs and concepts, as established in the article.

In recent decades, in political phenomena and processes, observed in the space conventionally referred as the «civilized» West, many philosophers, political scientists, experts note the strengthening of the information-psychological campaign, which objective function is to equate the USSR with Nazi Germany and once again represent Russia as an «evil empire», «international outcast». The activators of this process, according to the author of the presented article, have become including closely guarded by special services of Western countries functionaries of nationalist socio-political organizations and movements, representing the interests of the foreign Ukrainian diaspora, living primarily in Canada. As a rule, these people are the children and grandchildren of the fighters of the Ukrainian «national» formations of Wehrmacht, Abwehr, Waffen-SS, de facto and de jure qualified war criminals, collaborators. Their attitude to the modern Russian Federation is no better than that of their ancestors to the Russian Empire, the USSR of the times of I.V. Stalin - M.S. Gorbachev. And the key problem is that they usurped the right to speak on behalf of 1.4 «Ukrainian Canadians» from the more than 37 million people of modern Canada, acquired working contacts with the political Russophobian establishment of this country, persistently lobbying the sanctions, projects, programs that threaten the foundations of the constitutional system and security of the Russian Federation.

The purpose of this study is to reveal the mechanism of value-based perception of the right and functional meaning of legal values in ensuring the integrity of the legal reality. The analysis developed in the domestic jurisprudence of doctrinal approaches, the author comes to the conclusion that the study of legal values is often limited to the ontological and epistemological aspects. The original methodological setting of this study is the need to identify the essence of value perception through the prism of the features of logical thinking. Taking as a basis the typology of logical thinking, worked out by representatives of German classical philosophy of Kant, Hegel and developed in the works of K. Popper, H. Zuberi and other philosophers, the author comes to the conclusion about the emotional source of the value perception of law. In this context, values of law act as a liaison between the «the existing» law and «proper» law, ensuring the integrity of the legal reality. The proposed approach allows a new look at the features of axiological research of law, offers opportunities for further knowledge of the internal and external relationships of the values of law and other components of axiosphere of society.

Goal: The author makes goal to identify peculiarities of the constitutional norms, regulating rights and freedoms in the USA with specificity of the constitutional structure, when, as it was presumed before, main regulation is done in the frameworks of the Bill of Rights. The ideas about constitutional regulation of the human rights and freedoms were developed by the founders of US Constitution in their books and speeches: James Madison, Thomas Jefferson and others. The author deems necessary to investigate «wide Constitution», which includes the text of the Constitution, Constitutional Amendments and practice of the U.S. Supreme Court. Results: The Author comes to the conclusion, that only Bill of Rights review is not sufficient, since constitutional regulation includes norms of the Constitution, norms of the Bill of Rights - first ten Constitutional Amendments and regulations of the huge number of the Supreme Court decisions, which performs constitutional interpretation, thus making real concept of «live Constitution». Constitutional regulation becomes actual through the Supreme Court practice, thus for already several centuries the practice of the Supreme Court drives direction of future development of the human rights and freedoms in the United States of America. Practical importance: findings, made by the author of this research can be used in teaching course of constitutional law of the USA, also they can be useful for the state bodies in the sphere of foreign affairs. Originality: this article is one of the first to review constitutional regulations of the human rights and freedoms, going out of frameworks of only Constitutional Amendments. The author reviews the text of the Constitution as is and reviewed practice of the Supreme Court. Several US Supreme Court cases are introduced to the Russian legal doctrine for the first time.

The article is devoted to the study of national mechanisms for resolving conflicts related to the enforcement of decisions of the European Court of Human Rights. The author analyzes the provisions of the Constitutional Court of the Russian Federation and supplementary decisions of the Constitutional Court of the Russian Federation, in particular regarding the new control competencies of the constitutional justice body, paying particular attention to the criteria for the enforceability of decisions of the international justice body. The article also analyzes a number of additional grounds for “enforceability”. The comparative legal aspect of the problem of competition between the legal positions of the ECHR and the legal positions of the highest national courts (Great Britain, etc.)

The article analyzes one of the principles of local government - the principle of independence, the features of its consolidation in the articles of the Constitution of the Russian Federation. The constitutional and legal content is disclosed on the basis of the research.

The family as a social institution is going through difficult times. The United Nations indicates that the United States is third in the world in the number of divorces: 4.34 cases per 1000 people, about 40 percent of first marriages and 60 percent of remarriages break up [10;860]. Statistics in Russia are no better. In 2017, according to the Federal State Statistics Service, there were 4.2 divorces per 1000 people, the first half of 2019 was 4.0. It is noted that the number of marriages in Russia is falling. According to state statistics, the number of marriages from 1,049,735 in 2017 decreased to 893,039 in 2018. [9] As the United States Child Support Council (CSEC) has indicated, the growing number of parents deliberately avoiding their responsibilities to their children has become a national problem. Today, more than $ 106 billion in child support remains unpaid. [25]. The strengthening of administrative methods of influence on dishonest payers shows its inefficiency. Contracting regulation of parents by the issue of the maintenance of their children is attracting more and more attention of jurists. The contractual regulation of maintenance obligations has positive aspects, including the speedy resolution of controversial issues, the individualization of regulated obligations, the reduction of the psycho-traumatic effect on the psyche of children, and the saving of expenses on court cases. On the other hand, given the special nature of regulated relations, the need to ensure the protection of children, the conditions and procedure for concluding such agreements should be carefully worked out. The purpose of this study is a comparative study of theoretical and practical problems of identifying the subjects of an agreement on the support of minor children in Russia and the United States to determine effective mechanisms for protecting the interests of minor children in the breakup of the family.

the article discusses approaches in the legal literature to the definition and features of public interests, defines the general criterion, on the basis of which scientists propose different approaches to the content of the public interest category. The completeness of the presented approaches and their theoretical and legal substantiation are evaluated. The purpose of the article is to analyze the category of public interests in civil law rules. On the basis of the listed public interest examples, existing law-enforcement problems are considered. The stages and methodology of the study came to a consideration of the ways and legal advisability of public interests’ incorporation according to civil law institutions. The result of the study is the proposals related to the amendment of the existing legislation. As a conclusion, a general definition of public interest is proposed.

In the article the authors consider the problems of qualification and application of item 156 CC RF «Non-execution of obligations on the minor’s education». It is established that the law-enforcement bodies have some difficulties to discover the elements of the objective party of the analyzed act in the actions of the guilty persons. It is analyzed the practice of application of item 156 CC RF in the Russian Federation and the Belgorod region, the scientists’ opinions on the given problematics, and it is revealed the complexities at the law-enforcement bodies in the qualification of the considered act. The authors of the article mark the problems in the researched sphere on enhancement of the criminal legislation and practice of its application in particular they prove the expediency of accepting the resolution of the RF Supreme Court Plenum where in particular such a concept as «cruel treatment with the minor» would be explained.

Background: Investigate the concept, signs of insignificance of an act, as well as to develop criteria for determining the small social significance of a specific criminal action or inaction based on an analysis of law enforcement practice. Materials and methods: In solving the problems posed, the author used general scientific (for example, the method of system analysis) and special scientific methods of cognition (in particular, comparative legal and the method of legal interpretation). Results: Based on the study, the author: formulates the concept, signs and criteria of a minor act; explains the impossibility of recognizing minor acts committed by negligence; argues that the criteria for the minor act can only be signs of the objective side of the crime, while the signs of the subjective side can serve as an additional guideline when establishing the low social minor of a specific criminal act or inaction; substantiates that the signs of the object and subject of the crime cannot act as criteria for recognizing the act as minor. Practical importance of results: The conclusions made by the author can be used to improve the quality of the legislative requirement formulated in part 2 of article 14 of the Criminal Code, as well as in law enforcement when deciding whether to commit a criminal offense (action or inaction) as insignificant.

This article analyzes the current situation of drug trafficking. There is a contactless sale of drugs in Russia and in the world . In the article, the author points out the need to improve legislation to limit the use of instant messengers for drug trafficking. The author comes to the conclusion that the counteraction to the organizational processes of this activity is of particular importance for the fight against this illegal act.

the presented article considers the peculiarities of the administrative and legal status of authorized economic operators in the conditions of functioning of the eurasian economic union. The authors note that, at the legislative level, the status of the UEO is sufficiently regulated, but in practice there are difficulties in realizing the advantages provided to these participants of foreign economic activity, which makes it necessary to improve their legal status.

In the article on the basis of legal analysis of the current legislation in the field of civil service, scientific publications and law enforcement practice the problems of legal regulation of legal responsibility of civil servants are investigated. The main attention is paid to disciplinary responsibility, which is the most important legal means of increasing the level of service discipline of civil servants. The author substantiates the need for normative consolidation of a single concept of disciplinary misconduct in public service in the Federal law «on the system of public service of the Russian Federation».

The initiations of criminal proceedings - is one of the most problematic stage of criminal proceedings. The imperfection of legislative process of investigative and procedural actions and powers of persons who involved in these relations according this procedural stage leads to solving the problem of serious scientific research of analyzed problem. Many authors claim the difference of legislator point of view to assessment of evidence obtained before and after the initiation of criminal proceedings. Anyway, the subject of research also covers the problem of realization of rights of participants during pre-trial proceedings. The authors conclude that there are some proposals of amendment of criminal procedure legislation according the certain provisions of initiations of criminal proceedings. These changes will exclude a different interpretation of the procedural law and will allow practitioners to avoid a differentiated approach to the assessment of evidence obtained at the stage of criminal proceedings. The persons included to pre-trial proceeding will be able to realize their whole constitutional right in accession to justice. The article is useful for practicing lawyers, researchers and also for citizens who involved in the field of criminal procedure relations.

Purpose. To analyze the Digital Customs Work Program of the World Customs Organization (WCO, Organization). To consider the practical aspects of the work of the WCO working bodies to create this Program. Design/methodology/approach. The research article is devoted to the issues of modernization of legal instruments of customs regulation within the framework of the functioning of the Secretariat, the Policy Commission, the Permanent Technical Committee, and the Information Management Sub-Committee of the World Customs Organization. The subject of the study is the Digital Customs Law Institute, as well as the WCO Digital Customs Work Program (Program). It is comprehensively considered the approaches of the international customs community to the formation of the Program as part of the WCO Strategic Plan. The key capabilities, main tasks, strategic goals of the Program are analyzed, its structure is revealed. The tasks of the WCO Digital Customs Work Program are highlighted here; practical examples of the activities of the working bodies of the Organization are also represented. Social implications. The development of the digital customs institute, as well as its introduction into the customs legislation of the WCO Member Countries, is aimed at optimizing customs operations and simplifying trade procedures. Practical meaning. The results of the study are of interest to the Customs block of the Eurasian Economic Commission (EEC), can be used to organize the work of the Information Management Sub-Committee, Permanent Technical Committee, Capacity Building Committee of the World customs Organization, in terms of generating working analytical materials for the digital customs institute, as well as for creating scientific and practical basis for customs officials training in accordance with the WCO capacity building programs. Originality/value. The research material is based on an analysis of the practical aspects of the WCO's activities and is a continuation of scientific and practical publications on the development of the digital customs institute within the framework of the WCO's activities.

The article offers an analysis of criminal procedural changes in the use of technical means during a court session. This process is called audio recording. The author concludes that currently in the Russian criminal procedural legislation there are legal bases for conducting audio recordings of court hearings in criminal cases. Based on the analysis of the positive aspects of the impact of the introduction of audio and existing judicial practice, a number of organizational and technical risks are identified.

When investigating criminal cases of crimes against sexual freedom of the personality individual, the investigator’s observance of moral standards is of particular importance, which has led to the development of special recommendations in criminalistics aimed at ensuring compliance with specific moral requirements. However, in practice, situations are possible that require additional analysis of the features of the application of moral standards and their valuation from the position of effective solution of investigative tasks. Issues arising from this are significant for practitioners, and therefore they are considered in this article.

This article describes social network in the technology of information war and coups. It reveals the ways of information warfare. Explains the problems of countering information wars in the Russian Federation.

The humanism of any state is manifested in the extent to which it is ready to assist people who find themselves in a difficult life situation due to, from the point of view of common sense, completely inexplicable circumstances in which they fell into error or were fraudulently involved. The state gives stumbling citizens a chance for correction, which they must certainly take advantage of. The article analyzes the complex of preventive measures carried out by state structures, public and religious organizations of the Kabardino-Balkarian Republic in order to curb the spread of the ideology of terrorism, which leads to disastrous consequences. The address nature of most preventive actions is noted and address groups are specified; special attention is paid to the address group, which includes children. The author analyzes the efforts of the state and society to adapt to a peaceful life the persons involved in terrorist crimes. It is recognized that without a deep understanding of the mistakes made, further socialization is impossible. In the final part of the work a conclusion is drawn about the effectiveness of ongoing preventive measures and the need to remain vigilant in countering terrorist manifestations.