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Volume 11, Nº 4 (2021)

Articles

Institution of Family in the International Bill of Human Rights: Its Understanding and Use

Abashidze A.

Resumo

The purpose of the research. The article examines the main international legal acts of the universal level that form the International Bill of Human Rights (UDHR, ICCPR and ICESCR), which contain articles that enshrine the right of men and women to marry and found a family. The article contains the comprehensive study of views of the relevant treaty bodies (Committees), established on the basis of two International Covenants, on the understanding of the institution of family in a human rights context, which were set out by the HRC and CESCR in their general comments and concluding observations on the periodic reports of the States parties. Results. The article provides an almost exhaustive list of those aspects that are raised by the views of the HRC and the CESCR in relation to the relevant provisions of the ICCPR and ICESCR on the family, which they understand as the union of a man and a woman on the basis of marriage. Thus, the author tries to achieve the main purpose of the research: a family as a natural social basis of society and as a legal institution widely used in the international human rights law has nothing to do with LGBT+ issues.
Sociopolitical Sciences. 2021;11(4):13-21
pages 13-21 views

Current Trends in the Study, Development and Management of Ethnic Conflicts

Kuriukin A.

Resumo

The purpose of this article is to try to identify and analyze problematic issues of the methodology and methodology for studying ethno-national conflict, to characterize political and legal novelties in the field of regulation of ethno-national conflict in Russia and to outline the boundaries and formulate the characteristic features and signs of a “new normality” in the course of the ongoing development of the coronavirus pandemic, will in the long term be a determining factor for the further evolution of ethno-national conflicts, their study and management. For this, a special methodology was formulated, which includes the principles of systemic, theoretical-cognitive, institutional, instrumental and interdisciplinary approaches, mediated by the accepted in social science ideas about the relationship and interaction of subjective and objective factors in social processes with the relative independence of the subject. She allowed to achieve the following results: With regard to the methodological problems of theoretical and applied study of the ethno-national, a complex paradigm for the study of ethno-national conflicts was formed and it was established that in the modern English-language discourse there is a transition from the study of conflicts as phenomena in the system of ethno-national relations to their qualification as inter-religious; political novelties in the system of national relations of the modern Russian state are analyzed and characteristics of the current law enforcement in the system of ethno-national relations in Russia are given; the characteristic of the “new normalcy”, which is forming today in the course of the development of the COVID-19 pandemic, is given, conclusions are drawn regarding the crisis and post-crisis transformation of ethno-national conflicts and approaches to their resolution in the post-pandemic era. The conclusions of the work are as follows: ethno-national conflicts are an objectively cognizable phenomenon; their scientific understanding and analysis require the formation of an integrated (polyparadigmatic) approach. Political novelties in the system of interethnic relations in modern Russia (National Security Strategy) indicate that the country’s leadership pays great attention to these issues. At the same time, the law enforcement practice, being, on the one hand, established in the criminal and administrative spheres in the civil law sphere, shows us the ill-considered actions of some subjects. With regard to ethno-national conflicts in the course of a pandemic and post-pandemic new normalcy, it should be stated that they will not disappear anywhere and, on the contrary, may acquire new forms, which will have to be promptly and adequately responded to.
Sociopolitical Sciences. 2021;11(4):22-36
pages 22-36 views

State Regulation of Economic Conflicts in the Context of Digitalization of Society

Tereshina E.

Resumo

The article is devoted to the state regulation of the economy and economic conflicts in the context of digitalization. Against the background of the digital transformation of society, economic conflicts are actively developing. New information technologies open up opportunities for the state’s functioning and change the structure and dynamics of conflicts, as well as mechanisms for conflict settlement and resolution. The author notes that government regulation presupposes a relatively “soft” impact on economic conflicts and is aimed at obtaining socially useful and significant results. When studying the specifics of conflict relations in the sphere of economic relations, the author used systemic and institutional approaches. The purpose of the study is to determine the place and role of the state in the system of regulating economic conflicts, as well as to assess the degree of its interference in the process of regulating economic conflicts in a digital society. The article notes that the management activities of the state are carried out through various methods of influencing the economic environment and conflicts (legal regulation, digital technologies). The role of the state in the system of regulation of economic conflicts is ambiguous. The state can have a positive and negative influence on the dynamics of a conflict. As the author emphasizes, the degree of state intervention is determined by its status. Conventionally, the state in the process of developing an economic conflict can act as a subject of the conflict, as a party to support one of the subjects of the conflict, and as an entity interested in its own benefit. The status of an active participant allows the state to control the regulation of economic conflicts. The state needs to selectively approach each conflict in the economic sphere. The author sees a solution to the problem of state regulation of economic conflicts in attracting a regulatory mechanism and digital technologies. Digital technologies can be used by the subjects of conflicts as tools for their settlement within the framework of the current legislation. At the same time, the choice in favor of a specific digital technology for resolving conflicts should be made by the state together with representatives of the business community and citizens.
Sociopolitical Sciences. 2021;11(4):37-43
pages 37-43 views

Analysis of the Political Processes of Modern International Relations in Northeast Asia Based on the Theory of L.N. Gumilev

Nikiforov S.

Resumo

The purpose and objectives. The main goal is to determine the current stage of the international relations in Northeast Asia development, its analysis and forecast of the political processes in the region. Methodological approach. The L.N. Gumilev’s methodology takes first place in the work, as well as the systematic approach developed in oriental political science by A.D. Voskresensky. The Reasearch is also based on general scientific methods of cognition and political forecasting. Results and conclusions. The article defines the time frame of the current stage of international relations in Northeast Asia, analyzes it and gives a forecast for the further development of political processes in the region. Originality and value. The study is valuable in view of its relevance and originality of the work, which focuses on obtaining new knowledge about the political development of the subsystem of international relations in Northeast Asia at the present historical stage.
Sociopolitical Sciences. 2021;11(4):44-50
pages 44-50 views

20 Years of the SCO: On Transport Cooperation in the SCO Space

Zhang X., Liang Y.

Resumo

Since the establishment of the Shanghai Cooperation Organization, transport cooperation has always been one of the main cooperation areas among the organization’s members. The priority task in this area is to create favorable conditions for the development of sustainable transportation network, ensuring the development of economic cooperation within the SCO. The article examines the issue of transport cooperation within the framework of the Shanghai Cooperation Organization at the present stage. The main external and internal factors hindering transport cooperation of the SCO are analyzed by the authors. The text offers ways and strategies to improve and expand transport cooperation in the SCO in future.
Sociopolitical Sciences. 2021;11(4):51-61
pages 51-61 views

The Ways to Strengthen Cooperation between China and Russia in the Field of Low-carbon Energy (in the Context of the Global Trend of “Carbon Neutrality”)

Han H., Chu L.

Resumo

Against the background of the rapid evolution of the current international energy landscape and special attention to global climate management, the main interested participants in this process have started a new round of games around the key issue of “carbon neutrality”. In the face of both opportunities and challenges, China and Russia should accelerate the implementation of “carbon neutrality” through cooperation in the field of low-carbon energy, which can be considered as an effort to jointly stabilize the overall situation in the energy sector and strengthen international trust. Both countries strongly support the “green” development of energy and work together to promote global “green” and low-carbon transformation, fully demonstrating the strong responsibility of the powers. The article points out ways to strengthen cooperation between China and Russia in the field of low - carbon energy: the creation of a mechanism for cooperation in the field of low-carbon energy, deepening cooperation in the field of capacity-building within the framework of the interface of the EAEU and the “One Belt, One Road” project, strengthening bilateral exchanges and cooperation in the field of low-carbon energy technologies, the use of multilateral organizations to perform a coordinating role between China and Russia.
Sociopolitical Sciences. 2021;11(4):62-69
pages 62-69 views

Cybersecurity and its Legal Regulation (Foreign and Russian Experience)

Yakovleva A.

Resumo

Unmanageable and not well regulated nature of cyberspace, both on the national and the international level, is a serious problem for all governments of the world, therefore, the issue of ensuring cybersecurity in the cyberspace comes to the fore, and there is a need for regulatory documents to govern it. In this article, using the example of regulations of the European Union (the EU Cybersecurity Strategy, announced by the EU Commission and the High Representative of the Union for Foreign Affairs and Security Policy on 16 December 2020), the USA (the National Cybersecurity Strategy of the United States of America, 2018), the Republic of Kazakhstan (Concept of Cybersecurity (“Cyber Shield Kazakhstan”), 2017) and the Russian Federation (Draft Concept of the Cybersecurity Strategy of the Russian Federation, 2014) the main characteristics of legal regulation of cybersecurity issues are examined. The analysis of the main documents in the field of cybersecurity of the EU, the USA and the Republic of Kazakhstan showed that their emergence and significant modifications are caused by the fact that the entire world is undergoing a transition to a digital economy. In Russia, the implementation of the national project “Digital Economy” (2019) has also begun. However, within its framework, the federal project “Information Security” is being promoted. This is explained by the fact that Russia adopts a broader approach to “information security”, while other countries use the term cybersecurity in their regulations. The paper suggests that the national understanding of cybersecurity and its key priorities differ significantly, but the issues that they treat are common: building a state level management system in the field of cybersecurity; determination of the necessary cybersecurity policy and establishing the corresponding mechanism regarding the problems of ensuring the cybersecurity of national information infrastructures and a clear definition of the roles in its implementation. The divergence in various cybersecurity visions is one of the main reasons that lead to a deadlock that prevents productive discussion of cybersecurity and the setting of norms at the international level.
Sociopolitical Sciences. 2021;11(4):70-81
pages 70-81 views

Criminal Law Regulation of Robotics: Results of a Sociological Study

Begishev I.

Resumo

The purpose of the research. In order to establish approaches to the definition of the concept of “robot”, to understand the technological and legal essence of robotics, to form a model of legal regulation of robotics, to study the issues of criminal liability for socially dangerous acts complicated by the use of robotic devices, to describe the robot as a subject of criminal encroachment and to develop a promising mechanism for applying the criminal law in the event of harm in the course of functioning of autonomous robots, a survey (questionnaire) of respondents (N = 305) was conducted using modern digital technologies and an interactive method of collecting information. Results. The results of the conducted sociological survey almost completely confirm the reliability and correctness of the author’s previous scientific research, unequivocally prove their relevance and relevance in society.
Sociopolitical Sciences. 2021;11(4):82-91
pages 82-91 views

The “War of Brands” of Manufacturers of Robotic Autonomous (Unmanned) Weapons Systems, Equipped and not Equipped with Artificial Intelligence (Drones), and the Boundaries of the Application of Patents and Know-how

Belikova K.

Resumo

The article touches upon the competition, rivalry, “war” of brands of manufacturers of robotic autonomous (unmanned) equipped and non-equipped with artificial intelligence weapons systems (drones) in the context of the boundaries of application for their protection by patents and know-how. The relevance of the research is due to the fact that many states seek to implement the strategies they have adopted for the development of artificial intelligence, including that in the military sphere, which requires understanding of the approaches of Russia and foreign countries, including those in the development and implementation of such technologies from the perspective of law. The scientific novelty of the research is determined by the goal itself and the results of the work. Thus, based on the study of the products and economic indicators of the leaders in the market of artificial intelligence and unmanned vehicles for civil and military purposes, the main motives for expanding the market of unmanned weapons systems, ways to promote the corresponding products in the market of (non -) military technologies are identified. From the point of view of protection by brands under examination of their developments, patent protection and the know-how mechanism are considered in comparison, practical examples of the implementation of such approaches are given. It is revealed that the number of countries using (and wishing to use) UAVs in the military sphere exceeds the number of countries producing them, as a result competition between manufacturers manifests itself in the form of a “war” of brands of these products. The “wars” of non-military and military industry brands have similarities and differences. The lack of differentiation of UAV manufacturers by production volumes and areas of civil or military use leads to the conditionality of determining the leaders in the production of these products. At the same time, the modern industry in practice implements a mixed type of legal protection, when the main development is protected by a patent, and its individual details (technical solutions and methods of their implementation) are contained in the know-how mode according to the laws on trade secrets.
Sociopolitical Sciences. 2021;11(4):92-106
pages 92-106 views

Analysis of Intrabranch and Legal Regulation of Artificial Intelligence Technologies Using the Example of International Experience, the Experience of Foreign Countries and the Russian Federation

Silchenko R.

Resumo

The purpose of the study is to analyze intrabranch and legal regulating relations related to the development and application of artificial intelligence technologies. The documents of the strategic development of the industry, regulatory documents, and other documents directly and indirectly related to artificial intelligence technologies were studied. For example, the following are: the act of the Asilomar Conference, acts of the Council of Europe, acts of the European Union, the act of the Organization for Economic Cooperation and Development, the G20 Act, regulatory and technical documents of the United States, China, Canada, Denmark, France, the Russian Federation, as well as some bills. The analysis revealed: the insufficiency of regulatory regulation of the artificial intelligence branch, the shortcomings of national regulation of the artificial intelligence branch in some countries, the dependence of norms on the political regime, the duration and untimeness of the development of regulations, the lack of coherence in the development and application of artificial intelligence technologies at the interstate level.
Sociopolitical Sciences. 2021;11(4):107-121
pages 107-121 views

Features of the Institute of Alimentary Obligations for a Child in Italy

Artemieva Y.

Resumo

The author analyzes the institution of child support in Italy in the article. The issues of establishing the amount of alimony in court and by concluding an alimony agreement are considered: factors affecting the amount of alimony, grounds for revising this amount and the consequences of non-fulfillment of obligations. The obligation to support children in terms of the payment of alimony is considered both in relation to minor children and in relation to children who have reached the age of majority. The features of the institution of alimony obligations for a child in Italy are considered by the author not only on the basis of regulatory legal acts, but also on the basis of the established law enforcement practice, which makes it possible to eliminate many legal gaps.
Sociopolitical Sciences. 2021;11(4):122-127
pages 122-127 views

The concept of criminalistic doctrine on the implementation of special knowledge outside the forensic expertise

Zhdanov S.

Resumo

The article is devoted to the formation of a system of theoretical provisions that form the concept of forensic doctrine on the implementation of special knowledge outside forensic expertise (hereinafter - the Doctrine). With regard to the proposed Doctrine, the article reveals its following elements: the objective existence of the object of knowledge in the form of social relations arising from the implementation of special knowledge outside the forensic examination, and the identification of a set of elements that form the subject of knowledge; principles of the Doctrine; scientifically grounded goals, objectives and functions of the Doctrine; formed methods of the Doctrine; developed structure and content of the Doctrine; features of interaction and interrelation of the Doctrine and particular forensic theories (doctrines), sciences, etc. On the basis of the conducted independent scientific research, the author, under the forensic doctrine of the implementation of special knowledge outside forensic expertise, proposes to understand the branch of the section of forensic science, called the general theory of criminalistics, investigates the patterns of using special knowledge outside forensic expertise in the disclosure and investigation of crimes and develops methods and means of attracting persons possessing special knowledge, as well as the collection, research and use of their own and other special knowledge in legal proceedings.
Sociopolitical Sciences. 2021;11(4):128-136
pages 128-136 views

Features of State Protection Participants in Criminal Proceedings in Russian Federation

Shkhagapsoev Z., Kardanov R.

Resumo

Criminal activity in the modern world is developing at a very fast pace and in practice there are situations when criminals influence participants in criminal proceedings in order to conceal the real facts regarding their criminal behavior. In this context, the mechanisms of state protection of participants in criminal proceedings are of particular importance in order to exclude various forms and methods of unlawful influence on their functioning in the framework of the relevant proceedings. The above-mentioned institution has existed in Russian criminal procedural practice not so long ago, however, a significant increase in the number of applications for state protection objectively necessitates its improvement, taking into account the existing realities. Criminal influences on various participants in criminal proceedings can significantly complicate investigative activities and negatively affect the results of the proceedings. The purpose of writing a research paper is to identify the features of the organization and implementation of a set of protective measures in relation to the participants in the proceedings. The author comes to the conclusion that the institution of state protection of participants in criminal proceedings is essential for the effectiveness of criminal proceedings in Russia. Attention is focused on the need to improve the mechanism of state protection of the aforementioned persons in the context of the dynamic development of criminal practice and the availability of many new methods of illegal influence. On the basis of the conducted scientific research, the essential features of the current institution of state protection of participants in criminal proceedings have been identified, which it seems obligatory to take into account in the further development of appropriate protective mechanisms, taking into account the transformation of the Russian criminal legal system.
Sociopolitical Sciences. 2021;11(4):137-142
pages 137-142 views

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