Vol 5, No 1 (2018)

Articles
Ideological Clichés and Myths as an Instrument of the U.S. Foreign Policy
Yakunin V.I.
Abstract
The article deals with the analysis of the myths and ideological clichés as the fundamental elements of U.S. foreign policy. The author emphasizes the necessity to study the discourses formed by political elites around the main problems and directions of the state’s foreign policy. At the same time, in the article an attempt is made to integrate the achievements of Western and Russian political science related to ideological clichés and myths. Particular attention is paid to the role of myths and ideological clichés in the legitimization of the government’s foreign policy actions in the eyes of the electorate. The author shows the history of the formation of the basic myths and clichés of the U.S. foreign policy, their implementation during and after the Cold War. The article contains a detailed analysis of the concept of American exclusivity as well as the foreign policy guidelines that follow from it. In conclusion, the author shows how the world has adopted to such an approach for conducting foreign policy by the hegemonic state and what methods it uses to counteract it.
Russian Journal of Legal Studies (Moscow). 2018;5(1):9-19
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Post-Soviet Ukraine: the Ruling Regime in the Political Space of Ukraine, European Choice and Russophobia (Political and Legal Analysis)
Okhotsky E.V.
Abstract
This article is an attempt to understand what is happening in the system of power and public administration of modern Ukraine from the standpoint of scientific realism and socio - political objectivity. The author touches upon the problems of realization by the Ukrainian state of the interests of its people and values of the European choice, proves, in fact, the criminal essence of implementation in practice of the principles of ukrainism, nationalism and Russophobia, explores the «art» of anti-crisis management of the Maidan government and its effectiveness. The author also presents his vision of the historical lessons of the Ukrainian experience, the reasons for the impasse of many decisions of the current rigidly Pro-Western-oriented Ukrainian regime. The methodological basis of the research was made up of classical methods of scientific and legal research of relations, phenomena and processes in the sphere of modern Ukraine’s politics, public administration and its legal support. This analysis (including system-structural) and synthesis, abduction (hypotheses), induction ( from particular to General) and deduction ( from General to specif ic), history and comparativelaw, opinion polls and content analysis of documents, formal-logical method. The analysis is based on the relevant legal acts, sociological statistics, publications of government officials, scientists and publicists. The analysis shows that the conclusions and official statements of the current Ukrainian leadership in the vast majority of cases do not correspond to reality, that their strategic plans are wrong, contradictory and practically hopeless. At the same time, the Ukrainian experience teaches that even a wrong, not particularly effective and even destructive political course should remain in the field of close attention of the scientific community. The actual practice of political records should examine, assess and consider, trying to understand the essence of problems, investigate the causes of failures and deadlocks, and to draw the appropriate lessons. Objectivity of analysis, impartiality of assessments, sobriety of perception of alternative proposals are necessary in the process of state- building and the inevitable crisis stages with their numerous uncertainties, risks and legal conf licts. We need the ability to predict what difficulties and problems the country may face even in a highly developed economy and a fairly stable political and legal system. The easiest way to look for the reasons for failures on the side, shift the blame to predecessors or bad allies, blame foreign enemies or intractable opposition. It’s far harder to take responsibility, to admit to the lack of visioning and adaptability to constructive action.
Russian Journal of Legal Studies (Moscow). 2018;5(1):20-33
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Illegal Interference in Internal Affairs Sovereign States of the UN and in the Presidential Elections in Russia as Instrument of US Foreign Policy
Jilkin V.A.
Abstract
Since signing of the UN Charter on June 26, 1945, that enshrined the principle of non-intervention in internal and external affairs of sovereign states, the United States, within the period from 1945 to 2000, committed over 100 acts of conscious unlawful intervention in the affairs of more than 60 states worldwide with the view of realizing the «colour revolution» scenarios, coups d’état and arranging social destabilization. The attempts of outside intervention in Russia’s internal affairs, in violation of the universally recognized norms of international law and the UN Charter, take place constantly, in fact from the moment of Russia’s proclaiming state sovereignty. The alleged grounds for intervention in the affairs of sovereign states are a special view about the US mission, predominant with the American elite, which is used for the politicians’ public argumentation on their «inalienable right». The main goal of Western intervention in Russia’s internal affairs and the elections is changing the foundations of the constitutional order and political course, violation of the territorial integrity, modifying the composition and structure of the Russian authorities, as well as inf luencing the Russian young people in order to make them a tool for erosion of the national political systems. To prevent the external threats to the sovereignty of the Russian Federation and the attempts to interfere in its purely internal affairs, Russia uses the whole potential of political and diplomatic measures and parliamentary diplomacy, adhering to the generally recognized norms of international law enshrined in the UN Charter, in particular, in Article 2 of the UN Charter, in the Declaration on the Inadmissibility of Intervention in Internal Affairs of States, as concerns protection of their independence and sovereignty, the provisions of international treaties and foreign experience of defending sovereignty and opposing intervention from outside.
Russian Journal of Legal Studies (Moscow). 2018;5(1):34-42
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On State Sovereignty and the Coming World Order
Kerimov A.D., Khalipova E.V.
Abstract
The article is devoted to the consideration of a complex of problems relating to state sovereignty primarily of Russia and the future geopolitical world order. The authors proceed from the premise that in the conditions of globalization, which has won on a world scale, and the intensively developing processes of globalization, to preserve sovereignty, especially economic, no state is fully able to do so. The coming world order will be characterized by the existence and active activity on the international arena of three or four superpowers, possessing almost all the fullness of state sovereignty and in an extremely strict form dividing the territory of the globe and the global economy into spheres of influence. These states include the United States, China and, most likely, Russia. The fourth actor of this level can be that country that in the next 20-30 years will achieve the greatest success in the military and economic fields. All other countries will practically lose their state sovereignty (primarily economic and, as a consequence, its other kinds) and will be in one or the other, more or less, in a subordinate position in relation to the aforementioned powers.Russia will be able to maintain and consolidate its sovereignty, and again, along with the United States (in the near future, with the PRC and possibly another country), will gain the status of a superpower. But this will happen onlyif its ruling elite pulls out of its ranks numerous pro-Western, liberal-minded representatives of the «fifth column» and will become nationally oriented, nationally responsible and absolutely open. The authors hope that such self- purification of the ruling elite can occur bloodlessly.
Russian Journal of Legal Studies (Moscow). 2018;5(1):43-51
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Legislative Formation of the Arctic Zone of the Russian Federation
Shelomentsev V.N.
Abstract
Russia in XXI century conducts intensive scientific, economic, transport research in the Arctic zone, which is facilitated by certain climatic conditions. Our state is making great efforts to develop this region and protect its richest natural resources. Although there are certain climatic and ecological changes that lead to warming and shrinking ice cover.
Russian Journal of Legal Studies (Moscow). 2018;5(1):52-58
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Aspects of Information Security of the Russian Federation
Khaliullin A.I.
Abstract
The scientific article considers issues of ensuring international information security, the component of which is the information security of the Russian Federation. High-tech methods and characteristics of the criminal space for committing crimes in the field of computer information determine their effectiveness. At the same time, there is no common position of states in the issues of countering cybercrime, which is predetermined, among other things, by the different level of penetration of information technologies. Despite the efforts of the Russian Federation to formulate rules for networking, including the inadmissibility of violating the information (network) sovereignty of states and other proposals put on the agenda of working groups at the UN, they do not find support from individual groups of countries. The absence of universally recognized borders in the network space, as well as procedures for interaction between law enforcement agencies in order to counteract cybercrime, forms a potentially conf licting information environment with a relatively low level of security. Identifying, suppressing and investigating cybercrime is, in most cases, complicated by the transboundary nature of the acts committed, which involves coordinating the efforts of law enforcement agencies of different states.Currently Russia is implementing a set of measures aimed at the regulatory regulation of the use of procedural documents in electronic form in order to accelerate the interaction of participants in criminal proceedings and reduce the terms of criminal proceedings: material evidence in criminal cases is electronic media containing electronic documents; separate elements of electronic document management are introduced. However, the legislation of the Russian Federation in the information sphere, as well as the practice of its application, needs further improvement.A special place among the subjects of counteracting the dissemination of information on the Internet, the circulation of which is limited in the territory of the Russian Federation, is assigned to the bodies of the Procurator’s Office of the Russian Federation, which not only oversees the implementation of laws throughout Russia, but also directly eliminates the causes and conditions that contributed to the commission of cybercrime.
Russian Journal of Legal Studies (Moscow). 2018;5(1):59-65
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The Problem of Legal Regulation of International Information and Cybersecurity in Modern World Politics
Stoletov O.V.
Abstract
The article analyzes the approaches of the United States of America, Russia, China, India and Brazil to the problem of legal regulation of international information and cyber security. The author considers the positions of the states in relation to the basic principles of the existing international documents in the field of information and cyber security, analyzes new initiatives in the field of developing international political and legal decisions in this area, and studies the actual practice of political regulation of this sphere at the national-state level. The author concludes that the development of general principles of political and legal regulation of the sphere of international information and cyber security becomes an urgent need for a policy of global security.
Russian Journal of Legal Studies (Moscow). 2018;5(1):66-72
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Legal Responsibility in Civil Society
Uvarov A.A., Uvarov A.A.
Abstract
The article discusses the various types of content and legal liability in civil society. In the analysis of the concept of positive responsibility points to the fallacy of its identification with a political responsibility. The legal effect of a positive responsibility can be interpreted as a principle or interest, which are designed to provide not only the rights and freedoms, but also the interests of citizens. It draws attention to the feature of responsibility to the state business community, which is sometimes interpreted broadly as a social responsibility, and in practice is often associated with the violation of the rights of business structures.The article proposes to eliminate the legislative gap regarding the responsibility of the representative body of local self-government to the population by including the relevant provisions on the use of a population of mandatory and advisory forms of responsibility to this body. Describing the action of public and corporate inf luence on violators of the relevant social norms, the authors show their distinctive features, highlighting the proactive, preventive nature of these measures with respect to measures of legal liability, the applicable public authorities.In conclusion, we discuss the various purposes of legal liability in civil society, draws attention to the ambiguity of the positive potential of the empowerment of civil society at the expense transferred by it of certain state functions, as outside the legal regulation remain many questions about the conditions and the adoption of these structures sometimes their illegal decisions.
Russian Journal of Legal Studies (Moscow). 2018;5(1):73-80
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Individual Law as the Basis of Legal Behavior of an Individual
Krasnov A.V., Skorobogatov A.V.
Abstract
Object of research - the individual law inf luencing along with positive and social, on law behavior of the individual. The mechanism of forming and action of the individual law is considered.Research methodology. A methodological basis of article is the post-classical scientific rationality which determined the choice of private and scientific methods of a research: comparative, anthropological, system.Novelty of a research and conclusions. The individual law is considered as the independent form of law as the system of the regulations and values created in the process of social and individual law experience of the individual, determining his law behavior in a specific situation.
Russian Journal of Legal Studies (Moscow). 2018;5(1):81-90
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Name of the Highest Official of the Republic: Legislation and Practice
Kurmanov M.M.
Abstract
The analysis of the Amendments to the Federal Law of 6 October 1999 «On General Principles for the Organization of Legislative (Representative) and Executive Bodies of State Power in the Subjects of the Russian Federation» is presented in connection with the restrictions in establishing the name of the post of the highest official of the subject of the RF.Recognizing the majority of amendments to the Federal Law, useful and deserving of support, we consider, however, certain provisions of this law are highly controversial and controversial.The drafts of federal laws introduced by deputies of the State Duma of the RF and received negative feedback fromthe Government of the RF and the legal department of the State Duma of the RF and rejected by the State Duma of the RF. The execution of the Federal Law in the Republic of Tatarstan is analyzed, taking into account the treaty on the delimitation of powers and powers between the bodies of state authority of the Russian Federation and the state authorities of the subject of the Russian Federation of June 26, 2007. The author suggests ways of solving this problem in the Republic of Tatarstan.
Russian Journal of Legal Studies (Moscow). 2018;5(1):91-95
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Problems and Prospects of Research of Legal Life of a Person and Society
Popov E.A.
Abstract
The article considers the phenomenon of legal life of man and society. Special attention is paid to the peculiarities of the investigation of this phenomenon in the jurisprudence and social Sciences. The role of legal life in the development of public relations and the overall legal system of the state. Axiological approach to the study of the legal life of man and society combines the efforts of law and social Sciences in the study of this phenomenon. This legal life is seen in a number of other independent phenomena and phenomena and legal reality, the legal mentality and law. These phenomena in scientific discourse as the phenomena relate to: 1) complement each other in meaning;2) showing the dynamics of the formation and consolidation of the society of legal values, based on the preservation of traditional values and norms; 3) constituents of the essential elements of any legal system in any historical time;4) inf luencing the formation of those or other legal norms and rules; 5) defining the nature of the relationship with different entities in law. Identify features of the legal life of man and society has an undeniable value for modern Sciences and knowledge. It is the legal life extends to all human individual and collective existence, affects the traditional values and norms. The article made the following conclusions: 1) the legal life connected with the daily life of a person; 2) legal life based on ancestral values, as well as cultural universals that are present in every national culture; 3) it becomes one of the factors of socio-cultural development of societies and States; 4) has an impact on the legal reality, since it ref lects the legal expectations of individuals; 5) appeals not only to the system of law and legal norms, but also to ethics, morals, principles of social justice and freedom.
Russian Journal of Legal Studies (Moscow). 2018;5(1):96-101
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Is It Needed to Criminalize Abuses in the Field of International Sports?
Maksimov S.V.
Abstract
In the article, a thorough analysis of legislation in the sphere of sport regulation is carried out; The status of the organizers of international official sports competitions is explored in detail. Particular attention is paid to the IOC. The author broadly describes the structure of the IOC administration, the powers of the IOC governing bodies, addresses the issue of the fairness of IOC referring to non-profit organizations, indicating high profitability from international Olympic activities, as well as sole ownership and disposal of the Olympic property. Attention is also drawn to the specific status of the IOC as a pseudo-judicial body.Further in the article questions of a legal status of participants of the legal relations arising in connection with carrying out of the official international sports competitions are mentioned. It is concluded that the provisions of the Olympic Charter contradict the UN International Covenant on Civil and Political Rights of 1966, which prohibits any discrimination on any grounds. The deprivation of the citizen’s right to know about the reasons for the refusal to realize the legitimate interest, in the author’s opinion, is a specific form of abuse of the law.The problem of criminal liability for abuse of persons performing administrative functions in international organizations, in the sphere of organizing and organizing international sports competitions is raised. It is proved that the current Criminal Code of the Russian Federation and its art. 184, 201, 230.1, 230.2 do not fully protect the rights and legitimate interests of stakeholders, which is also confirmed by the fact that the extent of the practice of applying these prohibitions does not ref lect the actual extent of the problem. The author analyzes the current criminal legislation of the Russian Federation on the responsibility for the abuse of persons performing managerial functions in the non- state sector (including in the sphere of organizing and holding international sports competitions), and the practice of its application; shows that the relevant legislation does not provide for the purposeful prevention and suppression of socially dangerous actions of persons exercising authority in the sphere of organizing and conducting international sports competitions in sports, for abuses that are associated with violation of the rules established by the regulations (charters) of such organizations, as well as with use of their powers in violation of the principles of international law, which caused significant harm to the rights and legitimate interests of the athlete new and teams of athletes, organizations, law-protected interests of the state. In this regard, it is proposed to supplement the Criminal Code with a new article 201.3 «Abuse of powers in the organization and conduct of official international sports competitions».
Russian Journal of Legal Studies (Moscow). 2018;5(1):102-114
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On the Theory of Evidence in the Russian Criminal Trial
Aristarkhov A.L.
Abstract
The article is devoted to issues related to the emergence and development of proof, including in codified form in the criminal process of Russia. The author of the article draws attention to the fact that simplified proof is the ancestor of subsequent advanced from the position of procedure, methods of proof. At the same time, when it seemed to present certainty, and reiterates the lack of clarity about exactly what traits characterize (unite) simplified the proof. This article does not question the necessity of data availability of criminal procedure institutions. However, attention is drawn to the fact that in the conditions of their existence, the previously developed rules of evidence several questioned, creating a need for careful scientific analysis of such a situation.
Russian Journal of Legal Studies (Moscow). 2018;5(1):115-121
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Criminalization of Acts in the Sphere of Lifetime and Postmortem Donation
Chernysheva Y.A.
Abstract
The present article is devoted to questions of improvement of the criminal legislation regarding a regulation of responsibility for the crimes connected with an illegal removal of organs and fabrics of the person in the Russian Federation. The specification of a problem of criminal and legal responsibility for some acts in this sphere demands very close attention and the optimum decision.
Russian Journal of Legal Studies (Moscow). 2018;5(1):122-124
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Criminally-Legal and Criminological Measures Directed on the Prevention of Crimes in the Sphere of Cadastral Activity
Kazanchev I.T., Dvortsov V.E.
Abstract
One of the positive tendencies of the modern criminal policy is the recognition of the priority of prevention of criminal encroachments, acknowledgement to that are the changes in the Criminal Code of the RF carried out in the last five years, one of which was the introduction by the legislator for criminal responsibility of cadastral engineers (article 170.2 of the Criminal Code). However, this crime has a high latency, the damage to individuals, organizations and the state is constantly growing, there is a lot of criminogenic determinants that contribute to crime in this area, therefore, it is necessary to develop a set of preventive measures which will allow to solve tasks of combating crime in this area at the least cost to society, in particular without turning on the full force of a complex mechanism of criminal justice without the use of this form of state coercion as a criminal punishment.
Russian Journal of Legal Studies (Moscow). 2018;5(1):125-130
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Criminally-Legal Ways of Maintenance of Safety of Citizens in the Sphere of Housing and Communal Services
Kravchenko R.M.
Abstract
The article considers the issues of security of citizens in the implementation of capital repair of premises by the application of a crime under article 216 of the Criminal Code of the RF. The relevance of this topic is ref lected in the statistics of the state of housing conditions in the Russian Federation, as well as the potential danger of works on capital repair of premises. This fact is indirectly ref lected in the clarifications of the Plenum of the Supreme Court of the RF concerning the issues of qualification of crimes under article 216 of the Criminal Code. However, a law enforcement official is often faced with serious difficulties in the legal assessment of the facts of the injury as a result of unsafe work in the sphere of housing and communal services. This fact also expresses the relevance of the study of issues of qualification unsafe in the conduct of capital repair of premises.The article analyzes the statistical indicators of housing conditions in the Russian Federation, as well as volume of works on capital repair of premises. Also, the paper examines the provisions of the housing and civil legislation governing the execution of works in the field of housing legislation. Based on the results of the analysis of the findings, relevant to the application of the criminal law in this field.In the study discussed the issues of indicators of public danger of the unsafe performance of works in the sphere of housing and communal services and their impact on the qualification of socially dangerous acts in this sphere. The author makes conclusions about the final time of the acts associated with the violation of safety rules during performance of works on capital repairs of residential premises.
Russian Journal of Legal Studies (Moscow). 2018;5(1):131-135
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Mediation and Its Role in the Settlement of Internal Territorial Conflicts in the RF
Tsvetkova O.V.
Abstract
In the article the author offers to use the technology of political mediation in the settlement and the settlement of internal territorial conf lict in the political space of the Russian Federation. Special attention is given to latent internal ethno-territorial conf licts. This article assumes that the mediator in resolving this type of conf lict should be professional and non-professional mediator, using the elements of the technology of political mediation in the form of mediation, conciliation and arbitration.
Russian Journal of Legal Studies (Moscow). 2018;5(1):136-140
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Constitutionalization of International Law in Light of Modern International Relations
Aznagulova G.M.
Abstract
Within present-day globalization processes, we witness internationalization of the state law order while constitutionalization of the international relations and international law gains more importance. The paper discusses the process of international law constitutionalization as an embodiment of general human values in the state law in accordance with the views of Academician T.Ya. Khabrieva. The author demonstrates that the international law constitutionalization must have the sources of state law as its basis and must take into account the world political and legal experience as well as the doctrinal items of the national legal studies. Kant’s «eternal peace» idealistic as it might seem, however devoid of illusions, may and must serve the basis for «the dialogue among civilizations» and the leading principle of the global world existence, stabilization of the foundations of world order declared by the League of Nations and the United Nations Organization. Immanuel Kant’s ideas that are stated in his writings stipulate the idea of peace. These ideas were in fact the basis of the most relevant international political and legal documents including those in human rights. The ideas are topical nowadays and are of interest in present-day theory and practice of international law and international relations. The author emphasizes the practical value of Kant’s categorical imperative for the law.
Russian Journal of Legal Studies (Moscow). 2018;5(1):141-147
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On the Issue of a System of International-Legal Instruments in the Sphere of Regulation Intergovernmental Technology Transfer Cooperation for Sustainable Development
Shugurov M.V.
Abstract
The research objective of this study is an elaboration of the notion about set of international-legal instruments of different legal effect in the area of sustainable development that containing provisions on transfer of environmentally sound technologies. The urgency of such analysis is determined by that the technology transfer is regarded in the Post-2015 Agenda as one of means of achieving the Sustainable development goals. This technology transfer is especially significant for developing countries. As methodological background of present study acts the concept of «hard» and «soft» international law showed as relevant for international-legal regulating international scientific and technological cooperation in general and technology transfer in particular. Thereupon the sources of «soft» law are divided on key documents of program and strategical character adopted by global sustainable development summits, on the one hand, and acts of general organs of international organizations, on the other hand. Article demonstrates in a special way the role of strategies and programs elaborated and realized for purpose of implementation of international-legal obligation in the area of technology transfer. Author’s increased attention has been paid to analysis of interrelation of international instruments of «soft» and «hard» international law in area regarded that the concept of sustainable development are embodied similarly. There have been ascertained that adopting new international-legal obligations provided for the anew concluded international conventions and implementation of obligations upon earlier concluded international conventions occur in parallel with adopting and implementing political-legal obligations having stimulatory character. In present article have been showed that recommendatory documents plays a significant role for increasing efficiency of international-legal regulating international scientific and technological cooperation. The general conclusion is a proposition that consecutive and complex meeting different obligations provided for such instruments is an essential conditions of cumulative effects capable of brining closer the transition to sustainable development.
Russian Journal of Legal Studies (Moscow). 2018;5(1):148-157
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Regulators of Adaptation of Migrants(Issues of Methodology and Classification)
Kapitsyn V.M.
Abstract
The paper is devoted to methodological approaches to the classification of regulators affecting the adaptation of migrants. System failures immigration laws and immigration policy claimed new methodological approaches to the study of the interaction of legal, political and other regulators affecting the adaptation of migrants. The author analyzes the content of immigration relation divided regulators on «vertical» and «horizontal».
Russian Journal of Legal Studies (Moscow). 2018;5(1):158-166
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Loyalty to a Constitution and the Problem of Harmonizing the Ideas of Constitutionalism and the Fulfillment of International Obligations in the Field of Human Rights
Kravets I.A.
Abstract
The article discusses the theoretical foundations of the concept of fidelity to the Constitution and judicial constitutionalization of the supremacy of the Constitution, the circle understanding of constitutional hermeneutics, the problem of the relation of constitutional justice and supranational jurisdiction, the role of the new authority of the Constitutional Court of the Russian Federation (consideration of cases on the possibility of enforcing the decisions of the intergovernmental body for the protection of human rights and freedoms) in the system for ensuring the rights and freedoms of man and citizen.
Russian Journal of Legal Studies (Moscow). 2018;5(1):167-180
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City Duma in the System of Local Government of the Russian Empire
Shcherbakov S.V., Artemov G.A.
Abstract
The article considers the order of formation, powers and operation of the City Duma in the system of local governments.
Russian Journal of Legal Studies (Moscow). 2018;5(1):181-184
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The Main Tendencies of the Political Development of the Indian System of Local Self-Government after the Adoption of the 73rd and 74th Constitutional Amendments
Emelyanova N.N.
Abstract
The article is devoted to actual tendencies of development of local government system in India after gaining of the constitutional status. Considered such topics as the phenomenon of new leadership at the local level in the context of overcoming the traditional distribution of political power; feminization of panchayats; inf luence of regional parties on the activities of local government.
Russian Journal of Legal Studies (Moscow). 2018;5(1):185-192
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Types of Individual Judicial Regulation
Stepin A.B.
Abstract
In the article the questions of realization of forms of individual judicial regulation, characterized by their diversity in the system of legal regulation of social relations. Examines the problem of complex implementation of regulatory and individual legal forms of regulation. The analysis of the concept and essence of individual judicial regulation.
Russian Journal of Legal Studies (Moscow). 2018;5(1):193-197
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Reforming Licensing Activities:a Comparison of the Experience of Kazakhstan and Russia
Vilisov M.V.
Abstract
In Kazakhstan and Russia, similar institutional reforms are carried out in the sphere of business regulation. In connection with the reform of permitting activities that began in 2017 in the Russian Federation, a similar reform carried out in Kazakhstan in 2014 is of special interest for comparative study. Many legal novels used in Kazakhstan can be applied in the Russian reform. At the same time, for successful implementation, it is advisable to use Kazakhstan’s experience of political and administrative support and strategic planning of reforms.
Russian Journal of Legal Studies (Moscow). 2018;5(1):198-203
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Monetary Surrogates:the Looking Glass of Modern Regulation
Pechegin D.A.
Abstract
«Current legislation of the Russian Federation establishes a variety of currency restrictions, which are a set of rules established by the state, designed to protect the national currency to affect the behavior of participants in foreign exchange transactions by imposing prohibitions or additional encumbrances on certain foreign exchange transactions». One of the such rules is the provision of art. 27 Federal Law No. 86-FZ of 10.07.2002 «On the Central Bank of the Russian Federation (the Bank of Russia)», according to which the introduction in the territory of the Russian Federation of other monetary units and the issuance of monetary surrogates are prohibited. Meanwhile, the current legislation does not establish any liability for the issuance of cash surrogates. Moreover, new technologies are increasingly being introduced into our lives and are constantly inf luencing the legal environment in which we are currently surrounded. Much attention today is focused on the topic of cryptocurrency and the use of blockchain technology in the public and private sectors. Currently, both professional and non- professional participants are increasingly discussing various aspects of the use of cryptocurrencies in a particular state. The article analyzes urgent issues of the circulation of money substitutes, identifies the prospects of establishing criminal responsibility for the issue and circulation of money substitutes, etc.
Russian Journal of Legal Studies (Moscow). 2018;5(1):204-207
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Necessary Development Prospects for the Institute of State and Law of the Russian Academy of Sciences
Luneev V.V.
Abstract
The article analyzes some of the shortcomings of the socio-legal and criminological research and provides the necessary prospects for the development of a real analytical studies in order to create effective law-making.
Russian Journal of Legal Studies (Moscow). 2018;5(1):208-221
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State Anti-Crisis Management:the Age of the Formation of a New Model(Review of the Monograph of the Collective of the Authors of the MGIMO Russian Ministry of Foreign Affairs, under the General Editorship of Professor E. V. Okhotskiy «Public Administration in the Conditions of Crisis and Sanctionary Constraints: Domestic and Foreign Experience».M.: MGIMO-University Publishers, 2017. 889 p.)
Ampleeva T.Y.
Abstract
The monograph «Public Administration in the Conditions of Crisis and Sanctionary Constraints: Domestic and Foreign Experience» touches upon the need for the operational development of concepts and mechanisms for studying, assessing, forecasting and sequential overcoming of actual crisis manifestations, especially the geopolitical crisis that began with the collapse of the USSR at the turn of the century and destroyed the relative stability of the system of international relations, based on the bipolarity of the world order.The authors of the monograph defined the subject of their research, starting from the assumption that the state’s anti-crisis strategy should be used not only as an emergency measure to restore the destroyed system, but also as the most important form of generating new approaches to public administration that can provide modernization of this system in difficult and extremely contradictory conditions globalization, the growth of crisis contradictions and international sanctions. The monograph attempts to comprehend foreign and domestic experience in the development and implementation of various models of anti-crisis development and identify the most acceptable methods of state anti-crisis management for Russia.The monograph under review is innovative, original, executed on a high scientific level by research. Many of the informative plots of this research appeared in the scientific plan for the first time and can not but interest the theorists and practitioners of state administration, constitutional and administrative law.
Russian Journal of Legal Studies (Moscow). 2018;5(1):222-228
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Review of the Collected Scientific Works of Mikhailovsky N. K.«Human. Thinker. Public Figure (on the 175th anniversary of his birth): Ed. G. N. Mokshin». (Voronezh: The Publishing House of VSU, 2017. 300 p.)
Myrikova A.V., Puchnina O.E.
Abstract
Nikolai Konstantinovich Mikhailovsky is a prominent figure in the history of Russian social and political thought, a classic of populism, a vivid publicist, public figure, authoritative thinker, teacher of Russian life and «ruler of the thoughts» of the post-reform Russia in the 19th century. Collection «N. K. Mikhailovsky: The man. Thinker. A public figure (on the occasion of his 175th birthday)», published in Voronezh on the basis of the Voronezh State University, was able to unite the researchers of populism thoughts from all over the country. The collection includes articles by authors from different cities of our country: Voronezh, Moscow, St. Petersburg, Barnaul, Tambov, Taganrog, Surgut, Krasnoyarsk, Orel, Balashov. The collection contains articles by leading specialists on this subject - V. V. Blokhin, V. V. Zvereva, G. N. Mokshina, A. A. Shirinyantsa, A. I. Yudin and others.The diversity of topics and approaches to the analysis of Mikhailovsky’s works, selected by the authors of the collection, provides a comprehensive view of the object of study and the breadth of ideological coverage.The publication of the collection of scientific articles «N. K. Mikhailovsky: The man. Thinker. Public figure» is a landmark event for contemporary humanitarian thought, the history of social and political thought and the history of the social movement in Russia. It represents a successful combination of high professional analysis, relevance and acuteness of topics and can be recommended to specialists in the field of the history of populism thought, and to all those interested in the history of Russia of modern times.
Russian Journal of Legal Studies (Moscow). 2018;5(1):229-235
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Review of the Textbook Karateev A.Yu., Chetyrina N. A.«Collection of Documents on the History of Modern Times» (M., 2017)
Golubev S.I.
Abstract
This article is a review of the collection of documents on Modern History prepared by Karateev A.Yu., Chetyrina N. A. for students of political science majors. The article notes the significance of this textbook for educational process, analyses the principles of document’s selection and their thematic scope, underlines the importance of presented reference apparatus and comments. The article makes the conclusion about the desirability of further work on specialized textbooks for students of political science devoted to other historical periods.
Russian Journal of Legal Studies (Moscow). 2018;5(1):236-239
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