Reference:
Trofimov E.V., Metsker O.G..
Methodology for qualitative assessment of optimization of legislation and law enforcement practice based on big data analysis of the cases on administrative offences
// Law and Politics.
2020. № 10.
P. 10-26.
DOI: 10.7256/2454-0706.2020.10.43383 URL: https://en.nbpublish.com/library_read_article.php?id=43383
Abstract:
The subject of this research is the interdisciplinary legal and computer research tools and methods. The authors substantiate the interdisciplinary (legal-computational) methodology for automated analysis and assessment of qualitative changes in legislation and law enforcement practice. Interim results of the research project that are of methodological nature and cover methodological paradigm, principles, means and methods of scientific research are provided. The formulated conclusions represent a summary of heuristic search and computational experiments carried out in the domain field of administrative tort law, as well as comprehension of the process and results of research from both, legal and computer perspectives. Explanation is given to the interdisciplinary paradigm in the indicated methodological area. Leaning on the empirical evidence and observations, the author formulates the three research principles: principle of heterogeneity of domain, principle of discreteness of legal practice, and principle of identity of the model. As the key research tools, the author substantiates and tests in computational experiments the scientific information-analytical system, mathematical and social indicators have been developed, justified and tested in computational experiments. Computer methods (knowledge modeling, natural language processing, machine learning) that ensure automation of identification and usage of indicators mate with the dogmatic method, systemic analysis and expert assessment responsible for legal interpretation of computations. The legal and computer tools are determined for identification and usage of the principal indicators. In conclusion, the author outlines a number of problems and restrictions determined in the course of the conducted research.
Keywords:
artificial intelligence, machine learning, big data, digital state, administrative responsibility, optimization of law, efficiency of law, computer methods, indicators, interdisciplinary study
Reference:
Yanik A.A..
“Digital legitimation” of scientific knowledge: to articulation of the problem
// Law and Politics.
2020. № 10.
P. 27-40.
DOI: 10.7256/2454-0706.2020.10.43384 URL: https://en.nbpublish.com/library_read_article.php?id=43384
Abstract:
Manifestation of the new methods of scientific research based on computational processing of high volumes of data (experimental, statistical, secondary information, etc.) led to broadening of the methods of scientific cognition, as well as to changes in the processes of legitimation of new knowledge. The article examines separate aspects of the indicated changes, and raises a question on the need for more accurate and systematic monitoring and analysis over the processes of changing the mechanisms of legitimation of scientific knowledge, obtained within the framework of “science based on big data”. The conclusion is made that in the context of the Fourth Paradigm (Data-Intensive Science) is being formed the fourth strategy for legitimation of scientific knowledge – “digital legitimation”. The knowledge generated by data-intensive science is legitimized virtually by complexity and scale of technologies used for its acquisition. The author underlines the need for thorough analysis of the “digital” type of legitimation due to the fact that the expansion of digital method for production of scientific results bears a number of risks. Particularly, alongside with accumulation of inaccuracies and deterioration in the quality of scientific examination, most severe risks consist in possibility of science being caught into the institutional development traps, as well as in exacerbation of the existing systemic crisis.
Keywords:
Science Governance, Science Development, Artificial Intelligence, Big Data, Digital Technologies, Digital Transformation, Legitimation of Knowledge, Fourth paradigm, Digital World, Risk Management
Reference:
Glushachenko S.B..
Political parties of Russia and Kazakhstan: comparative legal analysis of the legislation
// Law and Politics.
2020. № 8.
P. 47-57.
DOI: 10.7256/2454-0706.2020.8.43353 URL: https://en.nbpublish.com/library_read_article.php?id=43353
Abstract:
The subject of this article is the comparison of the legislation of the Russian Federation and the Republic of Kazakhstan with regards to regulation of the establishment and activity of political parties. Multi-party system became a new phenomenon for both countries at the turn of the XXI century, and one of the tasks faced by the states consisted in its proper normative regulation. History of the countries did not provide adequate source material for the establishment of genuine multi-party system. The political parties basically functioned in the atmosphere of legal vacuum, which attached the attributes of chaos to the political life. Despite the common starting point along with the external similarity of party system in Russia and Kazakhstan, the legislation on parties has national specificity. Kazakhstan's legislation at the constitutional level enshrines the importance of parties for public life of the country. The first law on political parties was adopted in 1996, while the effective law has a different conceptual framework – it arguably became the product of evolution of the party system and corresponds with its current state. Russian legislation on political parties has a shorter history, and clearly is in a formative stage, which is testified by a number of amendments made to the corresponding federal law. However, the legislation of both Russia and Kazakhstan has a number of advantages that should be considered in further improvement of the normative legal base, which is especially relevant in a time of political transformation that affected both countries.
Keywords:
Russia, right of association, constitutional rights, multi party system, party system, political party, Kazakhstan, public associations, the State Duma, Majilis
Reference:
Shaidullina V.K..
Legal regulation of functionality of the trade aggregators online
// Law and Politics.
2020. № 8.
P. 58-66.
DOI: 10.7256/2454-0706.2020.8.43357 URL: https://en.nbpublish.com/library_read_article.php?id=43357
Abstract:
The object of this research is the public relations in the area of functionality of the trade aggregators online. The subject of this research is the normative legal acts regulating these public relations. A definition is provided to the trade aggregators, with emphasis on the key disadvantages of e-commerce for consumers from the perspective of application of such tools. The author examines foreign experience of legislative regulation of e-commerce, as well as underlines one of the crucial problems in regulation of e-commerce relations consisting in responsibility for the quality of information, published by the seller within the framework of indicated aggregators. As evidenced by practice, online purchase of goods involves various risks and conflict situations, which should be taken into account by all e-commerce participants. It is noted that the activity of aggregators intensify competition in e-commerce. Thus, the author suggest to enshrine a universal definition of Internet aggregators not in the sectoral legislation, but in Law No. 149-FZ of July 27, 2006 “On Information, Information Technologies and Information Protection". Only then would be possible to establish responsibility of the trade aggregators in sectoral legislation (for example, in the area of transportation services, communications, commerce, etc.).
Keywords:
Russia, responsibility, consumer, seller, buyer, commodity aggregatore, e-commerce, protection of rights, Internet, information broker
Reference:
Panfilov G..
Mechanisms of property compensation to victims of crimes: experience of foreign countries
// Law and Politics.
2020. № 6.
P. 1-14.
DOI: 10.7256/2454-0706.2020.6.43340 URL: https://en.nbpublish.com/library_read_article.php?id=43340
Abstract:
The subject of this research is the analysis of mechanisms of compensation for property damages causes by commission of a crime that are implemented in foreign legal systems. The object of this research is the texts of normative legal acts, case law materials from a number of European and Asian countries, as well as legal research on the topic. Familiarization with foreign experience of compensation for crime damages can present interest for Russian researchers, and serve as the basis for developing substantiated empirical recommendations on improvements to the system of current Russian legislation. The author determined a number of common development trends of the mechanisms of compensation of damages to the victims of crimes in foreign law. Among these trends are the recognition of the need to strengthen protection of the rights of victims; creation of several alternative mechanisms of compensation for criminal damages, with the choice left to the actual victim; creation of public compensation funds, intended to ensure reparation of the violated rights of citizens in cases where crime was unsolved or property of the criminal was insufficient to fully compensate damages incurred by the victim.
Keywords:
Germany, UK, comparative law, victim of crime, crime, harm, France, China, India, Japan
Reference:
Panfilov G., Gao Y..
Reform of the system of oil and gas natural resource payments for the purposed of attracting investments: the experience of the People’s Republic of China
// Law and Politics.
2020. № 3.
P. 8-18.
DOI: 10.7256/2454-0706.2020.3.43315 URL: https://en.nbpublish.com/library_read_article.php?id=43315
Abstract:
The subject of this research consists in the analysis of the experience of the People’s Republic of China (PRC) on reform of the system of taxation of oil and natural gas extraction, which can present significant interest for Russian executive branch and researchers in the conditions of reform of Russian natural resource legislation, as well as introduction of the excess profit tax (Article 25.4 of the Taxation Code of the Russian Federation). Moreover, this is the first Russian-language writer article on exploring the content of the new PRC law “On Resource Tax”, which will be enacted from September 1, 2020. Based on the works of Russian, American, and Chinese scholars alongside Russia’s and China’s legislations, the article employs the method of synchronized and diachronic (historical) comparison and general scientific methods (formal-logical, analysis, synthesis) for determining peculiarities of China’s approach towards execution of legal reforms. The following specificities of China’s legal reforms were determined: preliminary formulation of goals of the legislative changes at the highest levels of state government, testing of the legislative changes in the territories of separate provinces, priority of goals of national development over budget revenue, adaptation of traditions of China’s legal technique to the requirements of foreign investors. The conclusions made in this research can be of interest for lawmakers, as well as all parties interested in comparative legal studies.
Keywords:
tax history, income tax, foreign investment, tax reform, China, mining, comparative law, taxation, environmental tax, natural resource payments
Reference:
Elizarov V.P..
To the question of determining the campaign finance and “shadow” campaign financing
// Law and Politics.
2019. № 11.
P. 20-28.
DOI: 10.7256/2454-0706.2019.11.43278 URL: https://en.nbpublish.com/library_read_article.php?id=43278
Abstract:
The subject of this research is the impact of the legislative norms upon political behavior. The goal of this article consists in the attempt to answer the question of how the candidates change their behavior depending on the changes in the legal norms that regulate the rules of conduct in the electoral campaigns. This problematic is being analyzed on the example of norms that establish the rules of financing and financial reporting for campaign finance. The empirical foundation of this research includes current electoral legislation of the Russian Federation and law enforcement practice in the area of campaign finance. The methodological base for this research consists in the modern institutional theory, which allows establishing connection between the current legislation and law enforcement practice. The examination of electoral legislation allows concluding on the presence of complex dependency between the limits of campaign expenditures established by current legislation and the portion of “shadow” campaign finance. Based on the conducted research the author makes recommendations that would allow reducing the portion of “shadow” finance in the electoral campaigns, as well as optimize the rules and procedures for campaign finance.
Keywords:
financial reports, legal incentives, electoral funds, electoral finance, political behavior, institutional analysis, political institutions, electoral law, law enforcement, electoral politics
Reference:
Chereshneva I..
To the question of legal qualification of mining
// Law and Politics.
2019. № 9.
P. 48-55.
DOI: 10.7256/2454-0706.2019.9.43271 URL: https://en.nbpublish.com/library_read_article.php?id=43271
Abstract:
The lack of legal clarity with regards to the legal nature of cryptocurrencies and the process of its mining, the subject of this research lies in the attempt to view the latter as one of the types of business activity, which is particularly relevant in both, theoretical and practical terms. The author meticulously examines the concept and types of mining; analyzes the activity in the area of mining through the prism of the legislatively established definition of business activity; as well analyzes case law and foreign experience on the matter. The conclusion is made that mining corresponds with the legislatively established definition of business activity, and thus it is necessary of demarcate the business and non-business character of activity in the area of mining. At the same time, the future federal law “On the Digital Financial Assets” should envisage the set of criteria (such as profit margin per calendar year, existence of infrastructure used exclusively for cryptocurrency transactions, rapid changes in the volume of cryptocurrency reserve, etc.) that allow considering mining as one of the types of business activity.
Keywords:
legislative drafting activities, bitcoin, digital economy, digital assets, entrepreneurship, cryptocurrency, blockchain, mining, digital assets turnover, income
Reference:
Belikova K.M..
Implication of the network economy in law: general approaches and application of the network information technologies in BRICS countries
// Law and Politics.
2019. № 8.
P. 76-88.
DOI: 10.7256/2454-0706.2019.8.43267 URL: https://en.nbpublish.com/library_read_article.php?id=43267
Abstract:
In line with the general approaches and implementation of the network information technologies in BRICS countries, this article exposes the issues in the development of network economy and the reflection of its specificity in law at the present stage. Considering the fact that currently along with the market economy exists and gradually develops the information network economy, which practically does not have such characteristics as exceptionality, competitiveness and transparency, the author examines the economic relations in the hierarchical and network economy. The article provides the examples of organization of research activities based on the “open” network model, application of network information technologies in education, as well as analyzes certain problems (such as taxation) caused by the network form of interaction in organization of the cross-border e-commerce. The relevance and novelty of this study are substantiated by the fact that the development of information technologies, their convenience and other advantages, will not allow (in absence of global cataclysms) returning to the traditional economy, thus, they will continue advancing and require adequate legal regulation. Therefore, the goal of this research lies in determination of the modern directions for application of the achievements of the information network economy for establishing the depth and compliance with legal regulation and the need for making corresponding amendments. One of the results consists in establishing fact of the irreversible shift in the traditional economy towards the information network economy, which changes the perception of the world among both, regular citizens, as well as entrepreneurs.
Keywords:
BRICS NU, ONSA, e-Commerce, network economy, traditional economy, law, BRICS, RUDN esystem, team teaching, knowledge economy
Reference:
Belikova K.M..
The force of patent law in Brazil applicable to pharmaceutical products: legal issues and ways for their solution prior and after Brazil’s membership in WTO
// Law and Politics.
2019. № 7.
P. 1-12.
DOI: 10.7256/2454-0706.2019.7.43246 URL: https://en.nbpublish.com/library_read_article.php?id=43246
Abstract:
This article examines the questions of the force of patent law in one of the BRICS countries – Brazil, with regards to pharmaceutical products prior and after Brazil’s membership in WTO (TRIPS) in light of a number of regulatory and judicial acts and technicality in the area of healthcare, provision of population with medications, and protection of industrial property rights (Constitution of 1988, Law No. 9.279 of May 14, 1996 “On the Industrial Property”, Law No. 8.080/90 on creation of the Unified Healthcare System (SUS), Ordinance No. 3.916/98 establishing National policy on Pharmaceuticals, Government Decree No. 2.577/06 “National Program for Exceptional Medicines”, court decisions, and others). The research analyzes the issues towards free access to medications, prohibited in Brazil by patent law, since its entry to World Trade Organization, as well as the ways for their solution. The scientific novelty consists in the comprehensive analysis from the perspective of the intellectual property right of Brazil’s approaches to organizational-legal support of the development of pharmaceutical sector in the context of TRIPS agreements and necessity to ensure population’s constitutional right to health services and essential medicines. The conclusion is made that the current policy is aimed at achieving the existing prior to WTO membership balance of private and public interests via implementation of a set of compensation mechanisms (negotiations on price reduction by pharmaceutical companies, obligatory licensing, introduction of the Program “National Pharmacology of Brazil”.
Keywords:
patents, pharmaceutical companies, pharmacology, health care, Brazil, BRICS, patented drugs, TRIPS, Popular Pharmacy, compulsory licensing
Reference:
Rozin V.M..
Restorative justice as a type of social action and problems of its implementation in the current conditions
// Law and Politics.
2019. № 6.
P. 12-21.
DOI: 10.7256/2454-0706.2019.6.43249 URL: https://en.nbpublish.com/library_read_article.php?id=43249
Abstract:
This article deals with two topics: the relation in social area, connecting science and practice; as well as situation and issues in the sphere of restorative justice. The author demonstrates that social action and social nature have gone through three main stages within social science: natural scientific, humanitarian and technological (the latter interpretation belongs to the author) understanding. It is also illustrated that restorative justice is formed as a type of social technology, distinguishing two plans within it – sociocultural factors and humanitarian vector. The research discusses the issues emerging in restorative justice, as well as the ways for their solution. Methodology includes target setting, situational and comparative analysis, genesis of social knowledge, typological analysis, and conceptualization. As a result, the author was able to analyze the evolution in social science of representations about social action and social nature; formulate a hypothesis that restorative justice develops as the oriented towards humanitarian values social technology; examine the related issues and ways for their solution.
Keywords:
science, practice, transdisciplinarity, nature, sociality, technology, law, restorative justice, problems, knowledge
Reference:
Popenko A.V..
The development of innovation policy in Russia
// Law and Politics.
2019. № 5.
P. 18-23.
DOI: 10.7256/2454-0706.2019.5.43237 URL: https://en.nbpublish.com/library_read_article.php?id=43237
Abstract:
Currently, Russian faces the challenge imposed by global transformation, transition towards “digital society”; and with each day, the role of innovations and rapid scientific and technical progress increases. Innovations become an immense part of life not only of global community, each country or economic entity, but every person as well. Innovation define the level of socioeconomic development of the state and are the cornerstone of its growth; they also become the foundation for country’s competitiveness and security on the global arena. Besides the traditional factors of economic growth and socioeconomic development of a country, the importance gains the qualitative content of growth rates, implementation of the new economic methods and production technologies in the real economic sector – business. The author applied the systemic-analytical method for studying the links and relationship between the elements of innovation system – business and the state; comparative method for determining the peculiarities of formation and realization of innovation policy in Russia, United States, and France. As of today, Russia has formed all essential elements of innovation system; both, business and the state overcome challenges imposed by the established model of the organization of cooperation – contrariety of interests and establishment of dialogue between business and the state.
Keywords:
the state, business, innovation activity, cooperation, innovation policy, innovation system, innovation, state policy, national innovation system, innovation financing
Reference:
Trofimov K.V..
Regulatory framework of state education policy in Russia: problems and prospects of development
// Law and Politics.
2018. № 11.
P. 15-22.
DOI: 10.7256/2454-0706.2018.11.42956 URL: https://en.nbpublish.com/library_read_article.php?id=42956
Abstract:
This article is dedicated to the analysis of regulatory and policy statutes of the Russian Federation that govern relations of the area of Russian education, as well as serve as the instruments of the modern state education policy. The author determines a number of regulatory and policy statutes such as the National Education Strategy of the Russian Federation until 2025 and the Concept of Long-term Social and Economic Development of the Russian Federation until 2020, and notes their significance in formation of new configuration of the state education policy in Russia. The author analyzes the Federal Law “On Education in the Russian Federation”, and reveals the degree of conformity to the provisions of the Constitution of the Russian Federation with regards to ensuring citizens’ right to education. Special attention is given to identification of the positive and negative aspects in the indicated documents, as well as their impact upon the state education policy in Russia. The following conclusions were made: framework character of legislation that regulate relations in the area of education; permanent reform in educational sphere conducted through declarative forms that are not always in accord with each other, and allows the state institutions to distort the state education policy as it pertains to ensuring the constitutional right of citizens to education.
Keywords:
state institution, Government administration, European values, Regulatory statute, Education reform, National interest, Policy statute, State’s social mission, Bologna Process, State education policy
Reference:
Belikova K.M..
What do the members of “energy ring” (China, South Korea and Japan) need to know about the legal peculiarities of investing into the Russian energy sector (certain aspects)
// Law and Politics.
2018. № 11.
P. 1-14.
DOI: 10.7256/2454-0706.2018.11.43195 URL: https://en.nbpublish.com/library_read_article.php?id=43195
Abstract:
This article examines the legal peculiarities of investing into the Russian energy sector from the perspective of the “energy” ring member countries – China, South Korea, and Japan. The author considers the regulations of a number of key Russian laws in this sphere: on the strategic societies, subsoil, capital investments, and others; analyzes the established by them limitations for foreign investors and some ways of their circumvention. All of the aforementioned is viewed in the context of the existing investment projects of the “energy ring” states in Russia. The author leans on the subjective-objective preset of processes and occurrences. The scientific novelty lies in the comprehensive research of the question of investments into the Russian energy sector through the prism of cooperation of China, South Korea, Japan and Russia within the framework of “energy ring”. As a result, the author reaches the conclusion that foreign investment into the Russian energy sector faces a number of restrictions, which, however, are often overcomable.
Keywords:
capital investment, strategic companies, TEK, investment activities, Russia, Japan, South Korea, China, energy grid, foreign investors
Reference:
Kokunova S.D., Andreev A.P..
The pre-crisis state of the law is a global problem of humanity and a threat factor to Russia’s national security
// Law and Politics.
2018. № 9.
P. 8-16.
DOI: 10.7256/2454-0706.2018.9.43105 URL: https://en.nbpublish.com/library_read_article.php?id=43105
Abstract:
The subject of this article is the state of the system of the Russian law and Russian legislation, negative impact of the erratic changes in legislation, their use and the state of security of the population. The authors studied the process of change of the legal system during the 90’s reform, identified the negative aspects in the formation of legislation: unsystematic changes in legislation, the use of "legal fiction", the examples of new legal norms resulting in a conflict of their application in practice. The assumption is made about the further expansion of the pathology of the consciousness of modern society and legal nihilism. The authors applied the methods of system-structural analysis, as well as comparison of dynamic and statistical approach for the study of legal documents. The relevance of this research lies in the fact that special attention is paid to the changing perceptions of law in the modernization of communications and Informatization of society and blurring of the lines between the mechanism of perception of humanitarian and non-humanitarian Sciences, which leads to the devaluation of the modern system of law and the growing threats to national security. The authors conclude that there is a necessity of developing a new concept of law with research studies in Humanities and technical sciences, and bringing to this issue the best specialists in the field of law, computer science and high technology.
Keywords:
information, devaluation of law, legal nihilism, legal fiction, deformation of the legal system, rapid development of the law, creativity perception of law, national security, modernization, new legal concept
Reference:
Nogailieva F.K..
Religious norms as the regulator of labor relations
// Law and Politics.
2018. № 8.
P. 68-80.
DOI: 10.7256/2454-0706.2018.8.43170 URL: https://en.nbpublish.com/library_read_article.php?id=43170
Abstract:
The subject of this research is the differentiation and determination of the content of the norms of various religious doctrines pertaining to labor. The object of this research is the effect of religious norms upon the legal behavior and motivation of a worker in the labor process and their labor relations, as well as the understanding of the phenomenon of labor in various religious systems. The author substantiates the relevance of this research due to increase of religiousness among the population and changes in the paradigm of attitude towards labor itself, as well as the need to devise a special approach towards management and legal regulation of labor of religious workers. The research is based on the methods of analysis, systematization and comparison of the norms of the three Abrahamic religions (Judaism, Christianity and Islam) contained in the translations of the holy texts, their interpretations, other religious sources, and comments of theologians and economists. The main conclusion of the research became the highlighting of three types of religious norms: the norms of intermediate regulation of labor; the norms of direct regulation of labor; the norms maxima. Special attention is given to the first type of norms, comprising the basis of requirements of the worker concerning changes in work terms in order to combine work and adherence to religious precepts.
Keywords:
equality at workplace, islam, christianity, judaism, religious norms, discrimination, religious employee, religion, unity and differentiation, features of labor regulation
Reference:
Bazhan E.I..
Dynamic of the formation of coalition governments in Italy during the First Republic
// Law and Politics.
2018. № 7.
P. 18-27.
DOI: 10.7256/2454-0706.2018.7.43163 URL: https://en.nbpublish.com/library_read_article.php?id=43163
Abstract:
This article analyzes the practice of formation of the coalition governments in Italy during the First Republic. The dynamics of interparty competition allows determining the key positions in polemics unfolded between the Italian political scientists regarding the emergence of one or another type of party system in Italy. The goal of this research lies in the identification of causes that led to the victory of the Christian Democratic Party of Italy throughout several electoral cycles until the phase transformation in the Italian political party system, followed by the crisis of partocratic regime. The article also analyzes the role of the minor political parties in the political process, which provided support to the Cristian Democrats. The presented data from sociological studies allows detecting the changes in public mood, associated implementation of the political course by the ruling parties of Italy. The author was able to identify the causes of decrease in public confidence in the Italian political parties of the First Republic period. Over time, the political powers become incapable of adequately responding to the political and socioeconomic challenges on the background of dilution of the ideological beliefs of parties caught in corruption, integration of new collective (trade unions, associations and public organizations) into the political process, as well as discussion of the issues of bioethics and proliferation of neo-conservative trends.
Keywords:
First Republic, coalitions, small parties, PCI, DC, Italy, party system, reforms, trade unions, ideology
Reference:
Anisimov A.I..
Referendums as a people’s means of exercising their right to self-determination
// Law and Politics.
2018. № 6.
P. 8-14.
DOI: 10.7256/2454-0706.2018.6.43154 URL: https://en.nbpublish.com/library_read_article.php?id=43154
Abstract:
The subject of this article is examination of the question of the enforcement of people’s right to self-determination through holding a referendum. From the perspective of realization of self-determination as a collective right, the referendum suits the most, as each member of the public can be heard and their combined pinion received. Within the framework of the research, the author analyzed the well-known referendums within national and international practice regarding the realization of right to self-determination, which resulted in the emergence of new sovereign states. A conclusion is made that a referendum has to match a set of criteria in order for it to be recognized by the international community as legitimate. The possibility of holding a referendum must be enshrined in national law, or obtained based on arrangement with the central state. In separate cases, referendum can be held at the initiative or under control of the international organization. The author believes that the realization of people’s right to self-determination through referendum is one of the most efficient means, as it allows obtaining the direct response of the people.
Keywords:
Secession, Territorial integrity, Referendum, People's rights, People, Right of self-determination, Independence, Safeguard clause, Separatism, Recognition of States
Reference:
Paramokhina A..
The transformation of sociopolitical orientation of small and medium business in modern Russia
// Law and Politics.
2018. № 5.
P. 1-9.
DOI: 10.7256/2454-0706.2018.5.43149 URL: https://en.nbpublish.com/library_read_article.php?id=43149
Abstract:
The subject of this research is the evolution of sociopolitical orientations of small and medium business in the post-Soviet period. The activity of representatives of the aforementioned socioeconomic group is an essential factor of development of the market relation and establishment of the middle class, which is the foundation of civil society, as well as the guarantor of sustainability of liberal democracy in the developed democratic states. Therefore, the problem of formation of the sociopolitical orientations of the Russian small and medium entrepreneurship in post-Soviet time is relevant. The main conclusion consists in the fact that the representatives of small and medium business of 1990’s, although fragmentary, but positively overall, perceived the implemented liberal values, practically without demonstrating the paternalistic moods. At the same time, the absence of effective protection of their interests by the state encouraged the distrust in government. Throughout the 2000’s the statist trends in politics, the course towards “restoring the order” led to the shift in orientations of the small and medium business, the more positive (or neutral) apprehension of government and revival of the paternalistic moods. In addition, the entrepreneurs have demonstrated the high level of alienation from any socio-corporate forms. The evolution of sociopolitical orientation of the substantial segment of entrepreneurs is a factor that suppresses the establishment of civil society and challenges the likelihood of democratization of the Russian political system on the Western model.
Keywords:
consolidation, individualism, democratization, liberal democratic reforms, values, socio-political orientations, business, state paternalism, etatism, legislation
Reference:
Dudieva M.N..
The peculiarities of legal regulation of youth employment in Spain
// Law and Politics.
2018. № 4.
P. 21-26.
DOI: 10.7256/2454-0706.2018.4.43146 URL: https://en.nbpublish.com/library_read_article.php?id=43146
Abstract:
This article reviews the major reforms that took place over three recent decades in the labor legislation of Spain. The author discusses the characteristic duality of the job market, expressed in a broad use of the certain types of contracts varying in degree of guarantees implied to an employee. The author reveals the reason of the current inequality in the employment sphere, which has become an actual issue for all participants of labor relations. Special attention is given to the strategy selected by the young specialists, who embark upon the career in the conditions of heightened competition. The article contains the references to a number of official documents that regulate the questions of employment at the national level, as well as provide the instruments for stimulating the entrepreneurial activity. The author introduces the statistical data of Eurostat ant other analytical reports regarding the state of youth unemployment. A conclusion is made that the labor regulations make the young specialists vulnerable, particularly in the time of recession, when a priority task of business owners becomes the rescue of capital rather than the preservation of jobs. The reforms in labor system are mostly aimed at protection of the interests of entrepreneurs, which causes public disapproval.
Keywords:
Young unemployment, Youth, Duality, National Policy, Employment agreement, Employment, Labour legislation, Labour market, European Union, Spain
Reference:
Sudorgin O.A..
Political legal basis for electronic government in West Germany
// Law and Politics.
2018. № 2.
P. 15-19.
DOI: 10.7256/2454-0706.2018.2.43136 URL: https://en.nbpublish.com/library_read_article.php?id=43136
Abstract:
The subject of this research is the electronic government of the West Germany. The article explores various initiatives (concepts, plans of development), as well as federal norms on the legislative level, which regulate many various aspects of the electronic (digital) interaction between German citizens and state and municipal authorities. The author examines the institutional framework of regulation of the e-government of the West Germany (agencies, councils), which competency consists of regulation of the various aspects of e-government, and cites the achievements in the sphere of the e-government of the West Germany, as well as the influence of the European law upon the regulation of these issues in West Germany. The novelty of this research consists in the analysis of the set of normative and program acts of federal legislation in the area of regulation of the various aspects of digital interaction of citizens with the branches of state and municipal authorities.
Keywords:
concept, telecommunication means of communication, the Internet, authorities, prospects, digital interaction, E-government, development prospects, West Germany, normative act
Reference:
Egorova O..
Presidency of Mohamed Morsi in Egypt: historical lessons
// Law and Politics.
2017. № 11.
P. 45-52.
DOI: 10.7256/2454-0706.2017.11.43085 URL: https://en.nbpublish.com/library_read_article.php?id=43085
Abstract:
The subject of this research is the paradigm of political and administrative mistakes of the presidency of Mohamed Morsi in Egypt that led to his overthrow. The goal of this work consists in determination of peculiarities of the political and economic processes in Egypt, as well as analysis of the impact of ideology of the moderate Islamism upon the voters’ loyalty and success of the reforms in the area of economy and social protection of Egyptian citizens. The article also pursues the historical parallel with the other Muslim states, in which similar to Egypt, was noticed a rapid increase in popularity among the moderate Islamist leaders. The scientific novelty lies in the fact that this work is first to examine the presidency of Mohamed Morsi from a weighted perspective of the comprehensive political-historical analysis, in the course of which, special attention is given to the socioeconomic processes and expectations of the population. The key conclusion is made that only the prompt and gradual reforms are the path to a successful economic and social development of the state, while the dominant ideology can either encourage or hinder this process, rather than determine.
Keywords:
Socioeconomic issues, Political mistakes, Reforms, Presidency of Mohamed Morsi, Muslim brotherhood, Opposition, Authoritarian regime, Islamism, Ideology, Arab Spring
Reference:
Kravchenko L.I..
Problems of mobilization of resources by the Russian parties
// Law and Politics.
2017. № 10.
P. 37-47.
DOI: 10.7256/2454-0706.2017.10.42960 URL: https://en.nbpublish.com/library_read_article.php?id=42960
Abstract:
This article examines such aspects of the topic as the financial, material, information, and human resources of the party. The resource base is essential for functioning and attracting of new supporters, as well as promoting the ideological views of the party onto the general public. Traditional approaches towards the mobilization of resources become less demanded in proportion to the increased political competition, leading to the problem of finding the new ways of raising funds. The author deviates from the traditional approach of viewing the resources of the party exceptionally in form of the financial means, suggesting a more extensive interpretation of this phenomenon. Mobilization of resources by the party becomes a substantive task, especially in the conditions of economic crisis. Finances enable the ability to function. Human resources define the quality of the political work. Information resources ensure its recognition; a political instrument of attracting voters by broadening the channels of reaching citizens.
Keywords:
human resources, symbolic capital, membership fee, informational resources, finance, party, crowdfounding, state budget, foreign agent, mass media
Reference:
Shirko T.I..
Conceptual grounds of legal regulation in interaction between the legislative and executive branches of government of constituents of the Russian Federation during the post-Soviet period
// Law and Politics.
2017. № 10.
P. 48-59.
DOI: 10.7256/2454-0706.2017.10.43102 URL: https://en.nbpublish.com/library_read_article.php?id=43102
Abstract:
The subject of this research is the conceptual grounds of formation of the basic system of interaction be between the legislative and executive branches of government in constituents of the Russian Federation, formulated in the process of adopting the framework federal law that establishes the general principles of its organization over the period of 1994-1999. Special attention is given to the problems of participation of the President, Government, and Federal Assembly in development of the framework concept of regional administration, formation of the theoretical provisions of the two basic draft laws – governmental and parliamentary, which consolidate the conceptually different approaches towards organization of cooperation between the regional authorities, as well as political legal peculiarities of preparing the final version of the bill. The theoretical foundation of the research leans on the theories of modernization, separation of powers, and federalism. The conducted analysis allows concluding that during the period of 1994-1999, the formulation of the unified legal conceptual grounds for organizing the legislative and executive branches of government in subjects of the Russian Federation, was realized in accordance with the principles of separation of powers and demarcation of the competencies and authorities between the center and the regions. In determination of the basic model of organization of regional government under the conditions of establishment of political system of the Russian Federation and its subjects, the author detected the significant contradictions between the participants of the lawmaking process, which allowed identifying the general conceptual grounds of the law “On the General Principles of Organization of the Legislative (Representative) and Executive Bodies of the State Power of the Subjects of the Russian Federation”, although it did not determine the functional dependency and interaction between the legislative and executive branches of government in the regions within the system of restrictions and counterweights.
Keywords:
Russian Federation , Separation of powers, Legal regulation, Head of executive branch, Subject of Federation, Legal concept, Legislative branch of government, Executive branch of government, Legislation, Regional government
Reference:
Efremova V.V..
Copyright law of Italy in the conditions of the second cultural spring?
// Law and Politics.
2017. № 8.
P. 37-45.
DOI: 10.7256/2454-0706.2017.8.43079 URL: https://en.nbpublish.com/library_read_article.php?id=43079
Abstract:
The subject of this research is the legal regime of artworks in Italy, as well as legal regulation of the relations establishes in the course of their creation and use. The object of this article is the Italian legislation regarding the works of art. The author carries out a detailed analysis on the norms of the copyright law of Italy, which presents a cognitive and practical interest for the experts in the field of copyright law. The relevance is enhanced by pursuing correlation between the differences and similarities in legal regulation by the Italian and Russian legislation of the most important types of authorial relations in the area of creation and application of the artworks. The scientific novelty is defined by the fact that this research is one of the few within the Russian science to examine the emergence, establishment, and development of the copyright on artworks in Italy. Attention is given to the subjective copyright law under the conditions of transformation of the national legal and cultural traditions in modern Italy.
Keywords:
musical work, work of art, cultural tradition, legal tradition, author, cultural rights, copyright law , moral right, exclusive right, legislation
Reference:
Klochkova Y.A..
Typification of the Russian political system: forms and results of convergence processes
// Law and Politics.
2017. № 7.
P. 1-8.
DOI: 10.7256/2454-0706.2017.7.42934 URL: https://en.nbpublish.com/library_read_article.php?id=42934
Abstract:
The subject of this research is the Russian political system. The object of this research is the determination of essence of the Russian political system associated with the choice of state legal modernization project. Due to the early established tradition, understanding and acknowledgement of originality of the Russian political world, genesis, and specificity of the own and adjusted sources, distinct metaphysics of political relations and ways of their regulation, suggests reference to the question of typification of the Russian political system, as well as identification of its place within the currently existing typologies. The main conclusion of this work lies in indicating the typological peculiarities of the modern Russian political system under the conditions of establishment of the new European political legal order. The typological characteristic of the current Russian political system alongside the content and result of the political convergence and globalization processes are defined by several phenomena: gradual deformation of multiple Soviet, and later liberal political, legal, and ethical norms, institutions, and values; consolidation of position on the so-called immanent of the history of Russian State and society “lack of own traditions of democratic political thinking” aligned with the neglecting of the national spiritual values; orientation of the ruling elites towards the certain “universal” political institutions and values, transnational ideas, and necessity of Westernization of the Russian political life.
Keywords:
national identify, integration, globalization, Russian Empire, Constitution, national political system, Russian political system, political convergence, legal system, convergence process
Reference:
Koryagin P.A..
Evaluation of the efficiency of the subject of public control in the Russian Federation
// Law and Politics.
2017. № 6.
P. 24-30.
DOI: 10.7256/2454-0706.2017.6.43073 URL: https://en.nbpublish.com/library_read_article.php?id=43073
Abstract:
The study of the problems of the implementation of public control practices involves the formation of new challenges and approaches that meet the requirements of modern political time. The operationalization of many components related to the analysis of the infrastructure of public control – its object and subject institutions, mutual capabilities, authorities, areas of responsibility, interaction areas, and components related to the evaluation of control results – is the key challenge for the modern researcher. The subject of this article is the construction of a model for assessing the efficiency of the subject of public control in the modern Russian Federation. As a methodology for the development of a model for assessing the efficiency of public control, the method of construct interpretation is used. This is manifested in the use of the methodology for assessing the efficiency of the activity of a particular research object (in the context of the subject matter – the subject of social control) from economic theory and management theory, where the approach towards evaluation of efficiency through the ratio of the result to the resources is traditionally used as a basis. As a key methodology for analyzing the activities of subjects of public control and their respective ranking, comparative analysis is used. The use of the proposed model will allow operationalizing the infrastructure of public control to assess the efficiency of the control subject, and draw conclusions about the components in which, based on the relevant measurements, it is worthwhile to make regulatory modernization or reorganization in the activity of the subject of public control at all levels of its work in the processes of institutionalization of public control in the modern Russian Federation.
Keywords:
institutionalization, model, resources, productiveness, productivity, civil society, efficiency, public control, subject of control, object of control
Reference:
Starodubtseva I..
Impact of the Constitution of the Russian Federation upon development of the constitutional-legal institutions and formation of conflict of laws
// Law and Politics.
2017. № 1.
P. 1-11.
DOI: 10.7256/2454-0706.2017.1.10159 URL: https://en.nbpublish.com/library_read_article.php?id=42604
Abstract:
This article is dedicated to the examination of key directions of influence of the Constitution of the Russian Federation upon development of the constitutional-legal institutions and conflict of laws, the formation of which as a new branch is suggested on the basis of constitutional norms. The author highlights two vectors of influence of the Constitution of the Russian Federation upon development of the constitutional-legal institutions at the present stage: positive influence, which manifests in the constitutional definition of directions of development of the constitutional-legal institutions based on the principles established in the Constitution of the Russian Federation; as well as insufficient influence, which implies a negative aspect – contradiction with the Constitution law of the Russian Federation. The article systematizes the constitutional regulators, which serve as the basis for formation of the conflict of laws: constitutional norms that guarantee federal conflict of laws, ways of resolution of the collisions; constitutional principles of the conflict of laws; constitutional presumption of legal regulation of the mechanisms of prevention and elimination of violations of the Constitution of the Russian Federation. The author formulates the subject, institutions, method, and sources of the conflict of laws as a model branch, as well as suggests the stages of its establishment.
Keywords:
Conflict of laws method, Institutions of conflict of laws, Subject of conflict of laws, Constitutional presumptions, Constitutional principles, Resolution of collisions, Collision, Conflict of laws, Constitutional law, Constitution
Reference:
Varavenko V.E..
Harmonization of contract law of the Russian Federation and European Union: impacts of the doctrines of common law
// Law and Politics.
2017. № 1.
P. 12-18.
DOI: 10.7256/2454-0706.2017.1.17644 URL: https://en.nbpublish.com/library_read_article.php?id=42899
Abstract:
The object of this research is the relations on reformation of the Russian civil legislation. The subject of this research is the changes introduced into the Civil Code of the Russian Federation by the Federal Law No. 42-FZ of March 8, 2015. The author carefully examines the new rules of the Code, which were created under the influence of the common law doctrines; compares the content of “parent” doctrines with the new rules of the Civil Code of the Russian Federation; analyzes the mechanisms of infiltration of the common law doctrines into the Russian legal system, one of which consists the borrowing of the corresponding legal examples from entrepreneurial contracts, concluded between the Russian and foreign economic subjects. A conclusion is made that reformation of the Russian civil law is based on not only the Western European legal examples, which as claimed in the concept of development of civil legislation, are inherent to legislation of the countries of continental Europe, but also the common law doctrine that is “alien” to the Russian legal system. The author highlights that the common law doctrines are being borrowed directly from legislation of the countries from Anglo-Saxon legal family, as well as indirectly, from the practice of implementation of such doctrines that has been established within the Russian legal system.
Keywords:
Codification, Systematization of legislation, Reform of civil legislation, Harmonization of law, Civil Code of the Russian Federation, Security payment, Disclaimer, Claim, Compensation of property losses, Common law doctrines