Socio-cultural and ideological origins of homophobia in Russia

Servis plus ◽  
2015 ◽  
Vol 9 (4) ◽  
pp. 91-110
Author(s):  
Наталья Зорина ◽  
Natalya Zorina ◽  
Вадим Кортунов ◽  
Vadim Kortunov ◽  
Ольга Краснова ◽  
...  
Keyword(s):  
Russian Federation ◽  
American Psychological Association ◽  
Modern Medicine ◽  
Federal Law ◽  
Cultural Issue ◽  
World Religions ◽  
The Public ◽  
The Arts ◽  
Normal Behavior ◽  
The Media

In 2013 the State Duma of Russian Federation adopted a Federal Law “banning propaganda of nontraditional sexual relations among minors». This law provoked great discussions between sexual minorities and their opponents in the media: the first began to criticize the Law as infringing upon their rights, others, after a long silence, resumed their attacks on the homosexuals. Due to such discussions Sociologists think that homophobia is reviving in Russia. According to the American psychological Association, only 16% of the population in modern Russia can accept homosexuality as the norm (against 60% in USA and 80% in Europe). This is the public opinion in Russia. And only such cautious, squeamish attitude toward those people as not quite healthy pones allows sociologists to talk about a revival of homophobic attitudes in our country. In the article authors make an attempt to understand the arguments of opponents of sexual orientation and to trace the ideological origins of “Russian homophobia”. For this, the authors of the research are trying to answer the questions: is it correct to justify homosexuality as normal behavior, referring to the homosexual behavior of animals, how is homosexuality caused by norms of Russian culture, what is its contribution to the arts, what do world religions say about same-sex relationships, what is its impact on the development of the society, what does the modern medicine think about this phenomenon. There is an attempt to reproduce the logic of homophobic arguments, so common today in Russia, to understand its origins and ideological Foundation. This is done only for the purpose of finding compromises and developing balanced, tolerant positions on both sides. The authors hope that considerations expressed in the article will be useful in resolving such an important social and cultural issue as a confrontation between homosexuals and heterosexuals, and will make the contribution to the guarantees of rights and freedoms in the Russian Federation.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

scholarly journals A Prohibition to Receive Remuneration (Gifts) in Connection with the Performance of Official Duties as a Measure of Anti-Corruption Criminological Security

2020 ◽  
Vol 14 (5) ◽  
pp. 660-675
Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko
Keyword(s):  
Public Sphere ◽  
Russian Federation ◽  
Civil Service ◽  
Legal Regulation ◽  
Civil Code ◽  
Federal Law ◽  
The Public ◽  
The Russian Federation ◽  
The Public Sphere ◽  
To Receive

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.

To Have and To Hold … Or Not? Deaccessioning Policies, Practices, and the Question of the Public’s Interest

2017 ◽  
Vol 24 (2) ◽  
pp. 113-159
Author(s):  
Deandra Rose Mann
Keyword(s):  
Financial Distress ◽  
Art Museum ◽  
George Washington ◽  
The Public ◽  
The Arts ◽  
The Media ◽  
The Public Sphere ◽  
National Gallery Of Art ◽  
Washington University ◽  
Arts Community

Abstract:Shockwaves echoed through the media and the arts community when the Delaware Art Museum chose to deaccession pieces from its collection and when the public learned that the Detroit Institute of Arts might be forced to do the same. Further concern arose when financial troubles compelled the Corcoran Gallery of Art to merge with the National Gallery of Art and George Washington University. An examination of the climate and legal battles surrounding these events shows how these institutions chose to cope with the financial adversity that put their collections at risk and illustrates the precarious position of works in a museum’s collection when that museum experiences financial distress. This article explores the ethical, judicial, and legislative frameworks currently governing deaccessioning and ultimately advocates for new legislative solutions to guide the deaccession process in order to provide the opportunity to maintain these works in the public sphere.

scholarly journals Monetary Surrogates:the Looking Glass of Modern Regulation

2018 ◽  
Vol 5 (1) ◽  
pp. 204-207
Author(s):  
D A Pechegin
Keyword(s):  
Foreign Exchange ◽  
Russian Federation ◽  
New Technologies ◽  
Criminal Responsibility ◽  
Federal Law ◽  
Public And Private ◽  
The Public ◽  
Blockchain Technology ◽  
The Russian Federation ◽  
Exchange Transactions

«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.

scholarly journals Practice of implementation of parliamentary and Deputy requests to the Federal Assembly Russian Federation

2020 ◽  
Vol 2020 (2) ◽  
pp. 89-95
Author(s):  
Lidiya Nudnyenko
Keyword(s):  
Russian Federation ◽  
Political Process ◽  
Executive Branch ◽  
The State ◽  
Qualitative Information ◽  
Parliamentary Elections ◽  
The Public ◽  
The Media ◽  
The Russian Federation

The compliance of decisions and actions of the executive branch with federal legislation should be facilitated by parliamentary control, among the forms of which are parliamentary and parliamentary requests. The purpose of this study is to analyze the practice of parliamentary and parliamentary inquiries by examining publicly available materials, using functional, statistical, systemic methods of knowledge. The analysis of the available materials made it possible to conclude on a small number of parliamentary requests, which limits the representative and controlling functions of the Federal Assembly of the Russian Federation, reduces the possibilities for the full realization of the role of the Parliament of the Russian Federation in the political process enshrined in the Constitution. Gaps in information on parliamentary requests open up opportunities for parliamentarians to use this tool for lobbying purposes. The article suggested that the total number of parliamentary and parliamentary requests could increase in 2020-2021 due to preparations for elections to the State Duma of the Russian Federation. At the same time, the topic of deputy and parliamentary requests, updated by the forthcoming parliamentary elections, will remain. Qualitative information about deputy requests will be available to the public, as before, only on the initiative of the deputy of the State Duma of the Russian Federation and a member of the Federation Council of the Russian Federation through the media.

scholarly journals State-Church Relations and the Religious Situation in a Provincial Town in 1997–2003 (On the Example of Tolyatti)

2021 ◽  
pp. 54-65
Author(s):  
Vadim Yakunin ◽  
Keyword(s):  
Public Institution ◽  
Religious Organizations ◽  
Federal Law ◽  
The Public ◽  
City Hall ◽  
Samara Oblast ◽  
Religious Issues ◽  
Life Issues ◽  
Religious Associations ◽  
The Media

Introduction. The goal of the article is to investigate the nature and assess the results of statechurch relations in Tolyatti after the implementation of the Federal Law “On Freedom of Conscience and Religious Associations” of September 26, 1997. Materials and Methods. In order to implement the goal of the research, we used the materials of the municipal public institution “Tolyatti Archive” (orders and resolutions of the mayor of Tolyatti), data from periodicals, memoirs of contemporaries, materials of the current archive of the Samara diocesan administration closed to the public (reports of the ruling Bishop of the Samara diocese to the Moscow Patriarchate), materials from the author’s personal archive: reports of the assistant governors of Samara Oblast on religious issues reports of both secular and ecclesiastical officials on the religious situation in Samara Oblast and Tolyatti, other official and unofficial documents, many of which, due to their specificity, do not end up in Church or secular archives (correspondence between the heads of local religious organizations with Tolyatti Duma and City Hall officials; protocols of City Hall meetings on religious issues and the protocols of meetings in the religious organizations, which were conducted by the author). The research methodology includes the method of document analysis. Analysis. The construction of churches, the development of educational institutions, the opening of a monastery, guardianship and fraternities, and the publication of religious periodicals continued in 1997–2003. For Tolyatti’s clergy and believers, the preparation and celebration of the 2000th anniversary of the Nativity of Christ was an opportunity to express themselves in the media, increase the number of parishes and ask the authorities for assistance in solving various life issues including financial assistance. The Orthodox clergy also hoped to solve the problem of various religious organizations and sects functioning on the territory of Tolyatti, which they considered their canonical territory, with the help of the authorities. Results. With the celebration of the 2000th anniversary of Christianity, Orthodox religious organizations strengthened their position in society, established a dialogue with business and government, and gained advantages over other religious organizations in all matters. It was connected with both the allocation of land for temples and their subsequent financing.

scholarly journals The System of Public Authorities of the Russian Federation: Concept, Characteristics, Interaction

2021 ◽  
Vol 18 (2) ◽  
pp. 192-203
Author(s):  
М. N. Kobzar-Frolova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Public Authority ◽  
Constitutional Court ◽  
State Council ◽  
Federal Law ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
The Russian Federation

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.

Creative Monitoring of the Russian Regional Education Development Strategy

2019 ◽  
Vol 7 (2) ◽  
pp. 25-29
Author(s):  
Анатолий Бычков ◽  
Anatoliy Bychkov
Keyword(s):  
Strategic Planning ◽  
Development Strategy ◽  
Russian Federation ◽  
Project Work ◽  
Federal Law ◽  
Education Development ◽  
Education Management ◽  
The Media ◽  
The Russian Federation ◽  
Regional Education

Russian education is becoming increasingly competitive on the world stage. This is largely due to the fact that the authorities and education management of the Russian Federation, guided by the Federal law “on strategic planning in the Russian Federation” of 28.06.14. № 172-FZ conduct purposeful practice-oriented project work on medium-term and long-term improvement of regional education. Strategic planning documents in accordance with the Law must be published in the media for public discussion. It is necessary to help the residents of the region to show their civic activity in the process of evaluating the proposed activities for the development of education from a creative standpoint to ensure maximum self-realization of young people and their own self-development throughout life.

scholarly journals Local Self-Government in the Context of the 2020 Constitutional Reform

2021 ◽  
Vol 16 (5) ◽  
pp. 35-41
Author(s):  
M. M. Stepanov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Reform ◽  
Main Trend ◽  
Federal Law ◽  
State Budget ◽  
Public Power ◽  
The Public ◽  
The Russian Federation

Local self-government in modern Russia was revived in the early 1990s. The legislation then in force was aimed at separating local self-government from the system of state authorities and ensuring its autonomy. The independence of local self-government was also established by the 1993 Constitution of Russia. As a follow-up to the provisions of the Constitution, the Federal Law dated 06 Oct 2003 No. 131-FZ “On General Principles of the Organization of Local Self-Government in the Russian Federation” was adopted. The Federal Law initiated the reform of local self-government aimed at improving the efficiency of local self-government bodies as an independent level of the public power most closely associated with the population. However, the municipal power is now radically different from that created in those years. This is primarily preconditioned by the lack of the necessary amount of its own revenue necessary to enable the municipal power to exercise its authority independently. The majority of municipalities need state assistance and interbudgetary transfers. The necessity to exercise control over the state budget spendings has led to the fact that the main trend in the development of local self-government in Russia was its integration into the vertical of public power. The legal crystallization of this process was carried out by amending the current legislation, especially the Federal Law No. 131-FZ dated 06 Oct 2003. The Constitutional Reform of 2020 has legitimized these changes.

scholarly journals Constitutional principles of the creation of federal territories in Russia

2021 ◽  
Vol 21 (4) ◽  
pp. 468-476
Author(s):  
Sergey S. Starikov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Law ◽  
Public Power ◽  
The Public ◽  
Strict Compliance ◽  
New Type ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Mechanism

Introduction. During the constitutional reform of 2020, part 1 of Article 67 of the Constitution of the Russian Federation was supplemented with a provision on the possibility of creating federal territories. In this regard, questions need to be resolved about how the constitutional novel should relate to the principles of federalism established by the Constitution of the Russian Federation, and what the principles for the creation of federal territories in Russia are. Theoretical analysis. The creation of federal territories in the Russian Federation should take place subject to strict compliance with the principle of state integrity, the principle of equality and self-determination of the peoples of Russia; the principle of unity of the public power system; the principle of priority of individual rights and freedoms, their recognition, observance and protection by the state; the principle of compliance with the goals of the formation of federal territories with the strategic interests of the Russian Federation. Empirical analysis. It is revealed that the current version of Part 1 of Article 67 of the Constitution, firstly, establishes the possibility of creating federal territories as a new type of public legal territory, secondly, provides for a special organization of public power in these territories, different from the generally accepted organization operating on the territory of the subjects of the Russian Federation, and, thirdly, defines the constitutional and legal mechanism for their creation: the adoption of a federal law. This norm does not specify the types of federal territories and the possible goals of their creation. These issues are fully attributed to the discretionary powers of the Russian Parliament. Results. Based on the analysis of the scientific literature devoted to the problems of federal territories in Russia and abroad, and the legislation of the Russian Federation, the definition can be formulated: federal territory is a public legal entity that has a special constitutional and legal status determined by national strategic significance, created in accordance with a regulatory act providing for direct or indirect management of it by the federal government, defining the specifics of the exercise of public power in accordance with the goals of creation, additional guarantees and restrictions on the rights and freedoms of citizens.

Sign in / Sign up

Export Citation Format

Share Document