scholarly journals Constitutional Principle of Social Solidarity as a Basis for the Consolidation of the Russian Society and States

2021 ◽  
Vol 31 (4) ◽  
pp. 562-567
Author(s):  
Svetlana Leonova
Keyword(s):  
State Level ◽  
The State ◽  
Social Solidarity ◽  
Russian Society ◽  
Individual Rights ◽  
Time Restrictions ◽  
Constitutional Principle ◽  
Legal Method ◽  
The Face ◽  
Constitutional System

The current circumstances related to the Covid-19 pandemic, which the entire world community had to face, raised sharply the question of mutual responsibility of the society and the state. At the same time, restrictions imposed at the state level are most often assessed by citizens as excessive. As a result, the number of studies devoted to establishing the legitimacy of restricting human rights and freedoms in the conditions of the epidemic is growing, however, such a phenomenon as social solidarity remains practically ignored. It is social solidarity, understood as the cohesion of the society (not only in the face of common threats and challenges), that can become the basis for constructive interaction between the society and the state. The aim of the study was the legal understanding of social solidarity as a new constitutional principle of the Russian state, which presupposes the possibility of establishing permissible restrictions on individual rights and freedoms in the conditions of protecting the foundations of the constitutional state from the modern threats. The absence of a normative definition of social solidarity in the current legislation of Russia, despite the constitutional reform carried out in 2020, entails difficulties in the correct interpretation of this phenomenon. The use of both general scientific and special methods of cognition of socio-legal phenomena — the formal legal method and the method of legal modeling — made it possible to see in social solidarity not only the legal structure, but also the leading moral and ethical principle of interaction between the society and the state. The analysis of the domestic legal acts made it possible to conclude that the constitutional principle of social cohesion of the society and the state in the face of various threats with the observance of such elements as the rule of law, the constitutional provision of individual rights and freedoms and the conditions for their permissible restriction is the basis for the inviolability of the state and its constitutional system.

The Future of Labor Localism in an Age of Preemption

ILR Review ◽  
2020 ◽  
pp. 001979392097093
Author(s):  
Olatunde C. A. Johnson
Keyword(s):  
Civil Rights ◽  
Local Level ◽  
State Level ◽  
The State ◽  
Local Regulation ◽  
The Face ◽  
Legal Arguments ◽  
And Gender ◽  
Sick Leave Policies ◽  
State Legislative

In recent years, labor and civil rights groups have successfully pushed for local regulation raising the minimum wage, creating new parenting and sick leave policies, and broadening anti-discrimination protections to address sexual orientation and gender identity discrimination. This article examines the viability of this worker-protective regulation at the local level in the face of current legal and political challenges. In particular, it considers the rise of state preemption laws that overturn local ordinances, which is the product of anti-regulatory mobilization at the state legislative level. The article provides case studies of state preemption and offers potential legal arguments for challenging preemption and safeguarding labor and civil rights localism. The author concludes, however, that given the uncertainty of whether these legal arguments will prevail in court, civil rights and labor advocates will need to engage politics at the state level to preserve and expand local innovations.

scholarly journals Meme As an Element of the Cultural Code of Self-Identification of Russian Society

2021 ◽  
Vol 20 (2) ◽  
pp. 183-191
Author(s):  
Ibrahim M. Melikov ◽  
◽  
Victoria G. Sipovich ◽  
Nikolay M. Karas ◽  
◽  
...  
Keyword(s):  
Information Society ◽  
State Level ◽  
The State ◽  
Russian Society ◽  
Global Information ◽  
State Identity ◽  
Cultural Variable ◽  
Global Information Society ◽  
Information And Communication ◽  
Cultural Code

The article analyzes the challenges of the state identity of the Russian society in the process of formation of the global information society. The article considers the meme as an information and communication construct, examines its role and influence on the formation of state identity and its application at the state level and in politics. The article analyzes the specifics of the Russian identity in the context of transformation into a new form, as well as the trends of its functioning in the current modern realities, as a result of the influence of external actors on it and the increasing role of Westernization. The conclusion is formulated that the meme is an independent cultural variable that influences the functioning of state identity within the global information society.

scholarly journals Family policy of the Russian state in the face of grand challenges: Main problems and contradiction

2021 ◽  
Vol 13 (1) ◽  
pp. 71-88
Author(s):  
Vladimir A. Smirnov ◽  
◽  
Vladislav V. Gruzdev ◽  
Keyword(s):  
Close Relationships ◽  
Family Policy ◽  
Secondary Data ◽  
Social Institution ◽  
The State ◽  
Russian Society ◽  
Negative Consequences ◽  
Grand Challenges ◽  
Life Styles ◽  
The Face

Introduction: one of the most important great challenges is the demographic transition which brings about changes in people’s life styles, aging of the population and the expansion of various kinds of social, sometimes rather destructive, experiments. This, in turn, requires adequate actions on the part of the state, development of an effective social policy that can offset the effects of major challenges, as well as destructive hybrid influences both within the country and from outside. Objectives: to identify the main problems and contradictions of the state family policy in Russia, to assess its adequacy against the trends in modern societies development. Methods: formal-logical, comparative, secondary data analysis, content analysis. Results: a number of directions in transformation of family life and their manifestations in Russia have been identified; main discursive and practical aspects of the state family policy have been analyzed as well as its key dysfunctions. Conclusions: family resilience as a social institution has not changed significantly over the past 20 years. However, the number of Russians who are ready to justify abortion is declining, and, conversely, the number of those who are ready to justify divorce is increasing. The family today is still constructed as an institution of social control and reproduction of rigid gender roles. Moreover, in recent decades, certain strata of Russian society have returned to traditional conservative models of close relationships. State family policy is unable to neutralize the negative consequences of grand challenges and needs to be rethought. Its key dysfunction is the rigidity of discursive and social practices, ignorance of the real changes that are taking place in close relationships today. In addition, family policy is poorly integrated with other areas of state policy: there are no uniform methodological approaches to lifelong human development.

The attitude to children, their right for life and development in Russia (X cent.-beginning of the XVIII cent.)

2014 ◽  
Vol 5 (1) ◽  
pp. 126-131
Author(s):  
Galina Lvovna Mikirtichan
Keyword(s):  
Corporal Punishment ◽  
Basic Principle ◽  
Legal Status ◽  
State Level ◽  
State Regulation ◽  
The State ◽  
Russian Society ◽  
Parents And Children ◽  
The Family ◽  
Systematic Program

The article discusses the problem of treatment of children and care for them during the period of Kiev and Moscow Rus and Russia at the beginning of the XVIII century. The basic legislative acts and documents reflecting the situation with children and their legal status, relationships between parents and children are analyzed. The basic principle of relations within the family was lawlessness, unquestioning obedience children to parents which was maintained by both oral reprimands and corporal punishment. Peter I had a systematic program of little-year-olds’ charity on the state level. A number of his decrees aimed to stop infanticide , to change the system of orphans’ protection and help, to alleviate the fate of illegitimate children (including the organization of hospitals for “bastards” and wet nurses service), to create conditions for upbringing and education of children, to reduce beggary. Speed, pragmatism, brutal methods of his reforms splitted the Russian society which was not ready for the new, including the state regulation of orphans’ charity, so the fulfillment of his decrees met great difficulties.

Abuse of powers of impeachment in Nigeria

2010 ◽  
Vol 48 (2) ◽  
pp. 311-338 ◽  
Author(s):  
Mamman Lawan
Keyword(s):  
Federal Government ◽  
State Level ◽  
The State ◽  
Criminal Proceedings ◽  
The Face ◽  
Executive Officers ◽  
Federal Structure

ABSTRACTThe powers of impeachment provided under the Nigerian constitution provide a means of checking the excesses of certain executive officers who enjoy the privilege of constitutional immunity against civil or criminal proceedings while they remain in office. Instead of being invoked in appropriate circumstances, however, this article shows that these powers have been abused. It examines cases of impeachment at the state level during the Obasanjo administration and shows how constitutional provisions were flagrantly breached. It provides evidence that the federal government was complicit in such cases, even though under the federal structure by which Nigeria operates, impeachment at the state level is exclusively a state business. It argues that the abuses are a symptom of imbalance of power between the executive and the legislature as well as evidence of the limits of constitutionalism in the face of politics.

scholarly journals Ideological diversity and ideological autonomy of personality: problems of modern Russian statehood

2015 ◽  
Vol 2 (4) ◽  
pp. 34-38
Author(s):  
A K Polyanina
Keyword(s):  
Russian Society ◽  
Legal Environment ◽  
Constitutional Principle ◽  
The Social ◽  
Constitutional System ◽  
The Individual ◽  
Modern Russian ◽  
Ideological Identification

The article analyzes the content of the constitutional principle of ideological diversity and problems of its realization in modern Russia. There inextricable link with the autonomy of the ideological freedom of the individual, the need for comprehensive protection of human ideological autonomy for the development of Russian society. The author attempts to formulate the problem of the relation of ideological diversity as a basis of the constitutional system with the introduction of new vectors ideological identification of the social and legal environment.

scholarly journals SCHOOL - A TOOL OF CONSOLIDATION

THE BULLETIN ◽  
2020 ◽  
Vol 5 (387) ◽  
pp. 226-232
Author(s):  
О. Artemenko ◽  
◽  
S. Аnzorova ◽  
P. Gasanova ◽  
М. Nikitina ◽  
...  
Keyword(s):  
Linguistic Diversity ◽  
State Level ◽  
Social Institution ◽  
The State ◽  
Russian Language ◽  
Soviet Period ◽  
Minority Languages ◽  
Russian Society ◽  
Native Languages ◽  
Reconstruction Period

In modern conditions of the world economy's monopolization, sanctions, the flow of external migration of the labor force is an urgent problem of the necessity at the state level to preserve the cohesion and unity of the multiethnic Russian society. The article examines the historical development of Russia, where the school as a social institution performs not only an educational function but also the role of consolidating the multiethnic composition of the state. Russian language and culture fulfill this role through the school. Russian is historically considered as the language of integration of nations who have passed their ethnoge- nesis on the territory of Russia, their spiritual and cultural rapprochement with the Russians by the method of N. I. Ilminsky while preserving the native languages of students. Performing the function of consolidation, the Russian language acted as an integrator of nations, not their assimilator, as evidenced by statistics on the actual existence of more than 230 languages and dialects of nations. The article notes that in Russian politics before the reconstruction period, the school, performing a conso-lidating function, was a tool for leveling the ethnic characteristics of students, through unitary language training, forming national-Russian bilingualism. The analysis of scientific sources shows that such conditions before the reconstruction period led to objective facts not manifestations of interethnic conflicts. Also, during the entire Soviet period, literary languages were created and developed, and dialects were preserved to some extent, but, unfortunately, the functions of native languages were narrowed in social spheres. Describing the post-soviet period, cultural and linguistic diversity is noted, which is a significant source of social conflicts and political discussions. Under these conditions, cultural and linguistic state homogeneity becomes a subject of dissatisfaction in the public life of speakers of minority languages. The problem arises as to how to guarantee the participation of each language group in the life of a multilingual society with their socio-cultural integration, without violating international human rights legislation.

scholarly journals The Principle of Constitutional Identity and Individual Rights: In Search of the Golden Ratio

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Anastasia Ruzina
Keyword(s):  
Golden Ratio ◽  
The State ◽  
Individual Rights ◽  
Legal Analysis ◽  
International Treaties ◽  
Traditional System ◽  
Legal Method ◽  
Russian State ◽  
The Individual ◽  
Constitutional Identity

The phenomenon of the constitutional identity of the Russian state in the context of conventional and constitutional conflicts is currently acquiring a special meaning. The need to protect state sovereignty, upholding the traditional model of relations between the individual, society and the state are the urgent tasks facing the Russian Federation being the main focus of the constitutional reform of 2020. In this context, the purpose of the study was the legal analysis of the constitutional identity of the Russian state as a frontier of compromise between the European and national systems of protection of individual rights and freedoms. Disregard for the constitutional identity of the state may lead to its "erosion" and the adverse impact of internationalisation on the foundations of the constitutional order. Guided by the principle of constitutional identity, a state can arrive at the best and legitimate solution in a particular case, which would not contradict national law, but at the same time would not ignore the norms of international treaties. The application of both general scientific and special methods of cognition, the formal-legal method and the method of legal modelling, made it possible to see in the constitutional identity not only the boundary of compromises in Russia's relations with inter-state bodies, but also the distinctiveness of constitutional processes. The conducted analysis of the domestic legal acts led to the conclusion that the principle of constitutional identity is an inviolable foundation of the constitutional state and its model of ensuring the individual rights and freedoms in the traditional system of values. The indicators and trends of crime for the period from 1991 to 2020 are given.

scholarly journals The Foundational Tenets of Johannes Althusius’ Constitutionalism

2017 ◽  
Vol 20 ◽  
pp. 1-31
Author(s):  
Koos J Malan
Keyword(s):  
The State ◽  
Constitutional Theory ◽  
Individual Rights ◽  
Public Office ◽  
Happy Life ◽  
Limited Government ◽  
Territorial State ◽  
Close Analysis ◽  
The Face ◽  
The One

In his Politica: Politics Methodically set Forth and Illustrated with Sacred and Profane Examples published in 1603 Johannes Althusius’ sets out his grand scheme of republican federalism. Soon, however, the final establishment of the territorial state and the paradigm of statism relegated grand federalism to the distant margins of constitutional theory. Statism as concisely enunciated in this article, recognises only two entities namely the state as a centralised power apparatus and the abstract individual on whom a statist identity in the image of the state is enforced. Statism dispenses with communities. Statism has been playing out on a continuum, with the statist-individualism on the one and statist-collectivism on the opposite extreme. Statist-individualism seeks to fend off the risks of supreme political power with strategies for the protection of individual rights. In contrast, statist-collectivism dispenses with the subtleties of statist-individualism and is distinctively more blatant in forging a homogeneous statist nation. In the face of the rise of claims of communities, the emergence of communitarian thinking and increased evidence of the receding territorial state, new - post statist - constitutional thinking is gathering strength. This has unleashed considerable interest in alternative thinking such as that of Althusius. Althusius’ grand federalism should be viewed, however, within the context of his broader constitutional thinking, which on close analysis, is constituted by four interlinked aspects namely: piety, justice and community; covenant (or contract); supremacy of the commonwealth and of the law; and political authority and public office. These tenets are the main focus of the present discussion. There is no room for a blanket transplantation of Althusian thinking into modern constitutional theory. However, it does provide a valuable source of communitarian theory for contemporary constitutional law. It brings to light that (individual) identity, morality, and a happy life and individual rights can only be conceived of within the framework of communities.  Moreover, Althusius’ convictions on (shared) popular sovereignty, in contrast to undivided (statist) sovereignty and his views on public office provided the framework for constitutionalism and limited government which could arguably improve on that of contemporary statist constitutionalism.

Medicaid 101: A Primer for Speech-Language Pathologists in Education Settings

2011 ◽  
Vol 12 (1) ◽  
pp. 3-11
Author(s):  
Janet Deppe ◽  
Marie Ireland
Keyword(s):  
State Level ◽  
The State ◽  
Speech Language Pathologists ◽  
Inspector General ◽  
Medical Necessity ◽  
School Settings ◽  
Speech Language Pathologist ◽  
School Based ◽  
Emerging Trends

This paper will provide the school-based speech-language pathologist (SLP) with an overview of the federal requirements for Medicaid, including provider qualifications, “under the direction of” rule, medical necessity, and covered services. Billing, documentation, and reimbursement issues at the state level will be examined. A summary of the findings of the Office of Inspector General audits of state Medicaid plans is included as well as what SLPs need to do in order to ensure that services are delivered appropriately. Emerging trends and advocacy tools will complete the primer on Medicaid services in school settings.

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