scholarly journals Civilizational heterogeneity of Russia. Property in the field of civilizational development

2021 ◽  
Vol 12 (3) ◽  
pp. 27-53
Author(s):  
Lyudmila A. Belyaeva

The article considers the Russian civilization as a socio-cultural community that includes different civilizational formations, the fact that determines its heterogeneous nature. An indicator of the heterogeneity of a society is its social structure, with civilisational rifts present - such an opposition of individual structural elements that has a civilizational character. In modern Russia, three civilizational rifts can be recorded. The first of them is based on the existence in the country of different levels of technical and technological development and, accordingly, of the nature and content of laborur of the population. The second rift is due to the material differentiation of the society: from the standard of living (on the threshold and beyond the poverty threshold) to the possession of multibillion fortunes, that leads to a deep difference in the quality of life of the population, that is an attributive feature of various civilizations. The third rift is related to the historically uneven development of the regions. Along with the regions that have entered or are already at the informational stage of development (they are in minority), most of the regions are at the industrial stage, and in some regions, a pre-industrial agrarian society with stable traditional values ​​still prevails. Accordingly, informational, industrial and traditional subcivilizations coexist in the vastness of Russia. Property relations are considered among the significant factors of civilizational development. Property relations are first of all economic and juridical (legal) relations. Property as a social relation carries the historically stipulated content of the moral norms, justice, individual and social benefit. Property is embodied not only in legal forms, but also in customs, cultural patterns, habits, types of thinking and behavioral models. In Russia, the property right of an individual has always been oriented towards "internal justice", correlated in the public and individual consciousness with the prevailing ideas of the proper. Whereas in Western civilization there has been entrenched the priority of public relations based on the protected by law private interest of an individual. The reorientation of property relations in Russia to the Western model, including in the memory of our contemporaries, has not been a success due to the traditionally strong etacratic influences, the dominance of the “power-property” relationship.

2016 ◽  
Vol 1 (2) ◽  
pp. 11
Author(s):  
Provalinsky Dmitry Igorevich

The article reflects the main historical and legal aspects of the development of legal incentives, as a regulator of social relations. The author notes that social management is carried out by means of incentives and constraints expressed in the legal and moral norms. The current stage of development of society characterized by the need for States to actively socially useful behavior of participants in public relations in all spheres of life. Ideas legal incentives in the Russian theory of law related to the peculiarities of national awareness and entrenched legal and legal traditions, which are based both on the domestic and the global experience of the application of legal incentives. Analyzing the historical experience, the author notes that each stage of the development of society and the state has its own system of legal incentives, due to material and socio-cultural conditions of life and concludes that the decisive criterion in this respect is the attitude of the state to the individual, recognition of its individuality, independence of its rights. In principle, a change of power as a rule change and the system stimulants, which used this power in the arsenal of legal interventions. Analyzing the political and legal views of ancient philosophers, European thinkers XVIII - XX centuries, the author concludes that the institution of legal stimulation has evolved from simple forms to more complex ones. Studying the experience of implementation of the legal incentives accumulated throughout different periods of development of the statehood is one of the major stages in studying of the essence and accurate understanding of this many-sided phenomenon.


10.12737/5579 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 77-86
Author(s):  
Гаяне Маилян ◽  
Gayane Mailyan

In article the role of the organizational relations as a part of a subject of civil regulation is considered. It is noted that at the present stage of development of society the tendency in increase in a range of the organizational relations regulated by civil law is observed. The organizational relations, acting as an intermediate link in formation and development of the property relations, are an integral part practically any relations. Taking into account it is in process of complication of the content of civil legal relationship — the organizational relations demand special regulation. The subject of civil regulation includes three groups of the organizational relations: 1) the organizational and property; 2) the organizational and corporate; 3) the organizational and non-property. In civil law it is necessary to talk about the public relations which are organizational, instead of about properties of the relations. Here it is important to find border when some «natural actions» are still indissoluble part of certain relations and when they pass into the category of the independent organizational relations.


Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.


Author(s):  
E. S. Zinovieva ◽  
Y. I. Vojtenko

Abstract: The development of post-industrial society initiates profound economic, technological and cultural change in the way of life of all mankind. The revolutionary breakthroughs in the field of new technologies such as biotechnology and information technology are reflected in all spheres of human activity, directly affecting the human security. The article analyzes the consequences of widespread usage biotechnology and information technology in the foreign policy practice on the basis of the human security theory. The detailed description of the main directions of the use of biometric technology in the foreign policy and consular practices is provided, the challenges and threats to information security associated with biometrics are analyzed, arising from widespread biotechnology are the main challenges and threats to as well as human security threats arising at the present stage of development and application of these technologies. Human security threats associated with the use of biotechnology are placed in the broader context of global trends in scientific and technological development. The recommendations are formulated in the field of foreign policy and international cooperation, which would neutralize new threats to international and personal safety arising at the present stage of development of biotechnology. The authors conclude that in order to ensure ethical regulation of new technologies that address issues of human security, it is necessary to organize multi-stakeholder partnerships at national and international level with the participation of states, representatives of civil society, business and the research community.


Author(s):  
Andrey Mikhailovich Dolgov

The paper deals with the implementation of such a principle of criminal procedure as the adversarial nature of the parties, in relation to the modern con-ditions of digitalization of legal proceedings. The relevance of this topic is explained by the fact that the current stage of development of public relations, characterized by the significant digitalization of communication links, in turn, is reflected in changes in legislation in General, and criminal proceedings in particular. At the same time, competition is one of the fundamental principles of this branch of law, the application of which should also be reflected in changes in legislation. In the course of the work, the criminal procedure norms regulating these issues, statistical data on the work of courts of General ju-risdiction, opinions and positions of leading proce-dural scientists in Russia and foreign countries (the Republic of Kazakhstan, Germany) were examined. As a result of the conducted research, the conclu-sion is made about the impact of the development of digitalization of criminal proceedings on the prac-tical application of the principle of adversarial par-ties.


Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.


2020 ◽  
pp. 1-18
Author(s):  
RAEYOON KANG ◽  
TAEHYUN JUNG ◽  
KEUN LEE

In contrast to the vast literature on verifying the importance of formal R&D activities measured as patent registrations, this paper explores the possibility of not patent but trademark-driven path of latecomer firms’ technological development. The study is motivated by the evidence from the Korean data showing the existence of two groups of sectors where firms in the one group tended to file more trademarks than patents. We find that in the first group of sectors, like food, apparel, and pharmaceuticals, trademarks have been the most applied form of the IPRs with a much large number of their registrations than patents from the initial stage of development until recently, whereas in the second group of sectors, like electronics and automobiles, the main IPR form has been patents. Regressions on the determinants about this bifurcation find that the trademark groups are those sectors involving more tacit knowledge and/or domestic market orientation associated with slow progress in technological capabilities. The results are important because it implies the existence of alternative path of economic development by the latecomer firms in different sectors, beside the patent-driven path which is already verified in Kim et al. ( 2012 ). Appropriate intellectual property protection and economic growth in countries at different levels of development. Research Policy, 41(2), 358–375, http://dx.doi.org/10.1016/j.respol.2011.09.003 .


Author(s):  
Моисеева ◽  
Olga Moiseeva

This article discusses aspects of moral preparation of experts in the field of advertising and public relations at the present stage of development of higher education.


2021 ◽  
Vol 8 (2) ◽  
pp. 47-52
Author(s):  
Marina V. Karaseva

The article analyzes a new legal trend, the essence of which is to consider property relations as a single complex, whereby the boundaries of certain segments of property and legal regulation complement and replace each other. The analysis of jurisprudence and, above all, case law and justice gives examples of such phenomena. The article analyzes the rulings of the Constitutional Court of the Russian Federation, which show a connection between tax and civil law. First of all, this resolution of the Russian Constitutional Court of December 08, 2017 No. 39-П, which was to some extent a turning point, because it introduced the possibility of the subsidy of state coercion and confirmed the new content of delita liability, provided for by Article 1064 of the Russian Civil Code. Delicate liability began to transform and became not only a means of reparations to the holder of absolute right, but also an expanded reimbursement of purely economic losses. The latter are defined as physical damage not resulting from physical injury to a person or property. From these positions, the article analyzes the Rulings of the Russian Constitutional Court of 05.03.2019 No. 14-П and from 02.07 2020 No. 32-П. The two above-mentioned rulings are united by the fact that the possibility of recovering purely economic losses under Article 1064 of the Russian Civil Code in these decisions is assumed, i.e., it indirectly stems from the content of the decision. In the article the author concludes that the widespread use of tort liability situations involving public relations shows that, thanks to the expansion of its content, it tends to go beyond civil law and the article by the institution of inter-industry.


2021 ◽  
pp. 7-16
Author(s):  
V. F. Popondopoulo ◽  

The article examines the issues of differentiation of the regulation of public relations, defined primarily by the differentiation of public relations, and then inherent in their legal forms (based on self-regulation) and external regulatory forms (based on power regulations). The need to renounce the traditional differentiation of the right to industry, including its division into so-called private and public law, is justified because it reflects external forms of expression of law, i.e. differentiation of legislation governing a variety of public relations, divided into private and public relations. The notion of dualism (pluralism) of the law must be replaced (or at least interpreted) with the notion of dualism of the regulation of public relations, meaning legal and regulatory regulation, with all the ensuing consequences. Such an approach implies the need to clarify the entire terminology range of jurisprudence. This article discusses issues such as the legal and regulatory regime (mechanism) of public relations regulation, legal and regulatory principles for regulating public relations, legal and regulatory legal facts, as circumstances that are the basis for the emergence, change and termination of legal relations and power relations.


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