THE NATIONALIZATION OF THE ELITES: AN OBJECTIVE NECESSITY, POLITICAL AND LEGAL FEASIBILITY, AND PROSPECTS FOR IMPLEMENTATION

Communicology ◽  
2020 ◽  
Vol 8 (3) ◽  
pp. 109-124
Author(s):  
EVGENY OKHOTSKIY ◽  
◽  
DAVID GRIGORYAN ◽  
Keyword(s):  
International Law ◽  
The State ◽  
Ruling Elite ◽  
Historical Significance ◽  
Russian State ◽  
Strict Compliance ◽  
Legal Foundations ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article attempts to answer the question of what is ‘nationalization of elitesэ in its modern scientific interpretation and practical functionality, and to present a normative definition of this concept. Examines the relationship of the Russian state towards the problem of nationalization of the elites in different historical conditions, is interpreted as a precondition for strength of the constitutional and legal foundations of the state, as a factor of political and professional-ethical success of public administration, justifies the historical significance of the national-based awareness of the ruling elite of the state interest and action in accordance with this interest. A prerequisite for success is strategic validity, strict compliance with the principles and norms of domestic and international law, and the prevailing moral postulates. The purpose and objectives of the research are to identify the essence, features and content of the concept of ‘nationalization of elites', to study the features of the process of such nationalization, to justify the objective validity of such a process and its practical necessity...

THE COMMON EUROPEAN SALES LAW, CONSUMER PROTECTION AND OVERRIDING MANDATORY PROVISIONS IN PRIVATE INTERNATIONAL LAW

2013 ◽  
Vol 62 (2) ◽  
pp. 463-483 ◽  
Author(s):  
Christopher Bisping
Keyword(s):  
International Law ◽  
Consumer Protection ◽  
Private International Law ◽  
Cross Border ◽  
Border Trade ◽  
The Common ◽  
Definition Of ◽  
Common European Sales Law ◽  
Relationship Of ◽  
The Relationship

AbstractThis article analyses the relationship of the proposed Common European Sales Law (CESL) and the rules on mandatory and overriding provisions in private international law. The author argues that the CESL will not achieve its stated aim of taking precedence over these provisions of national law and therefore not lead to an increase in cross-border trade. It is pointed out how slight changes in drafting can overcome the collision with mandatory provisions. The clash with overriding mandatory provisions, the author argues, should be taken as an opportunity to rethink the definition of these provisions.

scholarly journals THE KOLYVAN FACTORIES IN THE POLICY OF THE KUZNETSK VOIVODES IN THE SECOND QUARTER OF THE XVIII CENTURY

2018 ◽  
pp. 23-29 ◽  
Author(s):  
D. S. Bobrov
Keyword(s):  
The State ◽  
Security System ◽  
State Archive ◽  
Popular Opinion ◽  
Xviii Century ◽  
District Administrators ◽  
Russian State ◽  
Administrative Subject ◽  
Relationship Of ◽  
The Relationship

The article is devoted to the identification and analysis of the areas of interaction between the Kuznetsk voivodes (governors) and proprietary estate managers of the A. N. Demidov’s Kolyvan factories in the second quarter of the XVIII century. The research is based on unpublished documents from the funds of the Russian State Archive of Ancient Acts. The article features the reaction of the district administrators to the establishment and dynamics of the security system at copper smelteries in the interstream area between the Ob and the Irtysh. The system contradictions between the interests of civil authorities and A. N. Demidov’s managers are demonstrated by the example of the use of state-owned salt, as well as by the amenability of crimes. The resulting collisions and conflicts are considered as a consequence of the unregulated procedure of the relationship of the relevant administrative subject in lawmaking and administration. The author casts doubt on the popular opinion that there was no competition between the state and the proprietary basics in the development of the Upper Ob-Irtysh area. The author comes to a conclusion about the permanent aspiration of the Kuznetsk voivodes to expand their administrative influence on the estate managers of the Kolyvan-Voskresensky department.

Special Act on the Interpretation of Law – Dictates of the Time!

2020 ◽  
Vol 2 (2) ◽  
pp. 29-48
Author(s):  
I. A. Fargiev ◽  
Keyword(s):  
International Law ◽  
Theoretical Basis ◽  
The State ◽  
Theory And Practice ◽  
Law Enforcement Agencies ◽  
Constant Attention ◽  
Dialectical Relationship ◽  
The Law ◽  
Definition Of ◽  
Relationship Of

Introduction. As a result of the Russian legal reform, a new legal system was formed; an important feature of which is the power of a lawyer to interpret various forms of national and international law implemented by the state. The scientific understanding of the interpretation of the law has significant gaps which make it difficult to apply in practice. Theoretical basis. Methods. The theoretical basis of the study was the work of Russian and foreign scientists on the interpretation of law. Research methods were as follows: systematic, historical, formally logical, comparative approaches, interpretation of legal and philosophical ideas. Results. The article presents the author’s opinions on problematic issues of the theory and practice of interpretation of law, which are the subject of constant attention of legal scholars, law-makers and law enforcement agencies. The author justifies the need to adopt a special law on normative legal acts, which should give a legal definition of “interpretation of law”, establish a procedure for the interpretation of law, fix the range of subjects of interpretation and other important scientific and applied issues. Discussion and Conclusion. The term “interpretation”, in modern legislation, is used to address the issue of official clarification and explanation of the content of norms and principles of international law employed in developing a multi-level system of forms of national and/or international law, which is then implemented by the state. Other interpretations of the law, referred to as doctrinal, ordinary, professional, etc, can be called a conditional interpretation of the law. Using scientific conclusions about the dialectical relationship of law with philosophy and sociology, history and politics, economics and ideology, etc, the author came to conclusion that there is a need to adopt a special law on the interpretation of law.

scholarly journals The Noble Family as “Singular Multiplicity”? Redefining the Smoczynski–Zarycki’s Totemic Definition of Nobility through the Lenses of Alain Badiou’s Mathematical Ontology

2019 ◽  
Vol 9 (1) ◽  
pp. 53-69
Author(s):  
Urszula Idziak ◽  
Bartosz Piotr Bednarczyk
Keyword(s):  
Set Theory ◽  
Empirical Studies ◽  
The State ◽  
Mathematical Ontology ◽  
Definition Of ◽  
Generic Theory ◽  
Relationship Of ◽  
The Relationship ◽  
Theoretical Standpoint

Abstract In our paper, we redefine the category of “family” denoting the relationship of selected members of a post-noble/post-aristocratic milieu in Poland using Alain Badiou’s terminology. Badiou’s ontology based on a mathematical set theory and a generic theory is the most developed, complex, and revolutionary ontology of the 20th and 21st centuries. However, it is rarely adapted to new empirical studies probably because of its novelty and complexity. We do not intend to use the empirical case study made by Smoczynski–Zarycki to inform our argument but instead perform a translation of the Durkheim–Lacanian theoretical standpoint from “Totem…” into the category of “singularity” [singularité] in its relation to “the state of situation” [état de la situation] from “Being and Event” (Badiou 2005). This approach seeks to find a universalizing potential of nobility that will allow it to become a relevant subject for truth procedure analysis.

scholarly journals THE RELATIONSHIP OF LAND CATEGORIES AND THE STATE OF ATMOSPHERIC AIR

2019 ◽  
Vol 6 (2) ◽  
pp. 115-119
Author(s):  
Alexandra Solovey ◽  
Irina Bochkareva
Keyword(s):  
Air Pollution ◽  
The State ◽  
Atmospheric Air ◽  
Novosibirsk Region ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The work is devoted to the consideration of the relationship of economic and (or) other activities that affect the definition of land categories and air pollution on the example of the Novosibirsk Region.

Legislative aspects of interaction between the state and religious organizations

2020 ◽  
pp. 67-72
Author(s):  
S. Savushkin
Keyword(s):  
Well Being ◽  
The State ◽  
Orthodox Church ◽  
Political Factor ◽  
Federal Law ◽  
Religious Groups ◽  
Russian State ◽  
Ethical Norms ◽  
Relationship Of ◽  
The Relationship

In this paper we write about the relationship of religious and moral traditions and the state regulatory apparatus. The significant place of religion in the Constitution and legislative acts of Russia and other countries is emphasized. The work deals with some aspects of the Federal law "On freedom of conscience and religion" and the danger of missionary expansion from the outside. Religion is not only a part of the spiritual life of the country, a source of ethical norms, but also a serious political factor. Through non-cultural religious groups, the country may weaken and lose its state sovereignty. In Russia, statehood was formed on the basis of the traditions of the Orthodox Church, so the opportunities in the development of the Russian state largely depend on its well-being. Qualitative and balanced stateconfessional relations are the basis of Russia's spiritual security.

Contemporary Turkey: An Islamic-capitalist variety of modernity?

2014 ◽  
Vol 53 (2) ◽  
pp. 197-212 ◽  
Author(s):  
Ibrahim Kaya
Keyword(s):  
Gender Equality ◽  
Cultural Theory ◽  
The State ◽  
Basic Definition ◽  
Multiple Modernities ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
Turkish Society

This article offers a new conceptualization of the multiple modernities debate by analyzing the relationship of Islamic conservatism to modernity. I argue that in post-1980 Turkey ‘modernity’ was re-interpreted, giving ever more emphasis to capitalism and to the Islamic societal self-understanding at the expense of commitment to autonomy, to critique and self-questioning, to gender equality, and so on. I pose the question whether this is still an interpretation of modernity or does it deviate so much from the basic definition of modernity that it should be considered something else. First, I consider the limits to the openness of modernity to interpretation in an attempt to understand whether a ‘cultural theory of modernity’ suffices as explicandum. Initially I consider the essentially changing relationship both within and between Turkish society and the state, and relate these changes to the discussions concerning the relations between modernity and multiplicity. I then demonstrate that recent occurrences in Turkey illustrate the corruption of modernity, in contrast to the assumptions that view contemporary Turkey as an Islamic-capitalist variety of modernity.

scholarly journals The Internationalization of Judicial Review in the Colombian High Courts

2019 ◽  
Vol 5 (1) ◽  
pp. 001
Author(s):  
Juan Sebastián Villamil Rodriguez
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Constitutional Court ◽  
State Council ◽  
National Courts ◽  
High Courts ◽  
Constitutional System ◽  
Relationship Of ◽  
The Relationship

The internationalization of adjudication in the Colombian high court refers to the growing importance that the American Convention on Human Rights has gained among the judicial forums of this country, but especially to the phenomenon that occurs when national judiciaries implement and appropriate the doctrine of the control of conventionality. The Convention has claimed a high ground in the Colombian constitutional system due to the appropriation of international law by national courts decisions, and to the process of the internationalization of the law. By consistently applying the control of conventionality doctrine, courts like the State Council have reaffirmed the binding nature and the effectiveness of the decisions of the Inter-American Court of Human Rights for the Colombian legal system. In contrast to a much more regressive posture assumed by the Constitutional Court in recent decisions, the State Council, drawing on the legal contents of international law, has broadened the range of legal sources for rights interpretation in Colombia. By this action, as it will be further stated in this article, the State Council has contributed to a move away from a paradigm of a legalism based solely on the state sovereignty and national constitutionalism, towards one that endorses the pluralist structure of post-national law. Against this background, this article aims to discuss how the relationship of national judiciaries with international law is best understood as reflecting the development of a pluralist legal dynamic, sometimes referred to as jurisprudential dialogue, that involves the broadening of the normative horizon and the internationalization of the sources available for national judges in their reasoning; particularly in the cases that involve human rights violations.

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