scholarly journals The Principle of Deliberation as a Key Basis of Statehood in Modern Russia

wisdom ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 30-39
Author(s):  
Marina BARANOVA ◽  
Olga KUPTSOVA ◽  
Zurab KALANDARISHVILI
Keyword(s):  
Multilevel Analysis ◽  
Deliberative Democracy ◽  
Social Relations ◽  
Modern Society ◽  
The State ◽  
Close Attention ◽  
Public Interests ◽  
Initial Hypothesis ◽  
The Subject ◽  
Key Aspects

The development of statehood is predetermined by a great variety of factors. In modern society, citizens are developing an increasing willingness to fully participate in political and legal processes jointly with the state. Today the ideas of deliberative democracy attract the close attention of legal theorists in this aspect. The subject of the research is the key aspects of the philosophical and legal treatment of social relations in the sphere of realisation of the principle of deliberation in modern Russia. The purpose of this study is a multilevel analysis (general legal, philosophical, technical/legal) of the principle of deliberation, with substantiation of its significance as a key foundation of statehood in modern Russia. The research results confirm the initial hypothesis and evidence that the goal of the study has been achieved. The correlation of state and public interests in terms of deliberative interaction is of fundamental importance for the development of Russian statehood.

scholarly journals On the entrepreneurial legal capacity of public legal entities in Russia

2020 ◽  
Vol 65 (4) ◽  
pp. 493-499
Author(s):  
I. I. Shuvalov
Keyword(s):  
Functional Form ◽  
The State ◽  
Entrepreneurial Activity ◽  
Legal Capacity ◽  
Public Interests ◽  
Property Owners ◽  
The Subject ◽  
The Russian Federation ◽  
Business Entities ◽  
Legal Entities

This article is devoted to one of debatable issues– the possibility of classifying theRussian Federation, the subject of theRussian Federationand the municipality as subjects of entrepreneurial activity. Consideration of doctrinal positions, as well as the study of new forms of business activity allowed the author to draw the following conclusions. Actions performed by any public legal entity are solely aimed at ensuring public interests, which at first glance indicates that it is impossible to classify public legal entities as business entities. At the same time, the new forms of economic cooperation of the state, its subjects and municipalities with entrepreneurs that have appeared recently indicate that public formations can be a party to an entrepreneurial agreement. Such agreements are concluded by authorized bodies of public legal entities that represent public entities as property owners. Taking into account the nature of public legal education (this is a territorial structural and functional form of organization of a territorial public collective), the article concludes that the Russian Federation, its subjects and municipalities cannot directly carry out business activities, they carry out it indirectly through authorized bodies, and therefore, the state, its subjects and municipalities are indirect participants in business activities.

scholarly journals “I Ask Your Voices and Your Suffrages”: The Bogus Rome of Peele and Shakespeare's Titus Andronicus

2016 ◽  
Vol 78 (4) ◽  
pp. 551-570 ◽  
Author(s):  
Paulina Kewes
Keyword(s):  
Subject Matter ◽  
The State ◽  
Close Attention ◽  
Titus Andronicus ◽  
Political Ideas ◽  
Collaborative Authorship ◽  
Institutional Structures ◽  
The Subject ◽  
Solo Works ◽  
The Difference

AbstractThis essay provides a contextual reading of Titus Andronicus, paying close attention to the play's collaborative authorship. Peele and Shakespeare are shown to have manufactured a superficially compelling but in reality utterly fake image of the Roman state as an imaginary laboratory for political ideas, especially the elective principle. Topical allusions and deliberate anachronisms encourage the audience to relate the subject matter to the present, viz., late Elizabethan England in the throes of a succession crisis and rent by confessional divisions. Unlike Peele's solo works, which exhibit a potent anti-Catholic bias, Titus remains confessionally elusive. The play invites the audience to reflect on the viability of particular modes of succession without committing itself either way, and shows that it is not institutional structures and processes but those who use and abuse them that make the difference to the state of the polity.

scholarly journals Property as an economic category

2020 ◽  
pp. 28-32
Author(s):  
Yaroslav HROMOVYI
Keyword(s):  
Social Relations ◽  
Modern Society ◽  
General Concept ◽  
Point Of View ◽  
Economic Point ◽  
The Social ◽  
Economic Process ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship

Introduction. Property is a multifaceted phenomenon, so that, even within one science, there is no general concept that would reflect its meaning. At the same time, we are of the opinion that the most important aspects of property for modern society are economic and legal, despite the fact that property, first of all, was considered as a philosophical category. In scientific sources, the commonality of features that characterize the property on the legal side (possession, use and disposal), is called the legal (legal) category, and economic (the desire to own goods (both tangible and intangible), the relationship between owners, owner and direct producer of goods (subject-subject relations)) - economic category. The purpose of the paper is to consider the essence of property as an economic category. Results. Analyzing the category of «property» from an economic point of view, we can identify its basic basis: the relationship of different owners with each other, as well as owners and direct producers of goods. In the «owner – owner» relationship, we observe the economic process of exchange of goods. At the same time, the owner-non-owner relationship is non-economic, so it is not the subject of economists' research. The relationship between different owners, as well as owners and direct producers of goods is the material basis of our society. Conclusion. Property as an economic category is characterized by: first, the result of the manifestation of the subject of his will - the desire to own the goods of the world; secondly, goods both material and non-material; third, the social relations and interrelationships of the owners among themselves, as well as the owners and direct producers of goods.

scholarly journals Informational Space and Its Subjective Basis

2019 ◽  
pp. 24-34
Author(s):  
Marat Buzskiy
Keyword(s):  
Social Relations ◽  
Social System ◽  
Special Property ◽  
Modern Society ◽  
Information Space ◽  
System Stability ◽  
Main Function ◽  
The Past ◽  
The Social ◽  
The Subject

The article discusses the problem of determining the information space of modern society. Considering modern interpretations of this space, the author notes the widespread approach of describing the properties of this space from the information itself contesting the relationship between the past and the present, their interaction in modern society. Trying to solve the problem we consider the constant function of the social system, i.e. the formation of its specific historical integrity in the form of the universality of the subject - a special property of the system itself expressing the achieved level of social relations of society, forming goals, defining guidelines and patterns of behavior, as well as features of consciousness and ideas of people of this society. The article deals with the peculiarities of four historical forms of universality of the subject – myth, religion, activity and information, their interaction with the social system and personality (social subjects). From this point of view the author believes that the modern information space does not reveal its real subjective potential and should be considered as a formation, since the social system itself and its subject are historically only at the beginning of its existence. The conceptual basis of the article lies in the identification of a special objective regularity – the dialectical interaction of the social system and its subject form generated by the system – a historically reproducing permanent mechanism, which, however, changes its content along with the development of society. The main function of the universality of the subject is to present or express the most common systemic quality as a kind of objective goal of society and at the same time to determine the main direction and nature of socio-spiritual and practical interactions of people in a particular historical era. Thus this subject acts as a special intermediary between specific individuals and the social system. It expresses some general quality of system structures or orders arising in different epochs objectively arising in society. Therefore, the information society and its space are not autonomous in relation to the past, but express the modern stage of this process – the formation of objective conditions of the system stability on the basis of accelerating dynamics of information processes and interactions. And the basis of these conditions, their concentrated manifestation is the universality of the subject in its information "objectification".

scholarly journals Axiological Aspects of State Control and Supervision

2021 ◽  
pp. 37-61
Author(s):  
Saniat Agamagomedova ◽  
Keyword(s):  
Social Relations ◽  
The State ◽  
Point Of View ◽  
Evolutionary Approach ◽  
State Control ◽  
Public Authorities ◽  
The Public ◽  
Administrative Procedures ◽  
The Subject

The subject of research is state control and supervision from the point of view of axiological approaches. The first level of the latter makes it possible to determine value of state control and supervision as administrative forms; the second level forms variants of theoretical and legal substantiation of the correlation between the control and supervisory activities of the state and the totality of values protected by law. The aim of the article is to propose methodological techniques for determining the value of state control and supervision, which is understood as the importance of these institutions in the public administration system as a whole in the context of the possibility of using other administrative forms to achieve regulatory goals. The value of the control and supervisory activities of the state is substantiated from the point of view of the possibility of replacing state control and supervision with other regulatory mechanisms within the framework of deregulation processes (horizontal approach), as well as taking into account previous development of these administrative forms (evolutionary approach). Value of state control and supervision is seen as the ability to ensure the protection of legally protected values with minimal interference of public authorities in controlled activities. Value of the considered management forms is substantiated using the category of deregulation, which is understood as: process of development of a certain sphere of social relations; process of delegating state powers; trends to expanding the freedom of subjects, transition to “soft” regulation; process of reducing and simplifying administrative procedures (procedural deregulation). Determination of the value of state control and supervision is associated with the justification of the possibility of replacing these management forms with others in relation to a certain area of regulation, which determines a specific ratio of various management forms and mechanisms. From the point of view of evolutionary approach, value of state control and supervision is determined by the previous development of these administrative forms in the system of state power. Within the framework of the theoretical and legal substantiation of the category “values protected by law” in the system of state control and supervision, a variety of positions are highlighted. As a conclusion, a modern formula is proposed: state control and supervision — socially significant results — mandatory requirements — values protected by law.

scholarly journals The concept of «sources of law»: general theoretical definition and content

2021 ◽  
Vol 2 (2) ◽  
pp. 71-75
Author(s):  
Maryna Novikova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
The State ◽  
Dual Function ◽  
Legal Norms ◽  
The Subject ◽  
Theory Of Law ◽  
Theoretical Thinking ◽  
Legal Understanding ◽  
Legal Force

The article analyzes scientific approaches to the characterization of sources of law as a legal category. The reasons of multifaceted approaches, dependence of sources of law on legal understanding are defined. Approaches to understanding the sources of law are studied. The meaning of the concept in the material, ideological and formal (legal) sense is revealed. It is determined that in the system of categories of the theory of law the concept of «sources of law» performs a dual function. Thus, on the one hand, it allows distinguishing sources of law from other social regulators. Any legal system determines in its doctrine and legislation which sources (forms) of law are recognized as valid. On the other hand, this concept reveals the place of a source of law in the system of sources of law, the ratio of its legal force with the legal force of other sources of law. It is stated that the source of law cannot be defined as a way of external expression of legal norms, which are objectified in a certain form, because the «source of law» means the origins of law. It is pointed out that differences in the interpretation of sources of law can be explained by different approaches to legal understanding. So, for example, if the legal understanding is based on the normative approach, then the sources of law mean the will of the legislator or law-making activities of the state, and in the natural-legal approach, the sources of law are considered the principles of law, which should be followed by positive law. The source of law may not have forms, such as common sense or theoretical thinking, which can be considered full-fledged sources of law that form the meanings of law, although they are not forms of existence of law. It is concluded that the source of law, and not any other legal category, opens for the subject of lawmaking, determines the need for their use in the regulation of social relations. From the source of law, the subject of law enforcement derives the content of the legal norm, regardless of its recognition by the state, regardless of whether the sources of law are binding or only convincing value. The source of the law itself can be the basis for the decision of the subject of law enforcement. The legitimation, material, social and ideal meaning of the term «source of law» is analyzed. Based on the analysis of definitions and approaches to the chosen issues presented in the scientific literature, the authors agree with the position expressed in the literature that the understanding of the category of source of law, its form is directly influenced by the concept of legal understanding shared by researchers.

THE PROBLEM OF CORRUPTION IN STATE CIVIL SERVICE AS PERCEIVED BY THE PUBLIC (THE CASE OF A REGIONAL STUDY)

2021 ◽  
Vol 27 (6) ◽  
pp. 80-89
Author(s):  
Е. Matveeva ◽  
◽  
S. Gladkikh ◽  
Keyword(s):  
Public Opinion ◽  
Social Relations ◽  
Civil Service ◽  
Public Attitudes ◽  
The State ◽  
Regional Study ◽  
The Public ◽  
Official Position ◽  
Federal Research ◽  
The Subject

The subject matter of the article is the study of public attitudes in Kemerovo Region-Kuzbass in relation to the problem of corruption which manifests itself in various areas of social relations, in particular, in the system of the state civil service. The aim of the study is to consider the current views on the problem of corruption and countering it in public assessments of the population of Kemerovo Region-Kuzbass. To solve this task statistical and monitoring data from federal research centres have been used, as well as the results of a regional sociological survey conducted by the authors in the municipal divisions of Kemerovo Region-Kuzbass. The methodological basis of the research has been formed by the systemic and neoinstitutional approaches along with the sociological survey. The article presents statistical data of federal sociological institutions (All-Russian Centre for the Study of Public Opinion, Public Opinion Foundation) for the past few years in assessing the problem of corruption by the population. In addition, Transparency International’s 2020 data on the level of perceptions of corruption in the Russian Federation are presented, which make it possible to draw attention to the problems in combating corruption and propose recommendations for improving the state anti-corruption policy. In designing the research questionnaire for their sociological survey, the authors adhere to the principle of problem-based assessment of the current situation regarding the issue of corruption, which has made it possible to evaluate the subject of the research from different angles and to focus on the most challenging issues. It is noted that the understanding of the term “corruption” in the civil service system is associated with the concept of “bribery”, the appropriation of resources and taking advantage of official position. Among the recommendations proposed, the authors would highlight the necessity to continue activities to strengthen measures of countering corruption, to make the work of officials more transparent, to enhance the information campaign among the population to provide information on the responsibility for illegal actions

Limits of Legal Regulation and Discretion in Law: on the Correlation of Concepts

2020 ◽  
pp. 4-10
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
External Control ◽  
Active Behavior ◽  
Common Features ◽  
The Subject

The author considers the logical connections between the content of the concepts «limits of legal regulation» and «discretion in law» in terms of the ratio of their volume. At the same time, the content of the concepts «legal regulation», «legal impact», «limits of legal regulation» is specified. The features characterizing the limits (scope) of legal regulation are identified: the conscious-volitional nature of social relations; the possibility of external control of public relations by the state; the importance of public relations; the opportunity for subjects of public relations to choose a behavior option, etc. The features of discretion in law are the possibility of implementation only within the framework of the subject of legal regulation; legality; expression in the passive or active behavior of the subject, etc. It is concluded that these concepts are not identical, but rather, are subordinate and are included in the scope of the concept of «legal impact». They are comparable because they have common features (for example, the existence of an authority establishing public relations and being expressed in a legal act), as well as related ones, since their volume partially coincides.

scholarly journals LEGAL CONVERGENCE IN THE CONTEXT OF MIGRATION PROCESSES REGULATION IN RUSSIA: STATEMENT OF THE PROBLEM

2019 ◽  
Vol 7 (2) ◽  
pp. 16-20
Author(s):  
Варвара Богдан ◽  
Varvara Bogdan ◽  
Маргарита Урда ◽  
Margarita Urda
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
The State ◽  
Legal Consciousness ◽  
National Interests ◽  
Public Interests ◽  
Legal Norms ◽  
Legal Psychology ◽  
Wide Range ◽  
Unlawful Conduct

In this paper, the authors considers the problem of legal convergence on the example of migration processes, covering a wide range of social relations and affect national, public, public interests of the state. The purpose of the study to perform legal convergence in the context of regulation of migration processes in Russia, the main objectives of the study: to establish methodological approaches to the cognition of legal convergence; to show the mechanism of legal convergence; to define the essence of legal divergence; to identify methods of implementation of legal convergence; to reveal the peculiarities of the legal convergence of the elements of the system of law in the regulation of migration processes. In this study, the following methods were used: methods of collection and study of single facts; methods of compilation; methods of scientific abstraction; the methods of cognition of regularities. At the stage of collecting and studying of the isolated facts were used the methods of legal interpretation, which has revealed the content of legal norms, the will of the legislator, which is reflected in legal acts; concrete-sociological methods (observation, analysis of written sources, questionnaires, interviews); socio-psychological methods - tests of the scale, as a kind of specific sociological methods, modified for the study of legal psychology and legal consciousness of citizens, based on their lawful or unlawful conduct. On the basis of the study concluded that, establishing a special legal status of foreign citizens, the legislator reflects public interests and the interests of individuals (including foreign citizens). A measure of the convergence of natural rights and their legislative display are the national interests of balanced interests of individuals, society and the state in various spheres of life.

scholarly journals Judicial Practice of Protecting Human Rights: Problems of the Rule of Law in a Postmodern Society

2021 ◽  
Vol 12 (1) ◽  
pp. 102-114
Author(s):  
Nadiia Bortnyk ◽  
Iryna Zharovska ◽  
Tetiana Panfilova ◽  
Ivanna Lisna ◽  
Oksana Valetska
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Social Relations ◽  
Modern Society ◽  
The State ◽  
Transitional Period ◽  
Fourth Generation ◽  
Modern World ◽  
Transitional State ◽  
Legal Standards

Human rights issues are present today in almost every area of society and, accordingly, occupy a special place in it. Due to the fact that modern Ukraine is in a transitional state of creating legal, state and public institutions, the process of formation of civil society requires the identification of the nature of legal relations in a transitional period. After all, relations in civil society should be formed on the basis of awareness of the inalienability and non-repudiation of natural human rights. They should be based on the positive legislation of the state. They are the key to the effectiveness of the entire system of social relations. Ensuring human rights is the criterion by which the achieved level of democracy in the state is assessed. The beginning of this process can be called consolidation in the Basic Law of the provision that a person, his life and health, honor and dignity, integrity and security are recognized as the highest social value, and determining the priority of universal values. At the same time, the needs of the present, in fact, directs the development of modern law, is the development of certain general legal standards that allow us to move on to a new qualitative coexistence of nations in the modern world on substantial humanistic principles. In addition to examining the established mechanisms and specifics of protecting everyday human rights, the article examined the new human rights that exist in post-modern society, which today are called the rights of the “fourth generation”.

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