scholarly journals THE RULE-OF-LAW STATE IN THE MODERN WORLD

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 233-241
Author(s):  
Фарит Хатипович ГАЛИЕВ ◽  
Лейсан Махмутовна ГАЗИЗОВА ◽  
Наталья Владимировна ЯМАЛЕТДИНОВА
Keyword(s):  
Rule Of Law ◽  
Popular Front ◽  
Modern World ◽  
State University ◽  
The Rule Of Law ◽  
Regional Branch ◽  
Practical Conference

Review of the international scientific and practical conference "The rule of law in the modern world", which took place on May 18, 2021 in Ufa. The conference was organized by the Institute of Law of the Bashkir State University, the Bashkortostan Branch of the Association of Lawyers of Russia, the Interregional Association of State and Law Theorists, the Bashkortostan Regional Branch of the United Russia Party and the Bashkortostan Regional Branch of the All-Russian Popular Front.

scholarly journals Ombudsman Institute: Basic Models and Problems of Reception in Constitutional Law

2020 ◽  
Vol 9 (29) ◽  
pp. 273-281
Author(s):  
Oleksandr Batanov ◽  
Natalia Verlos ◽  
Olga Lotiuk ◽  
Olena Sinkevych
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
Classical System ◽  
Modern World ◽  
Persons With Disabilities ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Rights Protection

In the search for optimal ways of improving the normative foundations and organizational-legal forms of human rights protection, the problem of institutional support of relevant processes is actualized. The protection of human rights is inherently linked to all public-power structures of the mechanism of state power and is possible only in the context of optimal implementation of the principles of the rule of law, separation of powers, democratic, social, rule of law. In Ukraine, in the context of constitutional modernization, the problem of improving the organizational-legal mechanism of human rights protection remains urgent. For this purpose, the Institute of the Ombudsman operates in Ukraine. Its implementation fully meets the tendencies existing in the modern democratic world and is a reaction to those conflicts and contradictions that exist in the field of human rights protection. Nevertheless, the social insecurity of certain sections of the population (children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of citizens) is an indicator of the relevance of the problem and the functioning of national human rights protection mechanisms, including the strengthening of the relevant oversight functions of the Ombudsman. The subject of the research is the problems of reception in the constitutional law of the basic models of organization of the Ombudsman Institute in the mechanism of functioning of the rule of law. The object of the study is the public relations that delve into the human rights protection process and the ombudsman's exclusivity in the relevant processes. The methodological basis of the study are general scientific methods, such as dialectical, comparative-legal, formal-legal, historical, and logical methods of cognition, as well as special and private-law methods. The history of development, the causes, the processes of institutionalization and constitution of the ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers and the constitutional mechanism of its organization. It is argued that the functional isolation, independence, and organizational diversity of the control bodies, first of all, the Ombudsmen, is a testament to the formation of control power, the conceptual idea of which is the existence of a system of measures to ensure control over public authority.

scholarly journals Mongolia of the Twentieth Century and Russian-Mongolian Relations: Based on the Materials of the Conference Dated May 28, 2021

2021 ◽  
Vol 31 (2) ◽  
pp. 197-207
Author(s):  
Yuri Kuzmin ◽  
Alexey Manzhigeev ◽  
Liudmila Sanina
Keyword(s):  
International Relations ◽  
100Th Anniversary ◽  
Modern World ◽  
Diplomatic Relations ◽  
State University ◽  
The Face ◽  
History Of ◽  
Scientific Practical ◽  
Further Development ◽  
Practical Conference

Currently, the leadership of Russia considers the expansion of economic, scientific and educational cooperation with Mongolia impor­tant, therefore, the study of modern Mongolian and world Mongolian studies, which formulate and determine further development of international relations, seems to be an urgent and contemporary task. The article describes the development trends of modern world and Russian Mongolian studies, poses topical issues that need to be resolved in the face of increasing geopolitical competition in Mongolia. It is an overview of the reports presented at the international scientific-practical conference «Mongolia of the 20th century and Russian-Mongolian relations: history and economy» dedicated to the 100th anniversary of the establishment of Russian-Mongolian diplomatic relations, which took place on May 28, 2021 in Irkutsk on the basis of the Baikal State University. The conference participants supported the idea of creating a «Biobibliographic Dictionary of Russian Researchers in Mongolia». It was proposed to include in the dictionary corpus not only the representatives of Russian Mongolologist, but also Turkologists, Sinologists, researchers of the history of Russia, as well as practitioners: diplomats, translators, military men, merchants, journalists who wrote studies on history, geography, economics, culture and art of Mongolia. Thus, scientific Russian-Mongolian cooperation continues successfully, new joint publications, round tables, and scientific conferences are being planned.

scholarly journals Ukraine in the 21st Century: Strengthening Civilisational Agency

2020 ◽  
pp. 595-604
Author(s):  
Serhii Pyrozhkov ◽  
Nazip Khamitov
Keyword(s):  
Rule Of Law ◽  
21St Century ◽  
Modern World ◽  
Full Potential ◽  
Independent State ◽  
The Rule Of Law ◽  
Intellectual Elite ◽  
Worldview Transformation ◽  
Transformation Of Consciousness ◽  
Fundamental Values

The article addresses the issue of Ukraine’s civilisational agency in the modern world. The authors state that a civilisational destiny of a state is determined by geopolitical actors claiming a superpower status, the state’s own choice, people’s will, its political and intellectual elite. Then, a state becomes a unit of international relations and law, world geopolitics, science, art; a civilisational actor of history, the present, and the future. Ukraine strives to become such an actor, have its civilisational project, and implement it. Our country is located between the Euro-Atlantic and Eurasian civilisational societies, thus its capacity to be an actor in the modern globalised world is contingent on efficient cooperation with both of the societies. The authors believe that the implementation of the civilisational project of Ukraine as an actor and not as an object of modern world lies in systemic cooperation with the international actors which accept freedom and dignity of a human being as fundamental values. The authors single out the civilisational measures of such a society, which is a society of trust, social and political partnership, and balanced interaction of the rule of law and civil society. In its civilisational project of the 21st century, Ukraine should stand for a society of innovations and information, where a person can live up to her full potential. It is about the worldview transformation of consciousness and relations among people, countries, civilisations, and civilisational worlds. The implementation of this project is a fundamental condition for ensuring the national security and existence of Ukraine as an independent state. That is indeed a noble cause of Ukraine and its people in the multifaceted world of the 21st century. Keywords: Eurasian civilisational society, Euro-Atlantic direction, agency of Ukraine, independent state.

Eurasian integration: general values and legal institutions.

2020 ◽  
Vol 2 (3) ◽  
pp. 62-85
Author(s):  
T. N. Neshataeva ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Ethical Issues ◽  
Modern World ◽  
Dialectical Logic ◽  
The Rule Of Law ◽  
National Courts ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Jus Cogens

Introduction. The article is devoted to the analysis of the civilisational foundations and features of Eurasian integration, their reflection in the charter documents and the practice of the Court of the Eurasian Economic Union. The author describes cultural integrity, including religion. Teoretical Basis. Methods. Specifically, in the modern world, the author distinguishes four civilisations: Christian, Sinic, Indian, and Muslim. Russia (the pivotal state of the Eurasian integration under discussion) is a poly-civilisational state, because its culture is based on historical multinationality, multiconfessionality, and multiculturalism. The basis of Russian law is Christian values (for example, the rule of law), but elements that derive from Islam (the “rule of power”), and Buddhism (the protection of natural connections) are also very important. The article uses empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic. Results. The author shows that compared with European integration, Eurasianism is based on slightly different values, namely: 1) the rule of law as a formal order; 2) collectivism and collegiality – the special significance of the rights and interests of an indefinite circle of persons in comparison with individual ones; 3) the priority of natural relationships in the group. The Eurasian Economic Union (EAEU) is an international organisation of a supranational type. In its statutory documents the religious and civilisational peculiarities characteristic of Eurasianism were also taken into account. The principles of international law (as the super-imperative norms of jus cogens) have priority in application, but differ in special content, namely: 1) respect for the sovereign rights of states; 2) equality of states, which are implemented not formally, but taking into account economic reality, and; 3) the principle of pacta sunt servanda. Specifically, the EAEU Commission and the corresponding Court are created to monitor compliance with the treaties. The court also has peculiar features: 1) In the documents the principle of independence of judges is especially emphasised (the chairman is the first among equals); 2) the relations of the Court with the national courts of the Member States of the Union are built in a special way: they take the positions of the Court in their practice on a voluntary basis. The international court of a supranational union is mainly aimed at overcoming dualism – duality in the law of integration association. This creates a uniform understanding of the norms of union law, which cannot be reduced only to the positive component that the court corrects with the natural essence of law – the protection of human rights. The author gives examples of problems encountered in building the EAEU: 1) the ratio of the principle of pacta sunt servanda and the principle of national sovereignty; 2) the principle of equality in its real, not formal essence. Discussion and Conclusion. The EAEU takes into account both the principles of Christian civilisation (respect for law), and the principles of other civilisations (for example, respect for power and the principles of harmonious construction of relations within the Union – multiculturalism). It is important for the Court to find a balance between activism and conservatism both in resolving international conflicts and in interpreting law. So, activism in the EAEU Court is manifested in human rights issues, and conservatism: in matters of monitoring the activities of the Commission. An important problem is the balance in ethical issues, which is associated with the multiconfessional composition of the Eurasian court. The author concludes by noting that in a situation where the requirements for the appointment of judges are blurred and there is no verification mechanism, it is difficult for the international composition of the Court to find ethical consensus.

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