scholarly journals Ensuring national security: political-legal aspects

Author(s):  
Grigorii Aleksandrovich Maistrenko

National security issues are crucial, multifaceted, and integral phenomena of social and political life of the country. This article explores the normative legal framework that regulates this sphere of social relations. The article presents an analysis of the features of legal support for national security as a problem of stabilizing society. Analysis is conducted on the peculiarities of legal support of national security as the problem of stabilization of society. The author notes that the national security policy, first and foremost should be aimed at ensuring geopolitical interests of the Russian Federation, its sovereignty, political stability, and progressive socioeconomic development. Research methodology employs complex and systemic approaches; systemic, functional, historical general scientific methods; analysis and synthesis as private scientific methods; formal-legal analysis of normative legal acts; and comparative legal method. It is claimed that in the sphere of domestic policy, the key prerequisite for achieving the protection of national interests should consists in unification of the nation in order to solve spiritual, cultural and material tasks due to the overall sustainability and consent in the country, nonviolent resolution of domestic social conflicts; while in the sphere of foreign policy – planning and implementation of foreign policy actions from the perspective of ensuring national interests. The author gives practical recommendations for further improvement of national security system of the Russian Federation.

Author(s):  
Valeriy Zhabskiy ◽  
Aleksander Shuvalov

In the early 1990 s, the foreign policy concept in Russia was based on the policy of «Euro-Atlanticism», which presumed orientation towards the Western model of development, integration with the Western countries and a conflict-free vision of international relations. But unlike the era of «Cold War» with the USSR, the Western countries did not consider the Russian Federation to be equal in status and did not hasten the process of establishing strategic partnership. Russia has never managed to establish an alliance with the Western countries and become «part of the Western world», «Euro-Atlanticism» has not proved itself. In the late 1990s, a shift began to a course of «multi-vector» foreign policy, implying a multipolar system of international relations. Moreover, at the end of the twentieth century, the Russian Federation faced growing threats from the United States and the countries that make up the military-political bloc of NATO, which necessitated a rethinking of priorities and possibilities for ensuring the protection of Russia’s national interests and security, and the development and adoption of new doctrines and concepts on the subject. This article thus deals with the process of establishing State priorities on the basis of the principle of protecting the national interests and safeguarding the national security of the Russian Federation during the period 1999-2007.


1995 ◽  
Vol 30 (4) ◽  
pp. 510-532
Author(s):  
Christoph Bluth

RUSSIAN FOREIGN POLICY IS STILL IN A STATE OF FLUX. LIKE the other former republics of the Soviet Union, the Russian Federation seeks to come to terms with being an independent state needing to define its national interests and foreign and security policy objectives.The principal element in the new frame of reference for Moscow is the disintegration of the Warsaw Pact and the Soviet Union itself. For forty years, most of the territories controlled by Moscow were adjacent to territories protected by the United States, or else to China. The Russian Federation is now virtually surrounded by former Soviet republics, all with deep political, social and economic problems, and some of which are highly unstable and subject to violent civil conflicts. The territory of the Russian Federation itself, about 75 per cent of the territory of the former USSR with about 60 per cent of its population, is still not properly defined, given that significant sections of the borders are purely notional, and the degree of control that Moscow can exercise over the entire Federation is uncertain.


Author(s):  
Ekaterina Dmitrievna Sungurova

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.


Author(s):  
I. A. Aleksandrov ◽  

The paper considers a number of changes made to the Strategy of the Russian Federation National Security, which was approved by the Decree of the President of the Russian Federation on July 2, 2021, in comparison with the previous strategy approved in 2015. The study is important since a new strategy has been recently enacted, and a uniform understanding of the key concepts reflected in this document seems essential. Some issues related to the fixed definitions of such concepts as “national security of the Russian Federation”, “national interests of the Russian Federation”, “strategic national priorities of the Russian Federation”, “national security protection”, “threat to national security”, “national security protection system” are analyzed. The study compares the definition of the concept “national security” fixed in the Strategy of the Russian Federation National Security, which was approved in 2021, with the options for other definitions given in the similar documents that were previously in force in Russia during the post-Soviet period of Russian history. The study additionally focuses on the transformation of national interests of the Russian Federation, which are enlisted in the recent strategy. In particular, the paper discusses the wording “saving the people of Russia, developing human potential, improving the quality of life and the well-being of citizens”. The author emphasizes that undervaluation of the strategic importance of the social sphere as a security factor in the course of economic and political reforms may cause threat of loss of citizens’ confidence in government officials, which, under certain conditions, can lead society and the country to a constitutional crisis and the collapse of federal status.


2018 ◽  
Vol 2 (2) ◽  
pp. 64-69
Author(s):  
Evgeny Evgenyevich Zabuga

The subject. The article deals with subsumption of malfeasance, judicial characterization of such white-collar crimes.The purpose of the paper is to answer the question of admissibility of qualification of ho-mogeneous actions of a person according to two separate art. 285 and 286 of the Criminal Сode of the Russian Federation.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of normative legal and judicial acts).Results and scope of application. Within the meaning of paragraph 15 of the Resolution of Plenum of Supreme Court of the Russian Federation, it is absolutely clear that legal actions of an official, which were not caused by official necessity, must be qualified under art. 285 of the Criminal Code of the Russian Federation.Not only legally, but even from the point of view of ordinary logic, the qualification of ho-mogeneous actions by different criminal law norms is unacceptable.Due to the fact that art. 286 of the Criminal Code of the Russian Federation is not a crime of corruption by its characteristics, art. 285 of the Сriminal Сode of the Russian Federation cannot be regarded as a special case of abuse of power.Conclusions. This is unacceptable to qualify the homogeneous actions of a person according to two separate articles – art. 285 and 286 – of the Criminal Сode of the Russian Federation. It is necessary to add the Resolution of Plenum of Russian Supreme Court from October 16, 2009, No. 19 by the provisions more specifically delimiting qualification of malfeasance crimes according to art. 285 and 286 of the Criminal Сode of the Russian Federation.


2021 ◽  
Vol 2 (2) ◽  
pp. 45-64
Author(s):  
N. D. Potapova ◽  
A. V. Potapov

The article analyzes the problem of using digital technologies and the online space within the framework of labor law, based not only existing regulatory legal acts but also legislative drafts in the field of the digitalization of labor relations. Therewithal, the purpose of the study is to generalize current and future Russian legislation, to manifest the contradictions and gaps in the legislation, to evaluate laws and regulations from a practical point of view, and to elaborate proposals for their improvement. For this purpose, the authors take into account the existing experience gained in the course of experiments on the introduction of electronic document management by individual employers. The achievement of the research goals is ensured by the use of the formal legal method. First of all, the article draws attention to the tendency of expanding the differentiation of the labor regulation, caused by many factors, including the informatization of all social relations. It is concluded that the transition to an innovative, socially-oriented economy is impossible without a flexible labor market with new areas of employment, including employment through the use of information technology resources. Analyzing the practical aspects of electronic workflow, the article covers the theoretical aspect of the existence of the so-called “information legal relationship” in the subject of labor law. The analysis of the legislative drafts and the current legislation focuses on controversial wording and emphasizes that their incorrectness creates high risks of labor disputes. The authors insist that when introducing an electronic workflow, the parties should be provided with an alternative to the actions. The authors defend the view that it is necessary to clarify the scope of information transmitted by the employer to the Pension Fund of the Russian Federation when maintaining electronic employment record books with regard to the inclusion of information about employee awards in them. They also propose determining the procedures of the formation of human resources services in the Labor Code of the Russian Federation. As a final point, it is concluded that all the proposed initiatives are aimed at ensuring the tasks of the state for the introduction of digital technologies in all areas of social life, including in labor relations, and, ultimately, at achieving the optimal balance between the interests of the parties of the labor relations and the interests of the state, which is the main goal of labor legislation.


Author(s):  
O V. Glikman

Introduction. The article presents a complex review of international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields. The author exposes the importance of these international treaties for subsoil users.Material and methods. The methodological basis of the research consists of general scientific methods and special legal methods (the comparative legal method, the methods of interpretation, the method of legal modeling).Results. The author formulates the definition of transboundary field, proposes the classification of the international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields, presents a general review of the identified types, reveals their features, differences of mechanisms, draws the conclusions about the importance of these international treaties for subsoil users.Discussion and conclusion. The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields are subdivided into four types: 1) on a state border and (or) delimitation of sea spaces; 2) on the regime of a state border; 3) on exploration and exploitation of certain transboundary fields; 4) related international treaties.The differences of the mechanisms of the international treaties under examination are directly connected with a type of transboundary field (its resources), its production characteristics, regional features, how friendly the relations between two states are, their interest in cooperation in this sphere and the desire of their companies to carry on joint activities on the respective subsoil plots.Some mechanisms of these treaties need further development.


Author(s):  
G.A. Reshetnikova

“National interests” form the basis for the formation of not only foreign, but also the internal policy of the state. An objective indicator of this is the totality of socio-economic, political, organizational, legal actions of government bodies and management on their implementation. The practical expediency of the phenomenon of “national interests” depends on its theoretical consistency. As a new phenomenon for modern Russia, “national interests” require its understanding and scientific development. Guided by the provisions of political documents in the field of ensuring national security of the Russian Federation, relying on the results obtained by researchers in the field of philosophy, political science, the history of legal and political studies, ethnography, etc., the author of the article has undertaken a search for the conceptual nature and essential properties of this multicomponent phenomenon.


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