19 (3)
Issue
2019
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catalogue – 43669
ANTINOMIES
Foundation of journal. Issue topics About journal

Issue materials

Law

Digitalization of legal relations and its impact on implementation of particular constitutional rights of citizens in the Russian Federation

Karasev, Anatoly ,
Kozhevnikov, Oleg ,
Misuragina, Veronica

The natural emergence and widespread use of digital technologies inevitably leads to the processes of revolutionary changes in modern Russian society. In some research publications it is called the digital revolution. Digitalization of modern social relations consistently forms a new social, economic, political, and legal reality. The digital transformation of social relations is manifested, first of all, in the use of modern digital technologies in various spheres of human activity. In the context of digitalization, the content of the system of Russian law is transformed under the influence of the newly discovered and rapidly developing opportunities of modern digital technologies, which is reflected in the emergence of new legal structures, institutions, legal phenomena related to the subjects and objects of legal regulation, specifics of legal relations in digital reality, understanding of the concept, and content of individual rights, etc. The system of legislation as a constant external form (shell) of law also undergoes significant transformations and changes, while it is obvious that in the new digital reality human rights system continues to be based on the universal human rights guaranteed by the Constitution and international legal acts; their recognition and protection is the responsibility of the state and its authorized bodies. The article is devoted to study of certain constitutional rights of citizens of the Russian Federation (right to privacy, personal and family secrets, protection of their honor, and good name (part 1 of article 23 of the Constitution); right to elect and be elected to bodies of state power and bodies of local self-government, and to participate in the referendum (part 2 of article 32 of the Constitution); right to appeal (article 33 of the Constitution); right to education (article 43 of the Constitution of the Russian Federation) as the most vulnerable of digitization. In the course of study, special attention is paid to the existing problems of restriction of constitutional rights of citizens in the telecommunications network “Internet” in the system of current legislation and law enforcement practice. The authors propose some promising areas for improving the legal regulation of the digitalization of the constitutional rights of citizens of the Russian Federation.

Keywords: digitalization of constitutional rights; digital rights; constitutional law; Internet; protection of constitutional rights.

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Political
science

CARLISM AND SPANISH POLITICAL TRADITION: YESTERDAY AND TODAY

Torres Miguel Ayuso

Abstract. The article analyzes the evolution of the key ideological concepts of Carlism – a mass social and political movement that arose in Spain in 1833 as a result of the dynastic crisis after the death of King Fernando VII, and led in the 19th century to three intra-national conflicts (“Carlist wars”) between supporters of the liberal bourgeois modernization and the Catholic tradition. The author shows that modern Carlism does not boil down to legitimism as a struggle for the right of the so-called “legitimist dynast” (descendants of Carlos V as the youngest branch of the Spanish Bourbons) to the Spanish throne, but also involves the institutional continuity of old Spain and is the incarnation of traditionalist thought. As a scholar, the author argues that the twentieth century Carlism is a movement for the continuity of the “Catholic monarchy” and the doctrinal development of Catholic traditionalism. As a doctrinaire, the author tries to prove that in the conditions of the crisis of the modern State the slogan of Carlism “God! Motherland! Fueros! King!” retains its relevance not only for modern Spain.
Keywords: Carlism; traditionalism; State; «Catholic monarchy»; modern Spain.

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Political
science

“MANIFEST OF THE PERSIANS”, OR LOYALISTS BETWEEN TRADITIONALISM AND REFORMISM

Vasilenko, Yuri

Abstract. At the beginning of the 19th century, the transition from the Ancient Order to the New as liberal-bourgeois one in Spain first began to be carried out in the Cadiz Cortes by two political forces: revolutionary-minded liberals and moderate liberals (future “moderados”). The end of the War of Independence in 1814 and the return of the traditionalist-minded king Fernando VII created a “bifurcation point” from the resolution of which depended the further development of Spain for the medium term:either continuation of reforms or restoration of the Ancient Order. At the same time, the reformist impulse of Cadiz Cortes was so strong that even representatives of the initially traditionalist “servile party” formulated the so-called “Manifesto of the Persians”, which along with loyal feelings for the king offer a number of moderate political and institutional reforms. Despite the crushing failure of this project, Spanish historiography assessed the Manifesto as epochal and generally constructive: while left-wing historians always saw in it only a manifestation of an anti-revolutionary reaction, traditionalist historians, on the contrary, starting from the middle of the 19th century emphasized its pro-reformist intentions.
Keywords: “Manifesto of the Persians”; “servile party”; traditionalism; reformism; XIXth century Spain.

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Philosophy

CROWN OF EVOLUTION OR BASTARD OF NATURE?

Malyshev, Mikhail

Abstract. This work is a collection of brief essays and aphorisms, which despite the apparent diversity are parts of a common explanatory principle based on the anthropological dualism between truth and value. Being a mental monad, every phrase, however, internally echoes other mini-texts, and therefore, the author does not leave attempt to link them internally. In this work, he combined the “logical quirks” of paradox and irony with some ideas drawn from his future book on philosophical anthropology, on which he is currently working.
Keywords: existence; death; man; animal; evolution; history; mind; emotions; truth; value; antagonism.

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Philosophy

THE PROBLEM OF CORRELATION BETWEEN IDEAL AND REALITY IN KANTIAN PHILOSOPHY OF LAW

Shaveko, Nikolai

The Kantian tradition is one of the most influential in moral, legal and political philosophy, and in the theory of justice. This article aims to analyze the problem of the abstractness of the «categorical imperative», as well as those aspects, in which this problem was actualized in contemporary philosophy. To this purpose, the author analyzes the concept of justice of such scholars of XX century as R. Stammler, P. Novgorodtsev, G. Radbruch, J. Rawls, J. Habermas, and others. In the course of the study, historical-genetic, historical-comparative, formal-legal, systemic, and other methods are used. As a result, the author comes to the conclusion that the problem of the abstractness of the “categorical imperative” can be explicated in seven different aspects, forming various scientific discourses: 1) in the idea of naturallaw with changing content; 2) in the nature of the social ideal, which can only be postulated, but not justified; 3) in the discursive, and therefore contextual nature of legal norms arising from the postulated social ideal; 4) in admitting, in exceptional cases, intentionally unfair norms, taking into account the real possibility of putting the ideal into practice; 5) the possibility of understanding the legal ideal as the egoism of individuals under the condition of reciprocity; 6) the need to take into account the equality of opportunities; 7) in the matter of the fairness of the election and domination of those or other legal constructions, determined by the goals of social institutions. In the end, the author draws conclusions regarding the relevance and the results of the scientific discourses named by him.
Keywords: social ideal; legal ideal; justice; natural law with changing content; neo-kantianism; Kant; equality of opportunities.

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