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catalogue – 43669
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)


— showed 7 articles from7



Podoprigora Alexander

approach and the synergetic paradigm, the phenomenon of “digital reality” is considered; its definition as a kind and stage of development of information reality is given. The genesis of this concept and its connection with the thousand-year Pythagorean tradition in European philosophy and culture based on the logic and dialectic of the number as a metaphysical entity is traced. The conclusion is made about the key significance of this philosophical tradition (in connection with Neoplatonism) as a special system of thought that determined the modern worldview and scientific paradigms, and contributed to the formation of a social model of a post-industrial interactive society generating a new type of phenomenal reality in the format of digital information technologies, institutes and platforms of electronic communications. In addition, the article considers the prerequisites for the birth of new forms of cognition and creativity, the “unpacking” of the content of the semantic continuum in the post-non-classical type of rationality, and the synergy of humanitarian and computer technologies.

Keywords: Pythagorean tradition, digital reality, information, post-industrial society, Neoplatonism, metaphysics, semantic space, electronic communications, networks, number, sign, binary logic.

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Ishchenko Natalia

Abstract. The subject of this article is Heidegger's existentially-ontological consideration of human being (Dasein) as the transcending structure. This article proves the conclusion that the interpretation of Heidegger's intentional consciousness as transcendence”means going beyond Husserl's phenomenology. Consequently, raising an issue of intentionality as a specific kind of Being (rather than cognition) Heidegger in contrast with Husserl considers the latter not as the consciousness immanent act, but as the act of transcending, or ecstasis, which being “isomorphic to Husserl's structure of intention” is regarded as ontological (rather than epistemological or academic) phenomenon. Specifically, Heidegger regards the act of transcending as the ecstatic temporality, and, therefore, as the fundamental aprioristic structure of the human Being. Significantly, this ecstatic temporality corresponds to “«the horizon of understanding, which ontologically belongs to Dasein”. Furthermore, Heidegger characterizes the above-described structure as the “openness” (openness of things existent to Dasein and vice versa) and interprets it as the basic phenomenon, and as the initial research subject in his phenomenological ontology. Moreover, this structure of the human being has a twofold interpretation: as the Being of things existent (Dasein), or as the aprioristic condition of this Being, hence it “internally” grounds “the possibility of ontology” in principle.
Keywords: transcending, intentionality, phenomenology, ontology, hermeneutics, being, Dasein, existence, understanding, temporality, ecstasy, Husserl, Heidegger.

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Ryabushkina Tatyana

Abstract. The article deals with the question of the possibility of implementing phenomenological project, which is aimed at understanding of the whole content of experience constituted by consciousness. To achieve the goal of transcendental philosophy – a clear understanding of oneself as the subjectivity functioning as primarily source – E. Husserl moves from description of things of the intuited surrounding world (life-world) to the analysis of successively lower layers of the sense accomplishments. In doing so, he faced the impossibility to describe how the primal hyletic configurations that determine the unity of the absolute flow of consciousness form in the process of passive genesis. Husserl’s analyses of passive synthesis points to the openness of consciousness to alterity. The “alterity” of original unities means that they not only do not require the ego’s activity, and therefore seem to be alien to consciousness, but are really alien to it. Paradoxically, while being other to consciousness, primordial unities play a key role in its organization, making possible the structure of the “living present”. Husserl’s account of consciousness as receptive to what is alien to consciousness creates a basis for comparing his ideas with the ideas of S. L. Frank. The Russian philosopher argues that a foundation of “transcendental objects” is a “concrete super-temporal allencompassing unity” as absolute being, outside the relation, to which consciousness would be impossible. The article proves that the recognition of dependence of consciousness on the pre-conscious layer of subjectivity opens the way of solving the problem of the structureforming grounds of conscious.

Keywords: transcendental philosophy, phenomenology, subjectivity, constitution, transcendence, passive synthesis, all-encompassing unity, living knowledge.

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Political science


Matveychev Oleg

Abstract. The article explores the ways of developing the Hyperborean problem, which was brought up anew after one-hundred-year break by the thinkers of the late XIX–XX century in connection with the appearance of so-called Arctic hypothesis of the origins of civilization. The Hyperborean problem is examined in a broad historical and political context in connection with the most diverse trends of humanitarian thought, which are new for the Russian science. A connection is shown between the mass surge of interest in the
Hyperborean problematics and the state of public consciousness in the epoch in question. Critical analysis of the concepts of J. Bailly, W. Warren, B.G. Tilak, E.P. Blavatsky, G. von List, J. Liebenfels, R. von Sebottendorf, G. Wirth, O. Rahn, R. Guénon, M. Serrano is given. Not only the postulating of the existence in the antiquity of the northern paleocontinent, where the “original Eden” of mankind was located is common to them, but also the selective use of scientific data, the use of intuitive analysis instead of scientific methodology, ignoring the lack of connection of the “hyperborean civilization” with any known archaeological culture. Despite the significant results achieved by the authors in the field of the history of culture, linguistics, and ethnography, the widespread usage of their works to solve the practical and political problems has led to the marginalization of the Hyperborean theme in the scientific world. Meanwhile, the academic science of the XIX–XX centuries thoroughly studied a number of individual issues related to the Hyperborean problem. Among them was the question of the geographic belonging of the northern peoples in the Arimaspea and the ways of the Hyperborean gift-givers, the origin of the cult of Apollo associated with the North of the Oecumene. A number of Herodotus's reports concerning Hyperborea was confirmed by new data of archeology. Significant results were obtained by classical philologists and historians of philosophy in the study of ancient evidence of Hyperborea, as well as the legacy of Aristeus and Abaris, thinkers who linked the Greek tradition to the distant North. Discoveries in the field of anthropology and ethnography allowed expanding the context of the interpretation of their teachings.
Keywords: history of philosophy; mythology; religion; Ancient Greece; Hyperborea; Thule; Holarctic; Urheimat; Indo-Europeans; Aryan race; scientific racism; Arctic home; traditionalist school; esotericism; ideology.

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Davydov Dmitry

Abstract. The article deals with the problem of interpreting empirical data on the dynamics of values. Ronald Inglehart’s concept of post-materialism is criticized. It is argued that the true flourishing of post-materialistic values is impossible in the capitalist society. It is shown that many post-materialism’s achievements turns out to be not as significant as it is originally intended. Most likely, the observed manifestations of post-materialism in the post-war decades are connected with the achievements of a social state that does not allow strong social inequality, ensures the guarantees of education, employment, stable growth of the material well-being of citizens, and so on. It is shown that post-materialistic tendencies are quickly reversed with the transition towards neoliberal model of economy; it is confirmed by longitudinal studies of the youth values. According to the results of these studies, today there is a significant shift towards “external” priorities (money, fame, image, etc.). The values of selfrealization declared by representatives of young generations are often results from the overestimated self-esteem and narcissistic obsession with one's own person. In words, the representatives of young generations are more concerned with public problems, although in reality they show less empathy and altruism. Self-realization through social activity, labor and self-development is often replaced by “wanting to be liked” in social media, or the desire to achieve success in virtual world. It is suggested that the dynamics of values testifies the formation of a rental society. In such a society, the acceleration of the rates of digitalization and automation of production is combined with the crisis of the educational institutions responsible for personal development, and the training of personnel for a high-tech economy. Therefore, representatives of the growing social stratum of “superfluous people” increasingly express their “materialistic” interest in a stable income independent of their work merits, as well as access to various kinds of entertainment.

Keywords: millennials, generation Z, post-capitalism, post-materialistic values, rental society.

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Emikh Valentina

For the first time in the legal science, the article in a consistent manner estimates the legal regulation of exporting and importing bio-resource collections to and from Russia. The article analyses bio-resource collection and its objects as the object of exporting and importing to and from Russia; considers the main legal regimes of exporting and importing bio-resource collections to and from Russia; defines further developments in the legislation on the exporting and importing bio-resource collections to and from Russia, and provides concrete proposals for improvement of the legislation. The article concludes that the level of development of legislation on the exporting and importing bio-resource collections to and from Russia is unacceptably low. To improve legislation in this sphere, the author suggests the establishment of the special legal regime of exporting and importing bio-resource collections on the level of Eurasian Economic Union, and the simplification of administrative procedures of exporting and importing bio-resource collections through forming the integrated “one-stop-shop” service.
Keywords: biological (bio-resource) collection; legal regulation in sphere of bio-resource collections; exporting bio-resource collections from Russia; importing bio-resource collections from Russia; Eurasian Economic Union.

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Mitskaya Elena

The article is devoted to the analysis of the legal regulation of mediation in criminal cases in Kazakhstan. Kazakhstan began to shift towards the use of alternative methods of criminal law conflicts in connection with the humanization of criminal policy. It was not so long ago. Since 2011, Kazakhstan has legislatively secured the possibility of using alternative methods for resolving conflicts in various spheres (family, civil, labor and other legal relationships). The consolidation of mediation in the legislation of the Republic of Kazakhstan occurred solely on the basis of studying the experience of other states. The nature of mediation was taken into account, and, first of all, its voluntariness, the independence in choosing the option of resolving a legal conflict. It is by virtue of this that the application of mediation became possible not only in civil-law conflicts, but also in criminal ones. While Kazakhstan’s practice of applying mediation into criminal cases has been developing relatively recently, it requires its improvement on a number of issues – training of mediators, procedural regulation, payment for mediator services, and others. Mediation entered the criminal procedural practice of application rather more ideologically with shortcomings of its clear procedural regulation. The number of civil cases considered by Kazakh courts using mediation significantly exceeds the number of criminal cases since 2011, when mediation was introduced. This fact attracts special attention and testifies the unpopularity of mediation as a mean of resolving criminal legal conflict among citizens. Under the new acting Criminal Code of the Republic of Kazakhstan, mediation has become one of the grounds for exemption from criminal liability. Based on the analysis of the current Kazakhstan’s legislation regulating the use of mediation in criminal cases, the shortcomings of this legislation have been identified, proposals for its improvement have been formulated, which can strengthen the protection of the rights of the victim, and expand the use of criminal mediation.
Keywords: alternative methods of conflict resolution; mediation; criminal legal conflict; criminal procedure legislation; criminal procedure; protection of rights of parties to mediation; criminal mediation; restorative justice.

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