21 (2)
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2021
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catalogue – 43669
ANTINOMIES
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)

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Law

Non-Classic Legal Thought in the Post-Soviet Space

Stovba, Alexey
The following article is about the main trends of understanding of law in the former Soviet Union. These trends are the so-called “classical” and “non-classical” (“post-classical”) understanding of law; both find itself in the mutual debates between one another. At the same time, non-classical legal philosophy in the former Soviet Union doesn’t take the ideas from the Western thought uncritically, but tries to elaborate its own view on the legal field. The specificity of that view may be characterized by the concept of “dynamic understanding of law”. The similar concept is the common title for the wide range of the doctrines, which were elaborated in Russia, Ukraine and Belorussia on the edge of the centuries. These are, for example, phenomenological-communicative approach of A. V. Polyakov, doctrine of the legal dialogue of I. L. Chestnov, temporal-ontological philosophy of law (A. V. Stovba), the conception of legal reality (S. I. Maksymov) and so on. It’s worth to stress that all the abovementioned legal doctrines are independent from one another and original. But at the same time, they have common features, which allow us to significate it under the common title “dynamic understanding of law”. The similar features are the following: negative position towards the reification of law; towards the attempts to consider law in the frame of subject-object relations; towards the representation of law as the static, continual “Ought”, which regulates its object – “Is” – from the “secure” transcendental distance. Instead, the abovementioned legal philosophers propose to consider law as dynamic (discrete and reproduced) in its core, which originally has social roots and character. At the same time, despite the originality of the similar views to the law, we can find its historical parallels in the national legal discourse, as well in the foreign legal philosophy. The conclusion is made that the dynamic understanding of law is the adequate conceptual approach to the general reasoning of the legal essence.
Keywords: classic understanding of law, non-classic understamding of law, dynamic understanding of law, legal being, reproduction of law. 
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The Fight of Operational Divisions of the Donbass Militia against Vicious Nonpayers of Alimony in 1940–1950s

Groshevaya, Victoria
The article provides a comprehensive study of the organization of the work of the Donbass militia operational units in the fight against malicious defaulters of alimony in 1940–50s. Based on the analysis of the research sources, as well as regulatory legal acts and archival materials, an unambiguous conclusion was made that the period under study was a peak in the formation of that direction of investigative work. The author made an attempt to cover in more detail the issues of bringing to justice persons who evade paying alimony for the maintenance of children, in accordance with the legislation in force at that time in terms of the social and legal status of the father in the Soviet family, taking into account the position of Soviet paternity through the prism of the family policy of the state and the party. Particular attention is paid to the organization of management in the Internal Affairs Directorate of the implementation of law enforcement activities in terms of the local and federal search for malicious alimony. In addition, the article reflects the importance of considering the history of the organization of that work for the present.
Keywords: alimony; evasion of payment; malicious defaulter; search; operational units; police; Donbass
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Protected Areas: From Conservation to Development

Roy, Oleg
The establishment and management of protected areas receives increasing attention worldwide. The article presents an analysis of the regulating practice of protected areas. Summarizing the experience of European countries and the United States, the author identifies the features of the legal regulation of protected areas in Russia, as well as trends in the formation and reproduction of these territories, which characterizes the current stage of development, and formulates problems arising within the framework of these trends. In addition, he identifies the basic functions of protected areas – compensatory  and recreational – and concludes that currently these functions are unbalanced in the practice of regulating the system of protected areas. Considering the development of protected areas as one of the ways to enhance the role of ecological tourism in Russia, the author demonstrates a disbalance of budgetary support between natural complexes with a compensatory function, on the one hand, and recreational, on the other. The article emphasizes that a sharp increase in funding for the improvement processes by budget line item of national project can have negative affect over the reproductive mechanisms of the development of the natural environment. The article attempts to apply the techniques of modelling into the management of protected areas in the cities.
 Keywords: protected areas; ecological capacity of the territory; anthropogenic pressure; improvement of public areas; landscaping; ecological tourism.
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