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2024
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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)

Archive

— showed 10 articles from42

Political science

Role of Ethnic Factor in Election Campaign of Deputies of Russian State Duma (Sixth Convocation)

Vorontsov Vladimir

Ethno-political situation on the eve of elections to the Russian State Duma, and measures undertaken by the country leaders to neutralize radical nationalist manifestations are considered. The results of the election campaign to the new Russian Duma are analyzed, the peculiarities of the electoral preferences of population of national regions of the Russian Federation are revealed. The author makes assumption about the initial stage of ethno-political mobilization of Russian population and about turning of the «Russian factor» into independent political force.

Keywords: elections, the ethnic factor, the politicization of ethnicity, ethno-political mobilization, inter-ethnic tensions.

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Role of Youth in Ethnic-political Life of Udmurt Republic

Pozdeev Igor

The article considers features of political culture of students of the Udmurt Republic, their involvement in social-political life in the region, as well as participation in protest movement. The author concludes that social activity of student youth of Udmurtia is aimed at a dialogue with state authorities in order to defend their interests through legal procedures. The majority of youth does not intend to take part in rallies and demonstrations, strikes and protest actions. There is rather high level of tolerance in youth environment in relation to representatives of other cultures, due to experience of inter-ethnic coexistence in the region, which is elaborated through centuries. 

Keywords: students, sociological research, inter-ethnic relations, social activity.

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Humanitarian Institute in National Region: between Ethnos and Krathos

Zagrebin Alexey

The article is devoted to the history of relationship between the community of humanitarians and regional authorities on the example of Udmurt Institute of History, Language and Literature. Since 1920s, the process of national-state construction among Finno-Ugric peoples of Russia was in need of scientific foundation of the legislation and administrative decisions. Questions related to management, determination of boundaries of the autonomies, language policy and relationships between various groups of population became the sphere of activities of historians, ethnographers, folklorists and linguists. In many autonomic republics scientific-research institutes were founded, which were called to facilitate the construction of «socialist culture». Due to cooperation of science and policy, the researchers were supposed to search for a delicate balance between practices that reflect mosaic picture of native life, and biased texts of official reports. The inclusion of the Institute into academic infrastructure liberated scientists from many bureaucratic conventions, at the same time preserving  a number of rituals and directions of activity, which link the Institute with local authorities.

Keywords: humanitarian research, Udmurtia, authority, Academy of Sciences

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Law

Regional Law and Legislation in Russia: Basic Theoretical and Legal Qualities

Kazantsev Mikhail

The article describes characteristics and composition of the law. The definition of regional legislation is given. Additional arguments in favor of understanding the law as a set of regulations, not just laws, are provided. For the first time in jurisprudence, the classification of laws depending on their nature is proposed. Within this classification, laws are divided into primary legislation (including perpetual laws, emergency laws, operational law), and secondary legislation (including laws on establishment, modification and repeal laws, laws of suspension, renewal or extension of laws). The definition of regional lawmaking is given; its principles are revealed. The definition of law-making bodies of the Russian Federation, and their classification is proposed. The location of regional legislation in the legal system of the Russian Federation is shown. The relation between regional and federal legislation is considered.

Keywords: regional law, regional law-making, primary law, secondary law, permanent law, emergency law, operational law, principles of law-making, subject of law-making, law-making body.

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Federation Council of the Federal Assembly of Russia: Srtategy of Reform and its Legal Provisions

Filippova Natalya

The article presents a version of the answer to the question about purposes and prospects of a new stage of reforming the Federation Council, which has begun in 2012. Contrary to the conventional point of view, the article proves that reform will not be productive, because its purposes are erroneous. They are formulated without taking into consideration the peculiarities of the legal maintenance of representation of subjects of the Federation in cooperative federations; they do not correspond to the content of the reform of the federal relations carried out in Russia, and they partly contradict the Constitution of the Russian Federation. Myths inherent to the Russian sense of justice become a basis of reform. The author concludes that strategic objective of reforming the Federation Council is the extension of its authorities, but not transition to the elective model of its formation. 

Keywords: federation, subject of the Federation, representation of subjects of Federation, democracy, republic, delegation, elections, bicameralism.

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Genesis of Legislative Consolodation of Principle and Regime of Legality in Activities of State Administration in Russia (17th - early 20th centuries)

Kodan Sergey

The article is devoted to the definition of the principle of legality in the policy of Russian authorities as the basis for activities of state administration. This principle is analyzed within framework of positive law and legislation of 17th – early 20th centuries. The author de- scribes the genesis of legislative consolidation of the principle of legality, as well as the develop- ment of legalistic mechanisms in the activities of state apparatus. It is argued that by the middle 17th century, authorities had recognized the need to ensure legality and had started to embody this principle into public consciousness of Russian state. By the beginning of the 20th century, the principle and regime of legality had become characteristic feature of the policy of Russian authorities, and had obtained legislative status.  Keywords: history of state and law, state authority, state administration, law, legality, legal order, systematization of legislation. 

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Public Councils in System of Investigative Committee of Russian Federation

Emikh Valentina

The article analyses the order of establishing Public Councils in the system of the Investigative Committee of the Russian Federation, and forming their panels; their functional destination; their rights and duties; forms of cooperation between Public Councils and the Investi- gative Committee of the Russian Federation, and other state bodies; legal validity of their solutions; the order of organization of their activity, taking into account the legal regulation of the social organs activity in foreign countries. Besides generally positive appreciation of Public Council’s activity in the system of Investigative Committee of the Russian Federation, the author pays great attention to further development of the regulation of legal status of the appropriate Public Councils.

Keywords:  Public Council, Investigative Committee of the Russian Federation, participation of citizens in realization of state power, legal status of Public Council.

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Strengthening of Unity of State Power by President of Russia in Process of Reforming Federal System

Bezrukov, Andrey

The author examines main stages of strengthening of the unity of state power, which is characterized by the key role of the President of Russia in its implementation. The author compares principles of federalism, unity of state power system, and separation of powers. The conclusion is made that principle of unity of state power and principle of separation of powers does not contradict each other. The article observes main areas of implementation of presidential powers, and describes his role in strengthening the unity of state power in process of reforming federal system. Based on the analysis of legislation and legal positions of Constitutional Court of the Russian Federation, the author demonstrates the scope of competencies of the head of the state. The author concludes that concentration of authority and expansion of presidential powers does not always meet constitutional principles of federalism and separation of powers. As a result, it does not allow to achieve appropriate balance between legislative, executive and judicial powers, on one side, and federal and regional authorities, on the other. The suggestion is made to enshrine the comprehensive list of presidential powers in legislation, and at the same time, to conduct federal reforms in strict accordance with the Constitution of the Russian Federation and with the goal of building democratic federal state governed by the rule of law.  

Keywords: President of the Russian Federation, division of powers, unity of state power, federal transformation, legal positions of Constitutional Court of Russia.

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Correlation Between Federal and Ragional Form of State Structure: Problems and Solutions

Leksin Ivan

The article deals with some unexplored legal issues of theory and practice of territorial organization of the state. The author reconsiders traditional approach to the definition of federal and regional states (which implies such inductive features, as regional symmetry or asymmetry, as characteristics of federal or regional state in general). In order to distinguish between notions, the author draws direct attention to the conceptual quality of federation, regarding practical features of specific political systems solely as means ensuring this quality. The results of the research allow evaluating contemporary Russia as regional, but not federal state.

Keywords: territorial structure of state, federal state, regional state, constituent unit of federation, territorial entity, autonomy.

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Forensic Linguistic Examination: Definition of Range of Issues in Cases of Extremism

Voroshilova Maria , Karapetyan Arthur

Problems of defining extremism (extremist activity) in legal and scientific practice are discussed, peculiarities of this concept in Russian linguistic consciousness are described. Based on the results, possible questions are specified, which can be used in judicial linguistic expertise in cases of extremism; signs of information, which stimulates national, race or religious hostility are singled out. In conclusion, the necessity of correction of the definition of "extremism", as well as expansion of the list of questions solved within the frameworks of judicial expertise and increase of the number of experts is proved. 

Keywords: extremism, extremist activity, forensic linguistic examination, inciting information. 

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