18 (4)
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2018
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catalogue – 43669
RESEARCH
YEARBOOK
The Institute of Philosophy and Law.
The Urals Division
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Philosophy

PHILOSOPHICAL MEANING OF POST-NON-CLASSICAL WORLD PICTURE

Bryanik, Nadezda

Аbstract: The article considers the latest stage of the development of science – the postnon-classical science. The post-non-classical stage is connected with the revolutionary changes in the development of modern science, which began in the second half of the XX century. One criterion of the formation of a new stage is the scientific picture of the world. The appeal to a world scientific picture allows revealing the philosophical meaning of the radical change in the individual’s attitude towards the world. Recognition of the plurality of the world is combined with the synergetic ideas, which provide integrity of the post-non-classical picture of the world. The article considers the following principles as fundamental statements of the post-non-classical picture of the world: the systemic principle, which is connected with the research of dynamic systems with plasticity and inherent behavior; the principle of functioning, which is based on the idea of irreversibility and the evolution including self-organization, fluctuation and bifurcation mechanisms; the principle of determined chaos (as the new kind of causality), which is presented by mechanisms of mutual transition of chaos and order. The post-non-classical picture of the world includes the new concept of time. It is connected with the opening of internal time imprinted in the
middle age of the system condition. The most important statement concerning the world picture is the recognition of the universal information, as well as the anthropic principle. Living, as well as
social and humanitarian systems, becomes the initial model in the post-non-classical picture of the world. This fact defines fundamental role of the idea of self-organization in the post-non-classical science and explains its identification with the synergetic picture of the world.
Keywords: Classical/non-classical/post-non-classical science, dynamic systems, information, external/internal time, anthropic principle, deterministic chaos, self-organization.

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MODERN SCIENCE: REFLEXIVITY AND «LOCALIZATION»

Bakeeva Elena

Abstract: The article discusses the possibility of recreating the integrity of the meaning of the scientist's activity in the conditions of theoretical, methodological and value uncertainty. Successive
self-reflection is asserted as the main method of reinstatement of the notional integrity, which is carried out by the researcher individually. This process is characterized by paradoxical
regularity: the obtaining of the fullness of the meaning by the subject of the science is accompanied by limiting conditions of the applicability of scientific knowledge, or its «localization». The
revealing of the context of knowledge of some kind may have different «degree of reflexivity»: from clarification of inside scientific theoretical and methodological basis to pointing out the
fundamental existential problems, which are associated with the various phenomena of science. In the conditions of theoretical and ideological pluralism, this «degree of reflexivity» is not assigned for the researcher from outside, but is defined by himself (herself). In this context, the traditional picture of science as a tool of the expansion of human possibilities gets new interpretation. Thus, science is conceptualized not as a mean of mastering the outside (in rem) reality but as a factor, which contributes to the growth of internal (spiritual) human possibilities that are directly related to the ability of self-restraint.
Keywords: science, scientific rationality, essence, self-reflection, «localization».

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RUSSIAN ORTHODOXY IN CONTEMPORARY SOCIETY

Ryazanova, Svetlana

Abstract: The article is devoted to the peculiarities of the perception of the Orthodox doctrine and ritual in mass consciousness. Orthodoxy is considered not only as a component of domestic
culture, but also as a result of modernization of the social space. The restoration of legal and cultural status of Orthodoxy has not resulted in the restoration of its influence over the population
of the country, despite the claim for spiritual monopoly. Constantly interacting with mythological and secular factors of culture, Orthodoxy adapts itself for changing social conditions and
is developed as multilevel and multiple religious system. Orthodoxy forcedly turns into the religion of the individual, which is reduced to convenient forms and is taken out from the public sphere. Only formalities of traditional ritual practice are fixed in the public space. The article analyses the main mythologemes, which arise because of the orthodox way of living. Orthodoxy
appears as one possible way of self-identification of the individual, having weak communications with religious consciousness. The patterns of the transformation of the religious doctrine in the ordinary consciousness, which are reduced to the designing of mythologemes with formally religious plot, the archetypical basis and secular functions are marked out.
Keywords: myth, religion, culture, Orthodoxy, ordinary consciousness.

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ONTOLOGICAL MEANING OF CONCEPT OF CHRONOTOPE IN PHILOSOPHICAL IDEAS OF ALEXEI UKHTOMSKY AND MIKHAIL BAKHTIN

Politov Andrei

Abstract: The article examines theoretical provisions on the chronotope made by the wellknown Russian philosopher of the first half of the twentieth century Alexei Ukhtomsky. Chronotope is one of the most promising concepts in modern humanities and philosophy. The concept became famous due to the works of the outstanding Russian philosopher Mikhail Bakhtin. According to the opinion of Ukhtomsky, chronotope is the wholeness of space and time. The idea of the chronotopical world was borrowed from the concept of space-time continuum in quantum mechanics and relativity theory. The main thesis of the article is that the concept of chronotope has ontological value that could be revealed through the interpretation of the
chronotope as spatio-temporal integrity of material things. According to the author, the possibility of such ontological interpretation is based on the fact that the essence of the chronotope coincides with the essence of things as it is understood by the classic European metaphysics: thing is primarily a wholeness, the unity of all its properties. In addition, the ontological interpretation of the chronotope is based on the meaning given to this concept by M. Bakhtin. In his works, the chronotope expresses a separate world of the storyline of the novel with its own unique characteristics, which distinguish it from the outside world. In the Western and Russian philosophical tradition, we find a prerequisite for the ontological interpretation of the concept of chronotope where it refers to the existential-semantic integrity of things, and the thing is revealed as the chronotope.
Keywords: chronotope, Uhtomsky, Bakhtin, ontological interpretation, Russian philosophy, ontology, semantic world.

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Political science

POLITICAL MEDIA DISCOURSE AND MEDIATIZATION OF POLITICS AS CONCEPT OF POLITICAL COMMUNICATIVISTICS

Rusakova, Olga , Gribovod Ekaterina

Abstract: The article analyzes the concept sphere of political communicativistics as a branch of political science. Special attention is paid to such concepts as “political media discourse”
and “the mediatization of politics”. Political media discourse is treated as a resource of power operating in communicative media-political environment and generating virtual political
products. The authors examine the main features of the news media discourse, the discourse of modern information warfare and isolated features and forms of political fake-discourse. According
to the authors, the concept of mediatization of politics contains wide range of semantic designations of the process. Their intention is to remove the real political life into the symbolic space
of the media. The analysis of the concept of mediatization of politics is made through the consideration of such concepts as “smart mob”, “soft power”, “network technology”, “social networking”.
The authors insist that social networks are part of media space where the nonviolent, “soft” mechanisms of influence over the political mood of the masses are formed and efficiently operate,
and the process of programming systems of value orientations of the general population takes place. It is noted that presently network technologies becomes a tool of forming a new political
subject and is a driving force of social and other revolutions.
Keywords: political communicativistics; concept sphere; political media discourse; mediatization of politics; fake-discourse; smart mob; soft power; social network; network technology.

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GOVERNMENT IMPLEMENTATION AS PROCESS OF SOCIAL ADOPTION OF TECHNOLOGY (Case of Public Health computerization in Sverdlovsk region)

Dyakova, Elena

Abstract: The article describes the process of social adoption of informational Technology using the example of the health care system in the Sverdlovsk region. The article is based on the
results of qualitative social research with the participation of the staff of regional health institutions and developers of medical information systems (employees of the Medical Information and Analytical Center of Sverdlovsk region). The author analyzes the causes of organizational resistance to the introduction and use of medical information systems (MIS). The author pays special
attention to the attitude of employees of health institutions towards the formation of a Unified State Health Information System (EGISZ) and electronic appointment system. The author shows
the lack of effective communication between medical professionals and MIS developers. Developers think that they know better what physicians need. They are convinced that physicians have
to accept the proposed solutions regardless of their wishes. The tendency to ignore the causes of organizational resistance of health care workers is one of the most important factors contributing to the low efficiency of MIS.
Keywords: social adoption of technology, health care computerization, Unified State Health Information System, main actors, organizational resistance.

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POLITICAL AND PSYCHOLOGICAL ASPECTS OF REPRODUCTION OF CORRUPTION

Fan, Irina

Abstract: The theme of this article is political and psychological, institutional (situational) and value (mental, subjective) factors, conditions and mechanisms of reproduction of corruption
in today’s Russia. The negative impact of corruption – the criminalization of the state and society, unfair redistribution of public goods, social polarization and social tensions, etc. – are described.
Sociological studies show that corruption in Russia has become an informal but stable social and political institute. Political psychology allows to combine theoretical and practical approaches of
the individual (e.g., psychoanalytical) and social psychology in the study of corruption as a phenomenon associated with public relations and public administration. The article investigates
the formation of formal and informal social norms in social groups and social stereotypes. The psychological conformity or pressure, of group norms over the individual, and the importance of
socialization in the family in order to distinguish between private and public life of the individual is observed. One of the social causes of corruption is the lack of values and trust agreement, the
fragmentation of the society into groups of “us” and “them” according to different criteria. This result is “double standard” assessment of similar actions based on membership in a particular
group. The conventionalism of mass perceptions of corruption among “owns” as a social norm is a matter of concern. The article provides general anti-corruption approaches.
Keywords: policy, corruption, conformity, social stereotype, social group, social norm, public sphere, privacy, psychoanalysis, political and legal culture.

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Law

ROLE OF REGIONAL CONSTITUTIONAL JUSTICE IN IMPLEMENTING THE RULE OF LAW

Demidov Victor

Abstract: The article considers the bodies of constitutional justice that operate in Russia at the level of the subjects of Federation in terms of their contribution to the implementing the rule of
law. The Constitutional (Charter) Courts of the subjects of the Russian Federation are noted to have significant potential to strengthen the democratic rule-of-law state, especially in such areas as ensuring the supremacy of constitutional rules, the protecting the foundations of constitutional order, and respecting the fundamental human rights and freedoms. Activities of regional bodies of the constitutional (charter) justice allow to ensure the unity of federal and regional standards of the rule of law, provide additional safeguards to protect the constitutional rights and freedoms of citizens and their associations. This section of the unified judicial system of the Russian Federation verifies the constitutionality of regional and municipal regulations, implements the legal positions of the Constitutional Court of Russian Federation and rules of international law in its decisions. Establishing the constitutional (charter) court the region creates a complete system of bodies of state power of the subject of Federation based on the principle of separation of powers and in the framework of those model of checks and balances, which is realized at the federal level of state power. The article concludes the activities of constitutional (charter) courts of the subjects of the Russian Federation objectively contribute to improve the existing legal regulation within the framework of constitutional (charter) rules.
Keywords: rule-of-law state, constitutional justice, constitutional (charter) courts of the subjects of the Russian Federation, rights and freedoms of individuals and citizens, supremacy of law, federalism, separation of powers.

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ATTRIBUTING PROPERTY TO THE IMMOVABLE ONE IN THE RUSSIAN LAW: CRITERIA AND FEATURES OF REAL ESTATE

Shemetova Natalia

Abstract: The article is devoted to the types of property attributable to immovable one according to the legislation of the Russian Federation, and to factual and recognized by the Russian laws characteristics of real estate. The author distinguishes the criteria of attributing property to the immovable one and features of the real estate. The article examines the nature of the rights to the constructions in the Soviet legislation and determines two independent (horizontal) rights: the right of the landowner and the right to objects on the ground. The existence of structures with limited property rights, which are “adjoined” to the right of property according to the scope of powers, is noted in opposition to the classical principle of private law: “Should be located on the
surface of the earth”, or so-called “vertical” right of the ownership of the land. The author particularly examines the essence of the criteria of attributing property to the immovable one and the legal “content” of the criteria. At the same time, the author uses philosophical categories of form and content in the analysis of the legal nature of state registration of the immovable property right and immovable property transactions, as well as reveals the ratio of the terms “transaction form” and “the state registration of the immovable property rights and the immovable property transactions”. In particular, the author addresses the problem of restrictions of the immovable property rights in Russia according to subjective composition of owners (applicants for the emergence of the right).
Keywords: real estate; immovable property, land, soil, subsoil, continental shelf, object, surface, registration, state registration of the immovable property rights, legal regime, criteria, feature, property rights structure, things, physicality.

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PLACE OF CONSTITUTIONAL RIGHT TO APPEAL IN THE SYSTEM OF HUMAN RIGHTS AND FREEDOMS

Savos'kin Alexander

Abstract: The article is devoted to the elucidation of the place of the constitutional right to appeal as a subjective human right. First, the article deals with the disclosure of general theoretical issues of the concept and content of subjective rights, as well as with the adaptation of the studied categories to the phenomenon of citizen’s applications. In particular, the existence of two similar but not overlapping subjective rights is revealed: the first one is the constitutional right to appeal, the second – general civil right to appeal (not based on Art. 33 of the Constitution of the Russian Federation). The features of the constitutional right to appeal are specially identified and analyzed. The main part of the article is devoted to the most common classifications of human rights and freedoms and, accordingly, to the place of the constitutional right to appeal. The article analyses seven most common classifications of the place of the constitutional right to appeal. The research allows to assert that the constitutional right to appeal is a) positive right, which implementation depends entirely on the regulatory activities of the established order and the authorities; b) the right of human being regardless of his (her) nationality; c) the individual right because it guarantees the possibility of expression of will to every citizen; d) the right of the first generation of rights; i) the relative right, that is, according to part. 3 Article 56 of the Constitution of the Russian Federation, may be limited (that seems incorrect); f) the procedural right because it ensures the implementation of substantive rights or guarantees the possibility of procedural protection. The analysis of the place of the right to appeal within the classification according to the areas of life (which is traditional in the constitutional right of Russia) proves that it can not be attributed to the pure form of personal, political, socio-economic, or cultural rights, and should be considered as mandatory prerequisite of the realization of most of them.
Keywords: citizen’s appeal; subjective right; system of rights and freedoms; constitutional right, right to appeal, classification of rights and freedoms.

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