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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)


Cherepanova Tatiana

Institute of Social and Political Studies, Ural Federal University named after B.N. Yelzin, Ekaterinburg, E-mail: tat.cherepanova@mail.ru

Publications in yearbook
On Border of Private and Public: Social Reflection in Media Space

The article is devoted to the exploration of social reflection in the media space. The question about borders of socially meaningful discourse, which produces publicly essential conditions for social reflections is raised. Basic dichotomy of private and public in the frame of new media-format and the status of public talk in modern forms of mass communication is analyzed. The article describes both classic philosophical conceptions of private and public (H. Arendt), of  public sphere (J. Habermas), of individual and public (Z. Baumann), of the phenomenon of talk (M. Heidegger) and contemporary studies of communication in media space (N. Luhmann, M. Castells, N. Bolz, R. Sennett, etc.). The purpose of the article is to argue that classic models of publicity do not make sense in contemporary forms of social reflection. However, more importantly is that the new forms of social reflections can be represented only in a random discussion without connotation. Consumer continues to be the subject of media space, but not the creator of socially important ideas.

Keywords: communication, discussion, media space, private and public, social reflection.

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Chernykh Aleksandr

Perm Division, Institute of History and Archaeology, Ural Branch of Russian Academy of Sciences, Perm, E-mail: atschernych@yandex.ru

Publications in yearbook
Migration of Muslims as Factor of Confessional Situation in Region (Based on Example of Ural-Volga Region)

The article considers main tendencies of confessional situation in the regions of the Russian Federation, which result from migration of ethnic Muslims. The analysis is based on the field research, which was carried out in Perm Krai. The authors define major factors, which influence migration processes; the regions, which deliver migrants; the ways newcomers use to gain their own niche in new socio-cultural space; the strategy of social behavior. The most significant aspects of changes in religious behavior and cult practice of local believers are highlighted. The potential of innovations and their introduction to local population and traditional culture is specified. The ways of adaptation of newcomers to public life are defined, such as: informing the community, interfaith activities, organization of psychological support service for migrants.

Keywords: migratory processes, Islam, Muslims, interaction of cultures.

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Chikhladze Lewan

RUDN University, Moscow, Russia E-mail: levanbook@gmail.com

Publications in yearbook
Local Self-Government in Legal Positions of the Constitutional Court of the Russian Federation and its Judges in the Context of Constitutional Reform 2020
The 1993 Constitution of the Russian Federation laid down new trends in the development of local self-government. The Constitutional Court plays an important role in protecting the constitutional right to exercise local self-government, in the formation and transformation of the Russian model of local self-government. The article discusses some of the legal positions of the Constitutional Court of the Russian Federation, which were based on the norms of the Constitution of the Russian Federation until the 2020 amendments. It is shown that the decisions in many cases that were considered by the Constitutional Court and touched upon various problems of local self-government used discussion among judges, which is reflected in a number of opinions and dissenting opinions. In the Opinion of the Constitutional Court of the Russian Federation of March 16, 2020 No. 1-Z, the Constitutional Court concluded that the amendments to the Constitution are consistent with chapters 1, 2 and 9 of the Constitution. However, the article  shows that the amendments to the Constitution continue the tendency to centralize not only the state, but the entire system of public authority in Russia. A number of amendments to the Constitution emasculate many of the legal positions previously formulated by the Constitutional Court of the Russian Federation. Accordingly, the constitutional foundations of the Russian model of local self-government will undergo significant changes. So far, one can only predict how this will affect the change in the legal positions of the Constitutional Court of the Russian Federation.
Keywords: Constitution of the Russian Federation; Law on Amendments to the Constitution; local self-government; legal positions of the Constitutional Court; dissenting opinions of judges of the Constitutional Court; territorial settlement principle; formation of local self-government bodies
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Economic Sovereignty of a State: Value, Challenges, Legal Mechanisms for Protection
Sovereignty is seen as one of the hallmarks of a state, however globalization and integration processes challenge state sovereignty. First of all, they challenge the economic component of state sovereignty – the so-called economic sovereignty. Many states, while de jure sovereign, do not have full sovereignty de facto. This problem is also relevant for Russia: it remains highly dependent on imports of high-tech products, on foreign components, foreign standards, foreign software products and payment systems. Although measures to address these problems were proclaimed, their effectiveness is doubtful. It seems that the ongoing financial and economic policy and some changes in Russian legislation (in particular, tax legislation) don’t contribute to genuine import substitution. Moreover they create difficulties for it. Of course, political scientists, economists and philosophers argue whether the value of state sovereignty is preserved in the modern world. But for lawyers the answer is obvious: sovereignty is one of the key principles of both international law and the constitutional law of most states. However, lawyers sometimes “do not notice” the threats to sovereignty, believing that sovereignty is a formal concept, not an actual one. According to many lawyers, the transfer of the powers of the state to supranational unions is not a limitation of sovereignty. It seems that such an approach only camouflages the problem, and does not contribute to its solution. Moreover, foreign experience indicates the possibility of using different terminology (“transfer of powers”, “transfer of sovereign rights”, “restriction of sovereignty”, etc.) for similar phenomena. The article draws attention to some of the threats to economic sovereignty that Russia has faced, and which are associated with public debt, various international obligations. New sanctions in connection with a change in the geopolitical situation in 2022 actualize this issue: dependence on imports of critically important products, on foreign software; disconnection Russia from the SWIFT system; termination of Visa and Mastercard payment systems in Russia; freezing of Russian reserves, etc. The authors of the article conclude that although one of the arguments in favor of the constitutional reform of 2020 was the protection of state sovereignty, a number of problems in this part remain unresolved. No constitutional restrictions on external borrowing have been introduced. Complicated procedures for the conclusion of those international agreements that may lead to limitation of the economic sovereignty of the state have not been established; other mechanisms for ensuring state sovereignty, which have already been tested in foreign experience, have not been used. Therefore, the relevance of further constitutional reform in terms of ensuring economic sovereignty remains 
Keywords: sovereignty; economic sovereignty; globalization; integration; import substitution; constitutional reform 2020; provisional application of international treaties
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