21 (1)
Free subscription at
the electronic version of journal
Subscription index
in the Russian Post
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)


Gagarin, Anatoly

Doctor of Philosophy, Associate Professor, Leading Researcher, Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg.  

E-mail:  Gagarinanatoly@gmail.com

Publications in yearbook
Loneliness as Existentiale of Ancient Philosophy (from Hesiod to Aristotle)

The article examines the ancient roots of Homo Solus, a lonely man. First, antique Homo Solus manifested himself in the form of negative loneliness, the isolation of a person who feels lonely being flawed from his own self, which did not allow him to be inside the life of the policy. Such person was either a "bad man", the marginal excluded from the society, or, as king Oedipus, was manly passive antique tragic figure, a loner entering a dangerous path of self-reflection. The second was sublimely positive loneliness, the solitude: it was Homo Solus as the sage, aspiring to achieve identity with higher powers (deities, the goodness), chatting with the essential otherness inside the self. Based on the principle of the "golden mean" and "the measure of everything", ancient Greek sage did not put himself in the center of the universe. He did not identify himself (the I) with the divine, the essence. The intention toward the "golden mean" refers to the consolidation in the phenomenological philosophical topic the ideal of contemplative spiritual dispassionate identification with a perfect entity. The specificity and charm of antique model of the loneliness lies in the following fact: regardless of the opinion of the crowd, a man looking for wisdom is (by virtue of this philosophical intention) oriented toward the "measure of everything". He is located in the middle of everything, in the center of the universe and space (but as in spite of the subjective will of the philosopher, without desire, without passion). The sage is a man who strives toward loneliness and, at the same time, deviates from loneliness. A person becoming an intentional point of self-consciousness has looked into his soul as in a mirror, especially in its divine part, which contains the wisdom as the dignity of the soul.

Keywords: loneliness, phenomenological topic, existential of human being, friendship, wisdom, sage, Ancient philosophy, Hesiod, Oedipus, Democritus, Heraclitus, Socrates, Plato, Aristotle, Nietzsche.

Download article TPL_IPL_ARTICLE_PDF

The paper continues the investigation of ancient Homo Solus, a Lonely Man. In addition to the negative loneliness and isolation, philosophy in the period of classical antiquity ex-plores human ideal of ancient philosophy – the sage included into socio-political processes, as well as strived towards complete or partial lifetime identification with Focus wisdom (like deities Boon, the One ), and secluded. Homo Solus is the sage who aspires to achieve identity with God (some-times reaches it in mystical ecstasy), who chats with the “self”, rather, with the divine zone (level) inside the I. In ancient philosophy, the sage is the only type of person who reaches positive correlation with existential loneliness of human existence, who is self-sufficient in his own wisdom, who possess inner freedom, which is given through the process of identification with God (Good), in revealing divine relationship with the transcendent. Loneliness as existentiale “is granted” to the person, firstly, if he is the sage, secondly, if the wise man meets the loneliness “stoically” (in broad terms), and has inner freedom, which is given through the process of identification with God (Good), in revealing the divine relationship with the transcendent. Sage is the only type of person who obtains positive correlation with the loneliness as the existentiale of human being. He is a man who is self-sufficient in his own wisdom, but does not oppose himself to the world (cosmos), who is ataraksic, apathetic, evtyumic, evpatic, autarkic, ascetic but not unhuman; who is drawn towards some welcome center but does not became such a center by himself; who limits himself but is not closed; who is separated from the crowd and secluded but not isolated from society and not aban-doned.

Keywords: loneliness, phenomenological topic, existentiale of human being, Ancient philosophy, Stoics, Cynics, Epicurus, Seneca, Epictetus, Marcus Aurelius, Plotinus.

Download article TPL_IPL_ARTICLE_PDF
Loneliness as Existentiale of Medieval Philosophy

The concept of loneliness is regarded as the existentiale, which concentrates the problem of the meaning of life in the phenomenological aspect of the topics – in the “place” of I, surrounded by personal boundaries. Existential "loneliness" helps to understand authentic «I», to identify and organize essential value conditions of the self. The Medieval concept of loneliness reinterprets the experience of the ancient philosophical understanding of existential problems of loneliness and of the Old Testament in its relation to loneliness. Christianity puts on the first place the unique experience of Lonely God-Man – Jesus Christ, who pointed out the way to overcome loneliness, fear and death by the price of his own tragic experience. Each person who a priori looks for the answers to the "eternal" existential questions and comes to the discovery of Divine Truth, is proposed to follow his example and build the life from birth to death under the sign of religious experience of loneliness.
Keywords: loneliness, рhenomenological topics of Medieval man, existence, existentiale of human being, intention, identity, self, the meaning of life, wisdom, Wiseman, loneliness, death, fear, Medieval Philosophy, Augustine Aurelius, Abelard, Thomas a Kempis.

Download article Word
Phenomenological Topic: Meaning-of-life Space Existentials of Human Life

The concept of phenomenological topic is considered as meaning-of-life space of human understanding of self-essence (Ich-selbst) in the modus of existentials, and as identification field for existential intention toward transcendence.

Keywords: phenomenological topic, existence, existentials of human being, existential, existential ontology, intention, transcendence, phenomenological topic of antique man.

Download article TPL_IPL_ARTICLE_PDF
The problem of Intentionality in Philosophical Anthropology

The article considers the concept of intention in historic-philosophical tradition and its contemporary variations: from medieval scholasticism (Thomas Aquinas, W. Okkam), and phenomenology (F. Brentano, E. Husserl) to philosophy of F. Nietzsche, M. Scheler, M. Heidegger, K. Jaspers.

Keywords: intention, intentionality, phenomenological topic, transcendence, existence.


Download article TPL_IPL_ARTICLE_PDF

Gans, Eduard

Publications in yearbook

Abstract: The introduction written in 1823 contains important methodological fundamentals of E. Gans’ multi-volume work “The Law of Inheritance in a World-History Perspective. Treatise on Universal Legal History”. In opposition to the Historical School of Jurisprudence and its founder F. Savigny, the author takes a philosophical stance. Although Gans underlines positive, cohesive role of this school for different authors of various sources, and especially mentions outstanding dogmatic and historical works of followers of the school, he marks that this school is characterized by the lack of proper attention to legislation activity and law as profession, as well as by the cult of external side. The author argues against rejection of the universal history of law, which is typical for the followers of this school. As a Hegelian, he denies the givenness of law; in his opinion, the law itself is a product of Reason. Based on this presupposition, he decidedly differs between Rechtskunde, Rechtsgelehrsamkeit, and legal science. He concludes about the necessity of the universal character of the history of law because it includes the totality of developing the concept of law in the course of time; consequently, no exclusive importance should be given to any law in respect to other law. In addition, the author explains the structure of his work giving special importance to the Roman law, and determining Rome as a key point in the entire universal history of law.

Keywords: universal history of law, legal science, Savigny, Historical School of Jurisprudence, Hegel, positive law.

Download article TPL_IPL_ARTICLE_PDF

Gapontsev, Igor

Post-graduate student, Institute of Philosophy and Law, the Ural Branch of Russian Academy of Sciences, Ekaterinburg.

E-mail: gil5584@yandex.ru

Publications in yearbook
The XX Century as a "Bifurcation Point" of Historical System of Capitalism (the Critical Analysis of the World-System Views on the History of XX Century)

The article represents the critical analysis of the world-system views on the history of XX century. It is supposed that the type of internal structure and, accordingly, the model of development of social systems depend on the degree of deficiency as a process of gradual transformation of market world-economy into the model of self-organizing.

Keywords: bifurcation point, world-system analysis, world-system, world-economy, model of development, system, environment, resources, resource deficiency, redistribution, market, democracy.

Download article TPL_IPL_ARTICLE_PDF

Garreta Guillaume

Attaché for Academic Cooperation, Embassy of France in the Russian Federation

E-mail: garreta@univ-paris1.fr

Publications in yearbook

Abstract: Are we condemned to the sterile dichotomy between ethical reason and instrumental reason, and to the alternative of their (impossible) cooperation or their (conflicting) subordination? In the theory of knowledge as philosophy of action, the pragmatist school, while remaining faithful to the experimental spirit of modernity, fundamentally challenges the relevance, necessity or even the reality of such a distinction. First, the article proposes a short description of the pragmatist attitude in philosophy, and then it specifies how John Dewey meant to consider the conduct and the intelligent conduct in particular in terms of situational inquiry by tracing the outlines of a pragmatist conception of rationality. The third section considers the objection of moral relativism often made against theories of rationality, thus questioning the idea of transcendent foundation and origin of evaluating standards of actions. Finally, the theory of the inquiry and the outline of a pragmatist ethics are put in use in a fourth section to clear the nature and certain conditions of the emergence of “publics”, sociopolitical bodies needed to control democratic orientations and decisions in contemporary societies.

Keywords: Dewey, pragmatism, situation, inquiry, rationality as situational inquiry, pragmatist ethics, reflexive publics.

Download article TPL_IPL_ARTICLE_PDF

Gasparyan, Diana

Candidate of Philosophy, Associate Professor, School
of Philosophy, Department of Humanities; Senior Researcher, Laboratory of
Transcendental Philosophy, National Research University Higher School of Economics,
Moscow. Russia. E-mail: anaid6@yandex.ru

Publications in yearbook

Abstract. The outstanding feature of M. Mamardashvili`s approach to philosophy is his skill of the oral performance. This should not come as a surprise, considering the importance of the concept of consciousness in his philosophical conversations. The very notion of “talking about consciousness” is problematic. This phrase makes no sense, since one cannot speak about consciousness. Contrary to various naturalistic approaches, consciousness is not “something”. However, how does the process of cognition works? Misguided by the ambiguity of the concept, one may consider the consciousness as the transparent medium, which one may not notice being fascinated by the things. Then, as an afterthought, one may try to think about it as an object. Nevertheless, consciousness is never an object, and it does not appear to us at all, although it allows things and the world to exist. The intention of modern philosophical tradition is to convey this intuition. Mamardashvili’s philosophical method where the method of performance presentation is never just a formality, can be regarded as special kind of transcendentalism, which develops essential concepts to supplement this philosophical tradition.
Keywords: Merab Mamardashvili’s philosophy; consciousness; transcendentalism; criticism of naturalism; reflection; criticism of dualism.

Download article TPL_IPL_ARTICLE_PDF

Gavrilov, Georgy

Candidate of Political Science, Junior Researcher, Institute

of Philosophy and Law, Ural Branch of the Russian Academy of Sciences, Ekaterinburg

E-mail: gavrilovu@list.ru

Publications in yearbook

Abstract: The article demonstrates the limits of effectiveness of political advertising using the elements of sexuality in political campaigns in Russia and abroad. Many cases prove that appeal to Eros may be partially effective in achieving destructive goals in the election campaign: carnivalization of the campaign, political provocations, discredit of a competitor, etc. In addition, a soft form of positioning of a politician through emphasizing his/her masculinity or femininity could achieve a good result in between the election campaigns. Such forms of implicit advertising “humanizes” the incumbent and makes him/her closer to the common person. The use of sexuality in positive campaigning during the election campaign almost always leads to devastating effects. Discussion of topics related to sexuality during the campaign causes the polarization of the electorate, or generates frivolous or scandalous image of the candidate. Broad publicity earned due to such provocations does not result in a growth of rating. This fact applies not only to majoritarian candidates who strive to win an absolute majority of votes, but also to participants in proportional elections when the political party relies on the epatage in order to occupy at least a minority part of the political market. As a result, such political technologies are mostly used by marginal political forces. In addition, we could see a clear feedback: the use of such techniques marginalizes every participant of the election campaign.

Keywords: elections, political advertizing, campaigning, political technology, political parties.

Download article TPL_IPL_ARTICLE_PDF

Gilmullin, Ainur

Kazan (Volga Region) Federal University, Kazan, Russia.

E-mail: Gilmullinainur@yandex.ru

ORCID: 0000-0002-9842-8587

ResearcherID: H-8573-2018

ScopusID: 57211906682

SPIN-код: 9974-2337

Publications in yearbook
The Preservation of Humanity as Fundamental Foundation of Law

Abstract. The article addresses legal issues, and more specifically, the genesis of law, the

establishment of essential features and patterns of its formation and development. The

analysis takes into account not only practical and scientifically grounded peculiarities of

the legal realm in the historical or modern perspective, but also the “acquired” material

of the anthropology, sociology, philosophy; it also takes into account the data of biology

and techno-humanistics, which indicates the interdisciplinary nature of the presentation.

The paper considers selective social communications characteristic of proto-communities

in order to pay attention to the natural and social characteristics of a person and to

demonstrate their influence on the functioning of the human mind, namely, the principle

of reasonable selection, true and objective in its nature. This principle served as the basis

of rational deduction and reduction of non-viable behavior patterns destructive for social

existence and development. With the help of the same principle, the greatest imperatives

were created for the humanity as a whole, later embodied in moral, religious dogmas,

natural law, etc. But most importantly, they ensured preservation of human nature.

Some provisions are given that it was reasonable selection at a certain historical stage

of human development that showed the law based on preservation of human nature and

implemented solely under state (institutional) regulation of public relations as the only

civilized instrument for preserving human nature that can act as an effective and safe

regulator. Based on the analysis of the historical adaptation of humans, as well as modern

challenges set forth by scientific and biotechnological progress and problems associated

with gender identity and sexual orientation of a person, the position is defended that

human nature, especially at the present stage of its development, needs to be protected

precisely through law.

Keywords: Preservation of human nature; positive law; reasonable selection; natural law;

legal understanding.

Download article Word

Gizbrekht, Evgeniya

Student, National Research Tomsk State University,
Tomsk, Russia. E-mail: ev.gizbrekht@gmail.com

Publications in yearbook

The issue of hierarchical organization of cognitive practices – revealed by postmodernist critics – still influences on the interaction between science and religion. The formation of new (post-narrative) type of coexistence between discourses is important for the problem of correlation between scientific and religious ways of knowing the world. The problem can be considered through the analysis of historical interactions between science and religion in the light of the concept “rationality”. We investigate the question of possible definitions of rationality in different cognitive practices by the comparative and conceptual analysis of the Stepin’s conception of historical change of scientific types of rationality (classical, nonclassical, and post-nonclassical), as well as the ways of relation between science and religion in Haught’s (conflict, contrast, contact, collaboration) and Barbour’s (conflict, independence, harmony, dialogue, integration) conceptions. The “classical rationality”, in this analysis, is appeared to be as producing the conflict between science and religion, the “nonclassical rationality” – as founding their independence (contrast), and the “post-nonclassical rationality” – as enabling the active interaction between them in different ways (contact, collaboration, dialogue, integration). We explain the historical change of types (or ways) of relation between science and religion from the point of interval-continual approach, which combines the view on continual nature of truth with the idea of truth as revealing exclusively within a certain conceptual and theoretical interval. Thus, the dialectic of rational and non-rational is appeared to be as historical change of types of relation between science and religion. We conclude that the development of the dialectic goes from the hypostatization of epistemological dimension of rationality to the recognition of ontological dimension of rationality. That is why interval-continual approach can be used as еру theoretical basis for a description of possible ways of relationship between science and religion.

Keywords: faith, interval-continual approach, rationality, reason, religion, science, truth.

Download article TPL_IPL_ARTICLE_PDF

Glazyrin, Valeriy

Doctor of Sociology, professor, Chair of Philosophy and Sociology, Ural State Law Academy. Ekaterinburg.

E-mail: glazur@olympus.ru



Publications in yearbook
Missing Link

The author states that Western countries as pioneers of introducing supremacy of law as fundamental legal principle of modern societies demonstrates rather successful model of its implementation. On the contrary, many countries of non-Western world including Russia experience significant difficulties in implementing the constitutional principles of the supremacy of law. Therefore, the main aim of the article is to answer the following question: “How the supremacy of law is possible today?” In order to achieve this aim the author at first defines and describes the “drivers” of the supremacy of law. They include principles (ideas) of law, power elite and civil society. Then, the author considers the situation of social contract as the primary condition, which allows “drivers” of the supremacy of law to fulfill their historical mission. It is mentioned that not every social contract promotes introduction of the supremacy of law in the society. Supremacy of law is implemented within such social contract where law and rights are its subjects. The legal situation in contemporary Russia is considered; it is mentioned that in the legal field both legal and non-legal tendencies are presented; a proper social contract concerning law and rights of Russian citizens is still to be made.


Keywords: law, supremacy of law, constitution, contradiction, conflict, social contract.

Download article TPL_IPL_ARTICLE_PDF

Golovanova, Natalia

Post-graduate Student, Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg

E-mail: ti1977@list.ru 

Publications in yearbook
Individual and Social Morality from the Viewpoint of “Christian realism”

The article is devoted to Reinhold Niebuhr's concept of "Christian realism". According to him, individuals are morally capable to consider interests of others and act prudently when they feel the contradiction between their own interests and other people’s interests. For Niebuhr, it is an explanation of the fact that dominant groups rarely yield their privileges, except the case when they found themselves under pressure of some countervailing social force. Niebuhr stressed the relevance of Christian love not as directly practicable political principle, but as the ideal toward which justice strives, and as the standard of judgment of all political achievements in history.

Keywords: political realism, morality, pacifism, intra- and inter-group conflicts.

Download article TPL_IPL_ARTICLE_PDF

Goncharov, Sergei


Doctor of philosophy, full professor, head of department of philosophy, Russian State Professional Pedagogical University, Ekaterinburg.


E-mail: gsz2004@mail.ru


Publications in yearbook
Creativity of the Principle of Subject in Philosophy

The authors consider the principle of subject as a form of social activity, which characterizes the abilities of persons and collective bodies towards self-determination, self-organization, self-government and standard creative work; their authority in implementing socially important needs and aims; their power over natural and social forces.

Keywords: subject, self-determination, self-activity, self-organization, self-government, standard creative work, competition, civil society.


Download article TPL_IPL_ARTICLE_PDF

Gribovod Ekaterina

post-graduate student, Institute of Philosophy and Law,
Ural Branch of the Russian Academy of Sciences, Ekaterinburg. E-mail: gribovod_kate@bk.ru

Publications in yearbook

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.

Download article TPL_IPL_ARTICLE_PDF

Grishin Dennis

Candidate of Law, Associate Professor, Department of

Criminal Law, Ural Institute – Branch of the Russian Academy of National Economy and

Public Admin-istration under the President of the Russian Federation, Ekaterinburg.

E-mail: denn_81@mail.ru

Publications in yearbook

Abstract: The author investigates the nature of the institute of legal exemption from criminal liability, the expediency of its securing and usage. Attention is paid to the classification of the reasons for exemption from criminal liability, as well as to the separate classification of special reasons. The main subject of the article is special reasons for exemption from criminal liability in the field of malfeasance, which meets required conditions. Special reasons for exemption from criminal liability as provided for bribery (Article 291 of the Criminal Code) and for mediation in bribery (Article 291.1 of the Criminal Code) are analyzed. The problems of the enforcement of institution are considered. In order to improve efficiency, it is proposed to establish new special reason for excluding criminal responsibility for abuse of power and abuse of office.
Keywords: reasons for exemption from criminal liability; special reasons for exemption from criminal liability for malfeasance; conditions for exemption from criminal liability; active repentance; active assistance in investigating, prosecuting, and combating crime.





Download article TPL_IPL_ARTICLE_PDF

Gusev, Andrey

Senior Lecturer, the Department of Constitutional Law, Urals Law Institute, Ministry of Internal Affairs of Russian Federation, Ekaterinburg

E-mail: kochevnik.83@mail.ru

Publications in yearbook

The questions of implementation of international interdepartmental agreements concluded by law-enforcement bodies of executive authority with relevant authorities of foreign states are analyzed in this article. The author makes an attempt to single out some problems of interdepartmental  international agreements implementation and suggests possible ways of legislation improvement and intradepartmental creation of regulatory acts. 

Keywords: international agreements implementation, law-enforcement bodies of executive authority, official promulgation of international agreements, forms of implementation of international interdepartmental agreements.

Download article TPL_IPL_ARTICLE_PDF