19 (2)
Issue
2019
Subscription
Free subscription at
the electronic version of journal
Subscription index
in the Russian Post
catalogue – 43669
ANTINOMIES
Foundation of journal. Issue topics About journal

Autors

Kanarsh, Grigorii

Candidate of political science, senior researcher, Institute of Humanitatian Studies, Moscow Humanitarian University, Moscow.

 

E-mail: GrigKanarsh@ya.ru.

 

Publications in yearbook
Concepts of Justice in Russian Politics

The article proves that the valuative discussion about social-political model is possible not only in the West, but also in Russia. The author compares five social projects for Russia: conservative, ethno-cratic, social-democratic, left-central and communitarian, and comes to the conclusion that the left-central project of “good society” is the most compelling.

Keywords: justice discourse, comparative analysis, modernity, political ethics, communitarism, elitism, “good society”, critical function.

 

Download article TPL_IPL_ARTICLE_PDF

Karapetyan, Arthur

Post-graduate candidate, Criminal Law Department, Ural Law Institute of Ministry of Internal Affairs of the Russian Federation, Operative authorized officer for particularly important cases, Anti-Extremism Centre, Chief Directorate of Internal Affairs, Sverdlovsk region, Ekaterinburg.  

E-mail:   shinkari@mail.ru

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

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. 

Download article Word

Kartasheva, Anna

 Postgraduate student, Chair of Ontology and Epistemology, Institute of Social and Political Sciences, Ural Federal University named after B.N. Yelzin, Ekaterinburg. 

E-mail: anna.kartasheva@gmail.com

Publications in yearbook
Understanding of Concepts of "Idea", "Form", and "Originality" in German Philosophy and their Influence on Copyright

The article deals with the concepts of “originality”, “form” and “idea” in terms of their relationship to the problem of copyright. Formation of the first laws on the protection of creativity parallels the formation of modern European entity as the holder of individuality. The author does not just hover to the reader ideas, which convey in the air, but creates new content, putting ideas in their original form. The article makes an attempt to trace German philosophical concepts, which are especially important for the copyright. The concepts of “ideas” and "forms" in Kant's philosophy are closely related to the creative ability of the imagination. Originality is inherent in both forms and ideas – but if the originality of idea is in its geniality, the originality of form is entirely the merit of the work of imagination of the writer. G.V.F. Hegel spoke about the difficulty of defining the boundaries of the fair use of works, because inevitably there is a chain of debt, citations, repetitions.The original form of the work is the subject of protection by copyright. On the contrary, the idea could not be protected in principle, and therefore it is freely available.

Keywords: form, idea, copyright law, composition, author, the creative ability of the imagnation, originality, German classical philosophy.

Download article Word

Kazantsev, Anton

Candidate of Law, Associate Professor, Deputy Chairman,

Charter Court of the Sverdlovsk region, Ekaterinburg

E-mail: kazancev@ustavsud.ur.ru

Publications in yearbook
RESIGNATION OF JUDGES OF CHELYABINSK REGION’ CHARTER COURT IN THE LIGHT OF CONSTITUTIONAL PRINCIPLE OF JUDICIAL INDEPENDENCE

 

Abstract: The article analyzes the strengthening of the principle of independence of judges on both domestic (constitutional and legislative) and international law levels. The reasons and procedures for the termination of judge’s office established at the legislative level as guarantees for the independence of judges, as well as the right to resign, are considered. The article investigates the reasons for termination of judge’s office, which either grant or do not grant the right to resign. The reasons, which do not imply termination, are the ones associated with committing crime, or misconduct; the violation of the restrictions provided by legislation; intention to change the job; engagement in the activities incompatible with the judge’s status. The reasons eligible for resignation are written statement of the resignation; reasonable excuse or circumstances, which do not depend on judge’s will and do not allow exercising judge’s powers. The possibility to regulate on the regional level reasons and procedures of the resignation of judges of the Constitutional (Charter) Court of the subject of the Russian Federation, as well as the practice of normative legal regulation of the case by the legislator of the Chelyabinsk region, are observed. Such reason for termination of judge’s office as a refusal from the transfer to another court due to the court’s abolition is analyzed. The author concludes that the composition of the judicial facts, which form the legal relations connected with the judge’s resignation, includes the abolition of the court and the refusal from the transfer to another court. Nevertheless, such judicial facts have different meanings. The abolition of the court is the priority (basic) judicial fact eligible for resignation and compensation. The possibility of the transfer to another court in connection with the abolition of the court should be considered as an additional guarantee of the judge’s independence. According to the Chelyabinsk regional legislation, the judge of the Charter Court is considered to be resigned (voluntarily or forcibly) in the case of abolition of the Charter Court. According to the author, it is a “simplification” of the federal legislation by the regional legislator, and the deprivation of additional guarantees of judge’s independence in the form of the transfer to another court. Based on the analysis of Federal and Chelyabinsk regional legislation, as well as of the law enforcement practice, the author concludes that the reasons for termination of powers are sufficiently resolved on the level of the Federal legislation. The attempts of their shaping or adapting on the regional level could lead to a serious decline of the level of guarantees of judge’s independence. Therefore, they are unaccepted.

Keywords: constitutional justice; Constitutional (Charter) Court of the constituent of the Russian Federation; principle of independence of judges; retired judge.

Download article TPL_IPL_ARTICLE_PDF

Kazantsev, Mikhail

Doctor of Law, Head of Law Division, Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg

E-mail: kazan.m@mail.ru

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

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.

Download article Word
THE LEGAL REGULATION IN THE SPHERE OF BIOLOGICAL COLLECTIONS: SYSTEM, STATE, DEVELOPMENT

For the first time in the legal science, the article obtains the system data on the array of legal acts and, accordingly, on the legal regulation in the field of biological collections. Particularly, it describes and analyses the hierarchic and substantive system of legal regulation in the sphere of biological collections. The article estimates current legal regulation (legislation) in this field, and concludes on the unacceptably low level of development of legislation on biological collections. At least, it is expressed in the lack of consistency and completeness of legislation on biological collections, as well as in the fact that the legislation in the areas related to biological collections not always takes into account the specifics of biological collections. Based on the conducted analysis, the article defines further developments in the biological collections’ legislation, provides concrete proposals for improvement of the legislation, and, what is mostly important, formulates the basic legal statements on the scientific collections.
Original definitions of the scientific and biological collections elaborated in the article are the following: “Scientific collection (biological, archeological, ethnographical, other) is recognized as purposefully collected, ordered set of objects, which is organized on the scientific basis, has scientific value, and can be used in scientific, scientific-technical, innovative, scientific-educational activities”: “Biological collection is a scientific collection, which is formed by the set (fund) of zoological, botanical, microbiological, genetic, and other biological objects, can be used in scientific, scientific-technical, innovative, scientific-educational activities, including the purpose of preserving biological diversity and use of biological resources”.
Keywords: scientific collection; biological (bio-resource) collection; collection object (sample, exhibited object); legal regulation in sphere of biological collections; legislation on biological collections; legal regime of biological collection; center for collective use.

Download article TPL_IPL_ARTICLE_PDF
Civil-Law Contract Regulation in the System of Legal Regulation of the Contract Relationships

The notion of a Civil-Law Contract regulation is formulated in the article, its place in the legal regulation of contractual relations is defined. The interaction between civil contract regulation and legal regulation of contractual relations is examined.

Keywords: civil-Law Contract, civil law contractual regulation, legal regulation, administrative legal regulation, court legal regulation, legal regulation, centralized, decentralized (autonomous, private) legal regulation.

Download article TPL_IPL_ARTICLE_PDF
The Problem of Civil-Law Contracts in the Context of Civil-Law Contract Regulation

The author advocates the concept of property contract, in according to which the latter is a result of classification of civil-law contract as the object of contract regulation.

Keywords: property contract, property-promissory contract, property legal relation, the object of civil-law contract regulation, civil-law contract regulations.

Download article TPL_IPL_ARTICLE_PDF
The Problem of Subjection of Relative Property Relations to Civil-Law Contract Regulations

The author advocates the presence of relative property relations and the possibility of their civil-law contract regulation.

Keywords: property legal relation, relative property legal relation, co-ownership, titlepassing property legal relation, the object of legal regulation, civil-law contract, civillaw contract regulations.

 

Download article TPL_IPL_ARTICLE_PDF
Regional Legislation in Russia: Tendencies of Development and Level of Performing

The article describes two important aspects of regional legislation (legislation of subjects of the Russian Federation): tendencies of development and level of performing. The periodization of regional legislation development is offered: formative period (December 25, 1993 – August 1, 2000); period of stabilization (August 1, 2000–2008); period of optimization of regional legislation (2009 – to the present day). Characteristics of these periods are given; tendencies of establishing of regional legislation including negative ones and their reasons are defined. Indicators of rejecting the federative foundations in law making, as well as in federalism in general, are determined. The author concludes that regional legislation has to be developed on the way of optimizing the correlation between regional and federal legislation, and between the system of municipal legal acts, as well as on the way of improving the system of regional legislation and its hierarchic and objective structure. The systemization of regional legislation has to be the main direction of the development of regional legislation. The system of indicators (criteria) of the quality of regional legislation (and legislation in general) is produced. The author formulates the definition of regulatory legal act as the combination of its attributes (characteristics). The factors, which influence the level of the performing of regional legislation, are identified and estimated.

Keywords: regional legislation (legislation of subjects of the Russian Federation), tendencies of regional legislation development, periodization of development of  regional legislation, quality of regional legislation, quality indicators of regulatory legal act and legislation, level of performing of regional legislation, disadvantages of regional legislation.

 

 

 

Download article TPL_IPL_ARTICLE_PDF
Classification of the Terms of Civil-Law Contract Based on the Criterion of the Scope of Freedom of the Parties in their Determination

The author proposes and justifies the original multi-level classification of civil contract, where conditions are classified in terms of freedom of parties in determing the content of conditions.

Keywords: civil contract, the condition of the contract, the classification of contract terms, the mandatory term of the contract permitted by clause, invalid stipulation, predetermined stipulation, non-predefined clause. 

Download article TPL_IPL_ARTICLE_PDF

Khmelinin, Aleksey

Post-graduate Student, Ural Federal University named after B.N. Eltzin, Ekaterinburg

E-mail: xalexan@inbox.ru

Publications in yearbook
ISSUE OF SOCIAL JUSTICE IN NEO-LIBERAL POLITICAL DOCTRINE AND PRACTICE: THEORETICAL ANALYSIS

This article deals with the possibility of studying social justice in the neoliberal political doctrine within the theoretical analysis. The research problem is theoretical and practical uncertainty of the main consensus concerning the doctrinal principles of social justice in the situa-tion of its high political relevance, as well as the multiplicity of its social contexts through the prism of the implementation of neoliberal reforms in the Russian society. Due to the ambiguity of the neoliberal doctrine, the author identifies three approaches, which allows viewing it as political phenomenon and as the category of political science. Firstly, it is neoliberalism of Keynesian type; secondly, the libertarian kind of neoliberalism; thirdly, the Washington Consensus as a model of ne-oliberalism of modern societies. The author makes emphasis on the last one. He proposes under-standing the model of Washington Consensus as a complex system with liberal theoretical and methodological roots and as a certain kind of philosophy, according to which the model of the poli-tics is constructed in the contemporary context of globalization and interdependence of existing institutions of state and society and ideological and political paradigms. At the same time, the Russian model of neoliberalism is syncretic; in particular, it is based on the principle of social justice. Historically, the issue of justice attracted serious attention of researchers from Socrates to D.S. Mill, J. Rawls, R. Dvorkin, etc. The domestic political science pays enough attention to Western theories of justice, as well as develops own theory by T.A. Alekseeva, A.A. Guseynov, S. Grigoriev, L.G. Greenberg, G.Y. Kanarsh, A.I. Novikov, V. Maltsev. Works of N.A. Vedenina, R.K. Shamileva, B.N. Kashnikov, V.S. Martyanov and others are very notable. The author concludes about the need to define fundamental concept of social justice in the current political situation in Russia based on the convergence of its basic understanding in conservative and liberal political trends. Modern political “reading” and the implementation of the principles of social justice in Rus-sia seems to be contradictory and inconsistent.

Keywords: neoliberalism, political doctrine, discourse analysis, social justice, neo-conservatism, “welfare” state.


 

Download article TPL_IPL_ARTICLE_PDF
Neo-liberal Discourse: Strategies and Technologies for Constructing of New Subjectiveness

The article examines basic features of neo-liberal discourse, and describes main components of neo-liberal doctrine. Special attention is paid to the analysis of “left” criticism of neo-liberalism, presented in the works of D. Harvey, P. Dardo, K. Laval, N. Khomsky, S. Zhizhek, etc. It is noted that neo-liberal discourse is directed strategically toward constructing of new subjectiveness, which interiorize principles of competitiveness and jouissance. The article reveals manipulative peculiarities of neo-liberal media-discourse. The discourse of neo-liberalism is presented as a variation of the Soft Power.

Keywords:  discourse, neo-liberal discourse, constructing of subjectiveness, manipulative technologies, Soft Power, jouissance.

Download article Word

Kirichek, Yulia

Postgraduate Student, Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences, Ekaterinburg.

E-mail: luminosa.julia@gmail.com

Publications in yearbook
Discourse of "Other": from Philosophical Practice to Identity Theory

 The article analyzes traditional philosophical category of «Other» understood as fundamental principle of modern European concept of self-knowing. According to the philosophical tradition, the understanding of «Other» was conducted within two key areas: one based on the phenomenological tradition (E. Husserl, P. L. Berger, T. Luckmann); and the second belonged to versions of dialogism (J.P. Sartre, M. Buber, J. Lacan etc.). The author characterizes two directions in understanding of «Other» (general and specific), and refers to synthetic position of E. Levinas, which combines (as it follows from the analysis) the phenomenological options and dialogism. Concept of «Other» is particularly treated within postmodern philosophy and is defined in relation to problems of inter-subjectivity, communication and dialogue. At the same time, the emerging of European tradition of «Other» discourse is closely related to the formation of the «identity» concept. The study of «Other» within the identity theory reveals similarities of the problematic fields: self-knowing of individual personality and processes occurred on the level of collective political identity. In both cases, questions of contradictions and self-determination in systems «I – Something Else» and «We – They» appears in the centre of debate. 

 

Keywords: concept of «Other», phenomenology, dialogism, post-modernism, life-world theory, face-to-face relationships, identity.

 

Download article TPL_IPL_ARTICLE_PDF

Kiselev, Konstantin

Kiselev, Konstantin

Candidate of Philosophy, associate professor, Deputy Director, Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg.

E-mail: kiselevkv@yandex.ru

Publications in yearbook
Regional Identity in Sociological Dimension^ Case of Chelyabinsk Oblast

The article focuses on problems of studying identity of Russian regions using the example of Chelyabinsk oblast. The authors carry out qualitative sociological research of identity, which provides the basis for the article. While conducting the focus groups in five municipal units of Chelyabinsk oblast, the authors purposed to reveal positive characteristics of the regional identity. The intensity of utterances about different identification characteristics makes possible to define and rate several groups of such characteristics. The article describes the following identifiers in descending order of importance: “nature”, “industry”, “people”, “sport and culture”. Negative identification characteristics are included into separate group. Special attention is attracted to the fact of the significant amount of such identification characteristics, which relate to industry and sport. This is not typical for Russian regions. At the same time, those identifiers, which seem to be traditional for Russia and relate to history and culture, are poorly represented in the identity of Chelyabinsk oblast. It is concluded that the use of methodology for studying regional identity proves to be successful, and the perspectives of the second stage of research oriented on application of the qualitative sociological approaches are estimated as promising. The article provides recommendations for authorities concerning construction of regional identifiers, and evaluates perspectives of the development of regional identity of Chelyabinsk oblast.

 

Keywords: regional identity, Chelyabinsk oblast, Ural, methodology of identity studying, focus group.

 

Download article TPL_IPL_ARTICLE_PDF
The Structuralization of Local Communities and Groups of Interests

The article observes basic methodological problems in the study of the structure of local communities in Russian Federation, i.e., the issues of implosion, identity construction and formation of groups of interests in local communities. The author analyses the main tendencies in the development of the structure of local communities and presents the classification of interests and structures of local communities.

Keywords: local communities, local democracy, groups of interests, the structure of local communities, methodology of study.

 

Download article TPL_IPL_ARTICLE_PDF
The Myth about Middle Class: its Construction Base and Political Functions

The author analyzes the myth about middle class, its content, construction base, political functions and main types of deconstruction.

Keywords: middle class, social structure, mythology, myth, deconstruction of myth.

 

Download article TPL_IPL_ARTICLE_PDF

Kislov, Alexey

Candidate of Philosophy, Associate Professor, Senior Lecturer  of the Chair of Department of Ontology and Theory of Knowledge, Departament of Philosophy, Ural Federal University, Ekaterinburg

E-mail: kislov@e-sky.ru

Publications in yearbook
Dynamic Approach to Deontic Logic: Semantics of Normative Operators

The paper presents the semantics of deontic logic, which is implemented on the basis on propositional dynamic logic. The standard version is a relational semantics (J.-J. Ch. Meyer), which uses the semantic idea of A. Anderson – the definition of normative operators (“obligatory”, “forbidden” and “permitted”) by means of propositional constant “sanction”. The standard semantics of multimodal way (without the mutual definability of deontic modalities) is complemented by “strict” operators (the concept of “degree of responsibility” is discussed), then – “pragmatic” operators (through propositional constant of S. Kanger “positive sanction”). The opportunity to refuse from total reduction of deontic logic to dynamic logic and to semantically questionable constants “sanction” and “positive sanction” is offered. An autonomous intensional semantics of deontic operators, which is relative regarding the rating system, is constructed. The proposed semantics being close to the “constant” version retains the ability to express a class of deontic operators “in the strict sense” and combines standard and pragmatic interpretation of deontic operators. However in our opinion, the most important fact is that “non-reductionist” multimodal version of deontic semantics is more than natural.

Keywords: deontic logic, propositional dynamic logic, logical semantics, normative operators, sanction, degree of responsibility, ratings system.

 

Download article TPL_IPL_ARTICLE_PDF
Socio-cultural Cross-identification of Logic

The paper investigates socio-cultural aspects of contemporary status and development of logic. These aspects become very important with respect to the deuniversalization of the classical logic and proliferation of different types of logic systems.

Keywords: logic, history-of-logic, deuniversalization-of-classical-logic, non-classical logics, social-aspect-of logic, logic-and-the-humanities.

Download article TPL_IPL_ARTICLE_PDF

Kochkhova, Elena

Candidate of Philosophy, Senior Research Fellow,
Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences.
Yekaterinburg, Russia. Email: elenascause@yandex.ru
ORCID: 0000-0002-7329-2046

Publications in yearbook
CREATIVE CITY OR RIGHT TOWARD THE CITY: ALTERNATIVE OF URBAN DEVELOPMENT IN RUSSIAN CONTEXT

Abstract. This paper considers the problem of the limited resources of extensive modernization and urbanization. The center-periphery polarization between Russian cities is described. The outlines of urban development are explored. City development in Russia is treated through neo-Marxist critical theory. This approach allows 1) to reveal paradoxical contradictions in the current system of fiscal federalism; 2) to raise the question of the reassessment of the cities' status in the state management system; 3) to detect a systemic problem in attempts to implement creative development strategies into peripheral capitalism; 4) to substantiate the importance of the struggle for the right toward the city in order to escape the demodernization's trap. The socio-political and economic specifics of Russian urban development are inscribed into the global context. The fact of interest of power subjects in neoliberal rhetoric is fixed. Limited attempts to pass to a post-industrial urban economy are described. On the base of the issue of fiscal federalism's consequences, the authors justify that maintaining the asymmetric exchange of resources between the federal budget and budgets of the cities contradicts the task of Russian cities' modernization. A structural solution that allow to stimulate the development of the biggest Russian cities under the existing conditions is proposed. It is necessary to withdraw them from the territorial logic of subordination to the regional authorities. This step can stimulate a short-term increase of social and economic inequality; but in the long-term perspective it will create own urban development resources which are related to their human and social capital. A reorientation to new subjects of modernization is proposed as a strategic decision. Decentralization of power, increasing the administrative status of the biggest cities, involving citizens in resolving issues of common good become the main alternatives to the existing demodernization logic of the state.
Keywords: creative city; the right to the city; human capital; decentralization; delegation of authority; local government.

Download article TPL_IPL_ARTICLE_PDF

Kodan, Sergey

Doctor of Law, full professor, professor of Chair of State and Law Theory, Ural State Law Academy, Honoured Jurist of the Russian Federation. Ekaterinburg.

E-mail: svk2005@yandex.ru

 

Publications in yearbook
SYSTEMATIXATION ACTS: LEGAL CHARCTER AND ROLE IN THE SYSTEM OF LAW SOURCES IN RUSSIA

The article considers the systematization of law as the type of legal activity and analyzes its role in the state law policy. The author pays special attention to the legal character of systematization acts as law sources and demonstrates their peculiarities in the system of legal information.

 

Keywords: systematization of legislation, The Law Code, law sources.

 

 

Download article TPL_IPL_ARTICLE_PDF
Formation of Russian External Law History as Source Section of National Law History (the Second Quarter of 19th Century)

The article discusses the history of formation of outer Russian legislation in domestic justice in the second quarter of the 19th century - a section in legal science, which studies the legalization of the sources of law in the retrospective projection. The impetus for the creation of this trend in the Russian law was the systematization of legislation, the publication of The Code of Laws of the Russian Empire, and the development of legal education. Due to rapid development of legal science in Russia, the question of sources of knowledge of law becomes the subject of research and teaching; and it results in the establishment of the sources of law as a section of legal science. M.M.Speransky raised this question and marked the importance of studying law as a reflection of the political and legal development of Russia. K.A.Nevolin,Professor of  Kiev University, allocated the outside part of law as section of encyclopedia of law, and founded the basis for historical knowledge of sources of law and their values in the periodization of the history of Russian law. Professors N.F.Rozhdestvensky and I.D.Belyaev continued study of the sources of law, and justified the selection of the external history of legislation as special section of the historical and legal science. In the second half of 19th early 20th centuries, the legal chronology was rooted in Russian legal science as its part, which provided study of sources of law and the history of legislation.

Keywords: History of State and Law of Russia, source, sources of law, sources of knowledge of law,  external history of legislation.

 

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

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. 

Download article Word

Kodolova, Alena

Candidate of Law, Senior Research Fellow, Saint- Petersburg
Scientific Research Center for Environmental Safety, Russian Academy of Sciences,
Saint-Petersburg, Russia. E-mail: alena_kodolova@mail.ru

Publications in yearbook
ENFORCING OF ENVIRONMENTAL LIABILITY SYSTEM IN RUSSIAN FEDERATION AND FOREIGN COUNTRIES: WAYS OF LEGISLATION’ IMPROVING

Abstract. The development of energy, agriculture and industry, the growth of consumption of natural resources inevitably increases the risks of environmental offenses, and lead to increase the negative impact on the environment. In accordance with the Strategy of Environmental Safety of the Russian Federation until 2025 (Decree of the President of the Russian Federation “On the Strategy of Environmental Safety of the Russian Federation for the Period up to 2025” 2017), minimization of damage caused to the environment, elimination of negative consequences of anthropogenic factors on the environment, as well as the rehabilitation of territories and water areas contaminated as a result of economic and other activities, prevention of environmental harm are named as the main directions of solving the main tasks in the field of environmental safety. The current system of accountability for environmental damage in our country could not be called effective. Improvement of legislation on compensation for environmental harm should start with the norms of material (environmental) law. According to N. Robinson and L. Kurukulasuriya, “To be an effective means of environmental protection, liability regimes should cover not only traditionally accepted forms of compensation, but the damage caused to the environment. The main task of developing special regimes of environmental responsibility is to help people understand the consequences of the negative impact on the environment – the public good, which is the basis of the system of life support of people and all living things. However, many countries have not introduced special liability regimes for environmental harm, relying on traditional civil liability standards applied in the environmental context”. As noted by leading foreign researchers in the field of environmental law, one of the main problems in solving the issue of compensation for environmental harm in the framework of classical tort law is the need to belong to an environmental good, which is public in nature, to any person. Another equally important problem that characterizes liability for environmental damage largely as public law is the methods of assessing the damage caused. Environmental damage may not be quantifiable from an economic point of view, for example, in the case of loss of fauna and flora that have no market value, and in the case of damage to ecosystems or landscapes, economic value may not be assessed using traditional approaches to damage assessment.
Keywords: compensation of harm to the environment; environmental damage; environmental courts; environmental remediation; environmental court expertise.

Download article TPL_IPL_ARTICLE_PDF

Kodolova, Alena

Candidate of Law, junior researcher, Udmurt Branch of Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences

E-mail: Alena_Kodolova@mail.ru

Publications in yearbook
BASIC ENVIRONMENTAL HUMAN RIGHTS IN THE DOCUMENTS OF "SOFT" INTERNATIONAL LAW

The concept of the article includes comprehensive analysis of the recommendatory international documents, devoted to the protection of the basic environmental human rights.

Keywords: environmental human rights, the human rights to favorable environment, the human right to the access to environmental information, public participation in environmental decision making, the human right to the compensation of the injured or property losses due to environmental law violation.

Download article TPL_IPL_ARTICLE_PDF
Problems of Implementation of OECD Decisions and Recommendations into Environmental Protection Legislation of Russia

Among priorities of international policy of the Russian Federation is the entry into Organization for Economic Co-operation and Development (OECD). The condition of the entry is the implementation of OECD decisions and recommendations into Russian legislation. Decisions and recommendations of OECD concerning environmental protection and ensuring ecological safety deserve special attention. OECD requirements concerning the need to change several Russian normative legal acts are contained in the «Road map» for the entry of the Russian Federation into OECD Convention, which was accepted on November, 30, 2007 by 1163 session of OECD Council. The main directions of modernization of ecological legislation are the following: waste management, polluter pays principle, environmental monitoring, ecological information, ecological safety of industrial activity. OECD requirements’ concerning modification of Russian normative legal acts actually stimulates the reforming of ecological legislation in our country.

Keywords:organization for Economic Co-operation and Development (OECD), environmental legislation, ecological safety, waste management, polluter pays principle, environmental monitoring, ecological information.

 

Download article TPL_IPL_ARTICLE_PDF

Kolomeytseva, Tatiana

Senior Lecturer of the Department of General Professional Disciplines and Humanities at Shadrinsk Branch of Tyumen State University

E-mail: kolomeytseva@yandex.ru

Publications in yearbook
Man and Modernity: Peculiarities of I.A. Ilyin's Interpretation of G. W. F. Hegel's Philosophy

The article observes Habermas’s concept of modernity in the context of historic-philosophical analysis of the peculiarities of I.A. Ilyin’s anthropological interpretation of Hegel's philosophy. The author proves that I.A. Ilyin was definitely a man of modernity who opposed private religious belief (the fusion of Protestantism and Orthodoxy) to traditional values of the modernization process in Russia at the end of XIX – the beginning of XX century. The authors describes I.A. Ilyin’s understanding of Hegel's philosophy, which includes the suffering God-man (that occurs in the moment of “melting” of God and human being in the process of cognition), which becomes the anthropological ideal of modernity.

Keywords: I.A. Ilyin’s anthropological interpretation of Hegel's philosophy, God, the God-man, G.W.F. Gegel, I.A. Ilyin, modernity, pantheism, Protestantism, man.

Download article Word
Spiritual Self-release of a Person in I.A. Ilyin’s Interpretation of Hegel’s Anthropology

The paper highlights the problem of the necessity of person’s spiritual self-release in I.A.Ilyin’s anthropological interpretation of Hegel’s philosophy.  Person’s realization of freedom is considered as the summary of self-reflection, choice and practical act.

Keywords: freedom, spiritual self-release, existentialism, concretization of an absolute, person’s self-determination, theology.

Download article TPL_IPL_ARTICLE_PDF

KONDRASHEV ANDREY

Doctor of Law, Professor, Vice-rector for the Science,
Krasnoyarsk State Agrarian University, Head of the Department of Constitutional,
Administrative, Municipal Law, Institute of Law, Siberian Federal University,
Krasnoyarsk. E-mail: legis75@mail.ru

Publications in yearbook
ADMINISTRATIVE-TERRITORIAL UNITS WITH SPECIAL STATUS: PROBLEMS OF REALIZATION OF NATIONAL AUTONOMIES’ STATUS IN RUSSIAN FEDERATION

Abstract: The article is dedicated to the systematic analysis of federal and regional legislation, which regulates issues connected with legal status of administrative territorial subjects with the special status (ATSSS) in the system of federative and municipal structure of the Russian Federation. Researching different points of view of constitutionalists, the author discloses features of legal status of the category of administrative territorial subjects including administrative territorial subjects with the special status’ features. The author discloses problems and offers solutions including the revision of existing rules and the adaptation of the new federal law, which is aimed at regulation of some issues appearing in administrative territorial subjects with the special status. The position of governmental departments and local governments in administrative territorial subjects with the special status are considered as the separate issue. Because each subject of the RF determines its own organizational model of governmental departments and local governments, each position with further identification of its strong and weak sides is considered and analyzed; specific changes of norms of the Federal legislation on local self-government are proposed. The author speaks about the creation of «municipal national okrug» with additional rights, which are aimed at saving cultural originality and traditional way of life of native minorities of the ATSSS areas in the Northern part of Russia.
Keywords: administrative territorial subjects with the special status; autonomy; autonomous region; national territorial administrative autonomy; national features of indigenous people; territorial structure of the RF; association of the subjects of the RF.

Download article TPL_IPL_ARTICLE_PDF
LEGAL REGIME OF ARCTIC TERRITORIES OF RUSSIAN FEDERATION AND GRANTING SPECIAL RIGHTS TO INDIGENOUS (ABORIGINAL) PEOPLES

For many years, both in the USSR and in the Russian Federation there was no understanding of the need to develop an integrated legal framework for regulating legal regime of Arctic territories. The article deals with the main regulatory legal acts of the Russian Federation regulating legal status of Arctic zone of the Russian Federation, as well as with theoretical approaches to the formation of an appropriate regulatory and legal framework. The authors analyze the main problems of the development of Arctic territories in two aspects: state (municipal) governance in Russian Artic, and the peculiarities of the status of indigenous small peoples living in Arctic territories. The authors conclude that it is necessary to update and seriously modernize legal regulation in this sphere of public relations. Based on the identified problems and shortcomings of legal regulation, the authors propose solutions addressed to the legislator in order to eliminate gaps in Russian “Arctic” legislation: transmission of powers over Arctic territories to the Ministry of Economic Development; registration of specific powers of the municipal bodies located in Arctic territories; providing legal conventions, which fix specific rights of the indigenous smallnumbered peoples of Russia; development of legislation on indigenous peoples in order to provide their specific rights toward co-management of the territories of their traditional location; creation of specialized state agency responsible for affairs of indigenous peoples; mechanism of state and companies’ compensation of indigenous communities for the use of natural resources.
Keywords: legal status of Arctic; Arctic zone of Russia; indigenous small people; state territory; legal regime of territory.

Download article TPL_IPL_ARTICLE_PDF

Kondrashev, Andrey

Candidate of Law, the adviser of the Chairman of Legislative Assembly of Krasnoyarsk region, the chief executive of research Institute of the regional legislation and legal policy, Siberian Federal University, Krasnoyarsk.

E-mail: kondrashev@legis.krsn.ru

Publications in yearbook
Constitutional and Legal Aspects of Implementing the People's Constitutional Right of Resistance

Abstract: The article analyses the reasons and conditions of the implementation of people’s right of resistance in the international legislation and the legislation of various countries. The history of the normative fixing of this right in the international acts and in the constitutions of a number of the European countries is observed. The philosophical views of J. Locke and J.-J. Rousseau regarding justification of the right of resistance are analyzed. There is a lack of studies of the right of resistance in Russian constitutional scientific discourse, except two short articles. In the present article, ten basic principles of the implementation of people’s right of resistance through the analysis of the reasons for revolts against authorities in various countries are allocated. The author suggests discussing the possibility of fixing the general provisions of people’s right of resistance against illegal actions of the government in the Constitution of Russia, similar to several constitutions of foreign countries, and to involve leading constitutionalists in such discussion. The conclusion is made that it is people who legitimate the power through elections, providing the power with the mandate to govern and to execute legal coercion. If it is not possible to transfer (to take away) the power from the officials who discredit it by legal means, the compelled decision concerning the revolt against the authorities is made (although such decision is extremely dangerous and leads to bloodshed, and sometimes to civil war).

 

Keywords: resistance, opposition, protest, revolt, president, parliament.

Download article TPL_IPL_ARTICLE_PDF
Constitutional-Legal Responsibility and Other Legal Means in the Mechanism of Protection of Constitutional Order (Measures of Protection, Control and Supervision)

The article is devoted to the institute of constitutional-legal responsibility and other legal means and mechanisms of protection of constitutional order. The author considers in more details the difference between control and supervision and analyses the institute of "right measures of protection" from several points of view.

Keywords: administrative supervision, state control, measures of protection, prevention, suppression, preclusion, public prosecutor's supervision, legal responsibility.

Download article TPL_IPL_ARTICLE_PDF
The Order of Antiterrorist operation as one of the Measures of Constitutional and Legal Responsibility in the Legislation of the Russian Federation

The article considers antiterrorist operation as one of the sanctions of constitutional and legal responsibility. The history of implementation of respective sanctions into federal legislation, their mechanism and shortages are described.

Keywords: constitutional and legal responsibility, antiterrorist operation, shortages and gaps in adaptation mechanism of those constitutional and legal sanction.

Download article TPL_IPL_ARTICLE_PDF

Kondrashov, Pyotr

Candidate of Philosophy, Associate Professor, Post-doctoral Student, Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg

E-mail: stif.lo@rambler.ru

Publications in yearbook
Immanent Unfolding of Social Historicity

There are many studies devoted to the analysis of materialistic understanding of history. Although the topic of these studies is a question of historical process, nevertheless, they do not contain the definition of the historicity. The article is the attempt to explicate phenomenon of historicity of social being in K. Marx's philosophy. The authors show that social historicity is the immanent quality (modus) of human activity. The implementation of the Praxis leads to the emergence of the objective world where inter-subjectivity and sociality of human being-in-the-world takes place. The transformation of the artificial world for satisfaction of needs determines changes in social and spiritual structures. Historicity is those changes taken in temporal unity. Social historicity (as it is implicitly understood by Marx) is the uniformal temporal coherent process where the person through Praxis transforms the actual social-objective world (the present); creates something new, which keeps «traces» of the conditions of previous lives (the past); and through practical inclusion into the system of immanent relations of the actual world generates attitudes, structures, subject matters, properties, forms of activity, ideas, demands, and situations, which previously did not exist (the future).

Keywords: Marx's philosophy, Praxis, historicity of social being, artificial world, sociality, temporality.

 

Download article TPL_IPL_ARTICLE_PDF
KONSTANTIN N. LYUBUTIN’S KEY PHILOSOPHICAL IDEAS

Abstract. The article discusses the key ideas of professor K.N. Lyubutin (1935–2018) – one of the founders of the Faculty of Philosophy at the Ural University (1965), the Chair of History of Philosophy at this University (1969), and the founder, inspirer and leader of the Ural School of Marxist Studies. The author focused (1) on Konstantin Lyubutin’s ideas, which at time were innovative in the framework of Soviet Marxism-Leninism (explication of K. Marx’s philosophical and anthropological ideas; separation of K. Marx’s philosophical ideas and F. Engels’s philosophical searches the paradigms of classical Marxism; the innovative solution to the problem of subject and object), and the post-Soviet history of Russian philosophy (Russian versions of Marxism); (2) on the ideas, which were not presented in a systematic and complete form in printed works, but rather were expressed fragmentary in the context of researching other problems, in numerous lecture courses, and in interviews and personal conversations (revealing the specifics, structure and subject matter of K. Marx's philosophy; the system of Marxist philosophy). All K.N. Lyubutin’s ideas are relevant today, especially in the conditions of renaissance of Marx at the beginning of the XXI century.
Keywords: K.N. Lyubutin; Marxism; Karl Marx’s philosophy; dialectic of subject and  object; philosophy of praxis; Karl Marx’s philosophical anthropology; Russian versions of Marxism; structure of Marxist philosophy.

Download article TPL_IPL_ARTICLE_PDF
And I came to the following thought... (interview on the 80th anniversary of Konstantin Lyubutin)
Download article TPL_IPL_ARTICLE_PDF
Philosophic-historical Method of K. Marx

There is a variety of works devoted to the analysis of Marx’s philosophic-historical methodology. However, most of them are characterized by one-sidedness, which is caused by the consideration of Marx’s method either as being out of subject and strictly causal (Marxism-Leninism, Althusser); or making emphasize on the anthropological aspect (humanistic neo-Marxism); or even with the denial of any scientific character (Popper, Hayek). Following the results of critical analysis, the authors conclude that Marx's philosophic-historical methodology represents not a vulgarly interpreted «materialistic view of history», but praxeological interpretation of historical process. Relying on the materialistic historical dialectics, this interpretation comprises both the materialistic and «idealistic» view of history, because, according to Marx, history appears to be a result of the development of human social nature – the activity (Praxis), which is the synthesis of the material («work») and ideal (goal-setting) acts.

Keywords: Marx's philosophy of history, philosophic-historical methodology of Marx, materialistic view of history, praxeological view of history, materialist dialectics, historicity, alternativeness of history.

Download article Word
ON THE PROBLEM OF POSSIBILITY OF CONSTRUCTING SYSTEM OF EXISTENTIAL CATEGORIES IN KARL MARX’S PHILOSOPHY

Abstract: The article shows that in Marx’s texts from all periods of his work there are many categories with the existential semantics; nevertheless, they are not largely considered as significant categories in the terminological thesaurus of Marx’s thought. Such Marx’s key concepts as suffering, passion, sensuality, indifference, inhumanity, dehumanization, bestiality, enjoyment, anguish, joy of life, abomination, etc., remain beyond the analysis of his philosophy. Thus, the article raises the problem of the possibility of constructing a system of existential categories of Marx's philosophy along with a system of social and philosophical categories. The attempts made in the history of Marxist philosophy to take as the basic category of Marx’s existential philosophy such concept as alienation, embodiment, sensuality, need, lack, hardship, life, objectivity, human relationship to the world is considered. The author proposes to use the category of suffering (Leiden), which substantiates a fundamental characteristics of human existence as a human being through his/her partial (compassionate) attitude and the communication (Verkehr) with the world, as the basic concept for the construction of the system of Marx’s existential categories. Moreover, the attempt is made to develop the categorical consistency: suffering – praxis externalization (Äußerung) / assignment (Aneignung) – communication (Verkehr) – indifferent attitude to the world – inauthentic, alienated being in the world (Entäußerung, Entfremdung) –emancipation – true human being (Selbstbetätigung).

Keywords: Marx's philosophy, existential philosophy, system of philosophical categories, original category, suffering, categorical consistency.

Download article TPL_IPL_ARTICLE_PDF
ANALYSIS OF EXISTENTIAL PROBLEMS IN KARL MARX’S PHILOSOPHY

In the article, an attempt is made to prove that Karl Marx’s philosophy is one of the forms of existential philosophy (but not the Existentialism nor the existentialistic philosophy). The author understands it as a type of philosophizing where the main problem is the problem of the human being, of the authenticity and inauthenticity of his existence-in-worlds (in-der-Welt-sein), of his attitudes towards the world and non-indifferent experience of these attitudes. The author shows that all such basic questions of the existential philosophy are touched in Marx's philosophy, namely: problem of essence and existence, Existenz, being-in-world, suffering, authenticity and inauthenticity of human life, alienation (Entäußerung, Entfremdung), existential temporality, and historicity. Moreover, all these existential problems (and not just the problem of alienation) take place in Marx's thought through all its development, and not just during the early period of his work as it is usually considered. The author draws the conclusion that Karl Marx's philosophy represents the rationalistic, humanistic and revolutionary-optimistic version of existential philosophy. He considers that human life finds the authenticity not in-itself but only in active transcending of Existenz in the world.

Keywords: Marx's philosophy, existential philosophy, authenticity and inauthenticity of human life, alienation, suffering, existential non-indifference, existential temporality, historicity, freedom.

Download article TPL_IPL_ARTICLE_PDF
The Logic of Alienation and the Logic of Emancipation

The article observes different forms of subjective, social and existential alienation in modern capitalist society based upon private property, and possible means of overcoming and transcending those forms of alienation.

Keywords: alienation, private property, reification, commodity and virtual fetishism, illusion, transcendence of alienation.

 

Download article TPL_IPL_ARTICLE_PDF
PHILOSOPHY AS GENERAL THEORY OF SUBJECT AND OBJECT

In the article the authors attempt, on the basic of marx's philosophical anthropology, to represent philosophy as theoretical world-view [Weltanschauung], namely, as general theory of subject and object in their dialectical interaction. Authors draw the conclusion that philosophy is existential comprehension of human being-in-world [in-der-Welt-sein].

Keywords: philosophy, world-view, practice [Praxis], subject and object, human being, world, interaction, science.

Download article TPL_IPL_ARTICLE_PDF
The Social Foundations of Postmodernism: the Attempt of Marxist Analysis

Grounding on Marxist methodology of historical-philosophical investigation, authors analyze socio-economic and historical reasons of the beginning of Postmodernism. Authors conclude that Postmodernist philosophy is a natural form of mental representation of globalizing capitalism in the consciousness of certain part of intellectuals.

Keywords: postmodernism, marxism, critique and apologia of capitalism, determination of social consciousness and philosophy by structures of social being.

Download article TPL_IPL_ARTICLE_PDF

Korsakov, Konstantin

Candidate of Law, associate professor, senior researcher,

 

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

 

E-mail: korsakovekb@yandex.ru

 

Publications in yearbook
CRIMINOLOGICAL AND CRIMINAL-LEGAL ANALYSIS OF CONTEMPORARY ORGANIZED CRIME

Abstract. The article deals with diverse juridical and criminological characteristic of contemporary organized crime as one of the most socially dangerous and destructive phenomenon of our time. The author provides information about the history of organized crime in Russia, the main characteristics, qualitative and quantitative parameters of modern organized crime, recent changes of its level, dynamics, structure, and latency; he indicates the prevailing causes, conditions and prerequisites for the spread of organized crime. The article describes the main characteristics of organized criminal groups and criminal communities (criminal organizations). In addition, the article highlights and describes in detail the most destructive tendencies and prospects of development of organized crime at the present stage: focus on the implementation of the representatives of organized criminal associations into governmental institutions, law enforcement and regulatory powers; further expansion of corrupt relations, and the system of bribery of officials; establishment of control over the economic activities of large domestic enterprises; redistribution of property; yield on the transnational level, and hijacking of the business through raiding. The author argues for the need of re-establishment of specialized units combating organized crime in the structure of the bodies of internal affairs of the Russian Federation.

Keywords: organized crime; mafia; criminal behavior prevention; transnational crime; law enforcement; causes and conditions of crime; dynamics of crime in Russia; tendencies of development of crime; fight against crime.

Download article Word
RELIGIOUS APPROACH TOWARDS CRIME AND PUNISHMENT: FROM PRINCIPLE OF TALION AND BLOOD FEUD TO DOCTRINE OF REPENTANCE

 

Abstract: The article is devoted to the criminological doctrine, namely, religious approach to the phenomenon of crime and criminal punishment, which resulted from the massive spread of the Christian monotheistic doctrine and transforming religion into universal form of social control. The author shows that religious approach towards crime and criminal punishment, which replaced the rule of the talion and compensatory logic of blood feud established in penal practice, is aimed on the inward spiritual rebirth of the offender. Therefore, it involves clarification and comprehension of the motivations and causes of criminal behavior, as well as goal setting, guilt and mental processes of the offender, which previously were not taken into account by the enforces. The emergence of this concept was an important milestone in the history of the practice of the enforcement of criminal punishment, as well as in the criminological theory. It marked the transition to the assessment of objective characteristics of the criminal act in the interrelation with its subjective characteristics: fault, intent, motives, and goals. The author highlights that the doctrine of repentance has rather wide range of means and methods of the influence over the person who has committed crime. The main ones are the sincere recognition of his/her sinfulness, the inadmissibility of criminal behavior, and the desire to expiate the guilt actively. The article describes characteristic feature of such theological criminological approach as the demonic possession. In the enforcement practice, it appears in the elimination of distinction between criminal act and the intention to commit criminal act. The author shows that the concept of repentance was gradually replaced by classical criminological theory and positivistic tradition due to the secularization of public life.

Keywords: criminological doctrine; penology; criminal punishment; talion; blood feud; response to crime; criminal responsibility; repentance; penal practice.

Download article TPL_IPL_ARTICLE_PDF
Paradigmal Background of Discourse on Absolute and Utilitarian in Criminal Penalty

Abstract: the article is devoted to detailed review and analysis of scientific attitudes shared by the majority of scientists concerning the question of the nature, purpose and objectives of criminal punishment. The reasons and main features of two dominant approaches to criminal penalty as socio-legal institute – the absolute and utilitarian – are pointed out. The attention is drawn to the fact that conceptual frame of absolute doctrines of criminal punishment cannot be reduced only to the rule of the Talion, which presupposes the literal proportionality of punishment and crime. The conclusion is made that contemporary criminal penalty as the predominant resource in combating crime, which keeps the enforced and reimbursable essence, can and should pursue concrete practical goals and objectives. The article focuses on the two-fold nature of criminal punishment as an act of state coercion and resource, when the threat of its use enforces refraining from committing socially dangerous acts. The author expressed reservations about the current possibility to refrain from classic criminal punishment, and instead to use the variety of extra-legal methods of penalty practice, which affect natural human rights and have no borders of the intervention into the area of personal freedom, health and immunity.
Keywords: criminal punishment, paradigm, penological knowledge, retributive justice, retribution, criminal repression, the purpose of punishment, the grounds of criminal punishment, penological doctrine, the essence of criminal punishment.


 

Download article TPL_IPL_ARTICLE_PDF

Koryakina, Anna

Candidate of Philosophy, Assistant Professor, Chair of

Philosophy, Vyatka State University of Humanities, Kirov.

E-mail: desperado-integral@yandex.ru

Publications in yearbook
THREE VIEWS ON THE PROBLEM OF PARANORMAL

Abstract: The article presents three approaches towards the problem of so-called paranormal. The first could be considered as a subjective one: the paranormal phenomena are regarded as perception errors, imaginary objects, or abnormal visions. The second approach presupposes objective existence of such deviations and defines them as fundamentally knowable (although not immediately, but rather in the distant future; what is considered as paranormal in a given moment are only those facts, which contradict to the known laws of nature). The third view is based on the admission of objective character of paranormal too, but contrary to the previous version, this one is agnostic. Within this approach, the possibility of any reliable knowledge of the nature of paranormal is rejected. The reason for this is incompatibility of one or another kind of the observed phenomena with human cognitive ability. The authors elaborate the idea that a phenomenon, which most properly matches the concept of “paranormal”, is the one characterized by singularity, uniqueness, incompatibility with any known laws of nature and causal connections, and, consequently, unpredictable; a phenomenon, which is not a subject of verification and falsification, in other words, unchecked with scientific methods. However, the very possibility of such events (primarily, in the supernatural sense) is unlikely to be recognized as problematic so far.

Keywords: paranormal, laws of nature, cognition, individuality, probability, predictability

Download article TPL_IPL_ARTICLE_PDF

Koryakovtsev, Andrey

Candidate of Philosophy, Associate Professor, Post-doctoral student, Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg

E-mail: akoryakovtsev@yandex.ru

Publications in yearbook
Anti-Capitalist Revolution of Industrial Epoch^ Problem of Natural-Historic Limits According to Marxist Tradition

The first half of the twentieth century was the time of wide-ranged anti-capitalist (socialist or communist) movements. Industrial working class was their main driving force, and Marxism was one of influential ideological source. These movements had different empirical implementation, which were determined by specific social conditions of the particular country. Sometimes, these movements appeared in the form of acute political conflict (political revolution); in other times – in the form of economic and politic reforms. The totality of those movements could be defined as the worldwide social revolution, which resulted in change of fundamental social institutions and phenomenon: property, states, social psychology, and social relations. However, with regard to market and private property, the change was unfinished; in other words, anti-capitalist revolution unfinished by its nature. The unfinished nature directly or indirectly revealed itself in the Soviet society, and in Keynesian economics of the Western countries. The author considers the causes of this incompleteness. According to the author's opinion, they are rooted in the social nature of industrial working class. In its turn, the preconditions of its limited social opportunities are the industrial division of labor, and the alienated character of labor activity. 

Keywords: anti-capitalistic revolution, Soviet society, Keynesianism, neo-liberalism, K. Marx, Marxism, Lenin, Bernstein, division of labor, political alienation of labor, working class.

 

Download article TPL_IPL_ARTICLE_PDF
SOCIAL PROJECTS OF NEW TIME THROUGH THE PRISM OF CLASSICAL MARXIST METHODOLOGY

http://doi.org/10.17506/ryipl.2016.17.1.2136

Abstract: Key Marxist category is the socio-historical activity (practice). In considering Marxist view, the author identifies such a feature as projectivity – mental, conscious orientation towards the future. The success of human activity depends on the extent of consistency of purposes and conceptions with human conditions of activity, properties of its subject, and the quality of used means. The utopianism, an idealistic nature, parameters and characteristics, or, on the contrary, realism, – these are characteristics of the degree of compliance. Therefore, it is necessary to distinguish between proactivity and utopia. Non-Marxist concepts of social utopias are based on their mix. This leads either to apologetics utopian consciousness, or to condemnation of  transformative social projects. In both cases, it depends on political preferences and does not correlate to the scientific objectivity. Engels links utopian social projects of the New Time to special “way of understanding” of social development. The article clarifies that this “way of understanding” consists of methodological eclecticism. Based on Marxist approach, the article formulates three criteria of utopian quality. The first takes place when the thinker tries to detail to predict future social status. According to the second one, utopianism consists of the insufficiency of the means with the original idea of radical transformation of society. The third criterion is the discrepancy of the objective results of implementation of social projects and their original intentions, despite the fact that the project itself is practically possible. In the light of these criteria, the article analyzes social projects of the New Time, particularly focusing on the teachings of T. More, T. Campanella, F. Bacon, and J. Lock. He concludes that they embodies methodological and ideological polyphony. In each of them one can detect both features of bourgeois-democratic (liberal), and antibourgeois (communist/socialist) approach. Therefore, it is not correct to assign them to particular ideological doctrine.
Keyword: social utopia; social projection; human activity; Marx; Engels; More; Campanella; Bacon; Lock; utopian socialism; methodological polyphony; ideological polyphony; liberalism; communism.

Download article TPL_IPL_ARTICLE_PDF
Social Forecasts of K. Marx

The article is devoted to the prognostic potential of Karl Marx’s social theory. In particular, the author directs reader’s attention towards Marxist conception of proletarian revo- lution and modern process of socialization, which take place due to the development of high technologies. The article observes modern “consumer society” through the lenses of Marxian “global private ownership” social theory. Social potential of the Internet is analyzed in connection with the problem of direct social production raised by Karl Marx. The author concludes that Karl Marx was right in his prediction of the global proletarian revolution, although, his theory was not accurate in determining its particular results. Therefore, classical Marxism allows making prognosis about the future of social process. Such process in connection with growing socialization take place inside the capitalism and because of it. In so doing, classical Marxism gets shape as it is, especially in the case of proletarian revolution theory.  

Keywords: Marxism, social forecasts, working class, communism, revolutionary theory, L. Feuerbach, information technologies.

Download article Word
DIALECTICS AS PROBLEM OF CLASSICAL MARXISM

Abstract: The methodology is a key of understanding of philosophical teaching. The improvement of methodological technique is a fundament for the development of human thought. However, the study of the development of the methods of human thinking is still in embryonic state. Hegel and Feuerbach tried to describe the development of philosophy from the point of view of its internal laws but failed. Hegel subordinated history of philosophy to teleology. Feuerbach just started to criticize the teleological approach from anthropological point of view. The problem of method is very important for the Marxist tradition. The dialectical method is crucial for the understanding of Marxist thought. The article analyzes Marxist classics statements about method, as well as Soviet Marxists’ statements. The authors underline incompleteness and metaphoric character of Marx’ judgments on dialectics, as well as contradictions of Engels’ statements. The authors show the insufficiency of Soviet studies of dialectics and conclude that dialectics remains unsolved problem in Marxism. The particular part of the problem is the attitude of Marx's method to Hegelian method, and to materialistic and idealistic worldview. Philosophical trends, which dominate in post-Soviet period, do not eliminate this confusion. Today, certain revival of the interest towards dialectics is observed only in the Marxists tradition, yet contemporary Marxists do not see any problem in Marxist approach towards dialectics. They still just repeat in different ways what already have been argued by Engels and Lenin or, at the best, by Il’ienkov or Zinoviev. Nothing new has been investigated about dialectical method even nowadays, although it is assumed that philosophy is free from ideological control. Consequently, if the Engels’ dictum that “Marx’s worldview (Auffassungsweise) is not a doctrine, it is a method” is correct, we still know very little about this worldview, or, to be more precise, about its research potential. The reconstruction of the philosophy of classical Marxism is the only solution of the problem.

Keywords: dialectics, classical Marxism, materialism, idealism, Marx, Engels, Lenin, Plekhanov, Soviet version of Marxism, Il’ienkov, Zinoviev, methodology of social science, historical materialism, dialectical materialism.

Download article TPL_IPL_ARTICLE_PDF
Anthropology of Self-Alienation (Social-Phychological Theories of Z. Freud and E. Fromm in the Context of Phylosophical Antropology of L. Feuerbach, K. Marx and F. Engels)

The article is concentrated on the analysis of psychological aspects of the selfalienation. The authors critically consider psychological concepts of Z. Freud and E. Fromm from the point of view of philosophical anthropology of K. Marx and F. Engels.

Keywords: philosophical anthropology, self-alienation, alienation of labour, “Labour Theory” of F. Enges, anthropogenesis, materialistic understanding of history, archetype, social unconsciousness, social character, identification of individual, personality.

Download article TPL_IPL_ARTICLE_PDF
Pre-conditions os Institutional Stage in Evolution of Social Work

The article interprets the rise of the institute of social work as a necessary result of macro-revolutionary cycle in the first half of the XX c. and of the cultural evolution in industrial societies.

Keywords: institute of social work, macro-revolutionary cycle, bureaucratic society, modernized capitalism, social project of fascism, models of social policy, social care, social help, socio-economic model.

 

Download article TPL_IPL_ARTICLE_PDF
The Analysis of Widespread (Myths) About Marx's Philosophy

In connection with a growing interest to Marx's theoretical heritage, the article presents the attempt to consider various aspects and the reasons for inadequate under- standing of Marx’s philosophy (from almost complete lack of reading of Marx’s works and mixing his views with Engels’s ideas to scientist and humanistic excesses in its general interpretations). After critical analysis, authors conclude that Marx's philosophy is a system, which includes philosophical anthropology, social philosophy and philosophy of history. By virtue of the fact that the integrity of Marx's philosophy is funded on the aspiration to emancipate the human being from all forms of alienation and inauthentic being at all stages of the development of his theory, the authors oppose the division of Marx's work into «early» and «late» periods.

Keywords: philosophy of Marx, philosophy of Engels, neo-Marxism, Leninism, scientism, humanism, existential values, inadequate reading of Marx's philosophy, «early» and «late» Marx, an epistemological rupture (coupure epistemologique), the structure of Marx's philosophy.

Download article TPL_IPL_ARTICLE_PDF
American Marxology in the Context of Modern History (on A. Meggill’s Book «Karl Marx: the Burden of Reason»)

The article is devoted to critical analysis of marxological conception developed by contemporary American researcher in the context of social history of XX–XXI centuries.  

Keywords: marxism, modern social history, marxology, idealism, materialism, materialistic comprehension of history, rationality, dialectics, philosophical anthropology. 

Download article TPL_IPL_ARTICLE_PDF
Dialectical Synthesis in Marx's Social Theory

In the article authors analyze the forms of dialectical synthesis in Marx social theory.

Keywords: dialectical synthesis, concrete-historical analysis, methodology of social science, social theory, classiacal Marxism, dialectical interpretation of communist theory, philosophical anthropology, Feuerbach.

Download article TPL_IPL_ARTICLE_PDF