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Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)


Raab Ruslan

Higher School of Economics, Russia, E-mail: rraab@hse.ru

Publications in yearbook
Friedrich August von Hayek's Conception of Law: Between Liberal Ideology and Social Theory
The article is devoted to the re-problematisation of F.A. Hayek's legacy in philosophy of law and social theory. Taking as an example the works of SPSU professor I.Y. Kozlikhin, and some other works about Hayek's theory of law, the author demonstrates several inadequacies of the current literature on Hayek's legal philosophy. In criticizing these highly debatable approaches, the author describes multiple but rarely considered nuances of Hayek's conception of law, which seem to be necessary for adequate understanding of his works. In the author's view, only these details allow to cast some doubt on stereotypes about Hayek as a sort of “liberal ideologist” and unfold the true original potential of his philosophy. The main hypothesis of the article is that the key to this original potential lies not in Hayek's theory of freedom and market, but in his fundamental epistemological views. The ideal of freedom is not enough to discriminate between what is “just law” and what is not in hayekian theory. Only by the means of Hayek's epistemology we can separate law as “rules of just conduct” from other types of social institutions in his theory. This separation is based on broader epistemological separation of “simple” and “complex” phenomena in Hayek's theory of knowledge, which is reflected in his distinction between “organization” (Taxis) and “spontaneous order” (Kosmos). Since only the last of them represents a «complex phenomenon», it means that only a system of special meta-rational rules of conduct can provide an epistemically restricted social actor with an ability to act effectively in such a complex and rationally unknowable social structure. It is argued that only this “technical” capacity of meta-rational just law can be seen as the true basis of Hayek's theory of law. Neither hayekian theory of freedom, nor histheory of market can shed light on the Hayek’s most important and original contribution in the domain of legal theory. It is Hayek's epistemology that can be seen as the ultimate foundation of his conception of lawn.
Keywords: Friedrich August von Hayek; theory of law; law and institutional values; law and social order; epistemology
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Romanova Kira

Publications in yearbook
Social Reality of Russia: Problems and Trends of Modernization

The article deals with the modernization of Russian society understood as the creation of politically stable and democratic state, high-tech economy and social sphere. Based on sociological research, the author assesses their context, analyzes socio-cultural, political, economic, aspects of society, which experience social and cultural trauma, and often manifest themselves as simulacra. Structural deformation of domestic economy towards non-productive employment is accompanied by corresponding change of basic valuesof the society, leading to depreciation of human productive labor. The author defines the need for the appearance of leading actors (political actors) associated with productive labor that provides national treasure of Russia. They can determine genuine ideological objectives, methods, technological upgrades, and almost lead driving forces of modernization. The author tries to identify main problems of positive economic and political development of Russia and the regions, especially reactions of people and the government towards crisis and post-crisis situation, as well as perspectives of modernization of Russia's socio-economic and political systems.

Keywords: economic growth model, simulacrum, socio-cultural trauma, structural deformation of economy, subject of modernization.


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Human Resources in Context of Social Transformations: Problems and Tendencies

The paper deals with problems of development of human resources in conditions of contemporary social transformations. The author makes distinction between the notions: “human resources” and “human capital”. She gives retrospective review of changes of labor market in Russia. In addition, she analyses the change of evaluative attitude toward “human resources” on different stages of the development of contemporary society. The article points out main tendencies in the development of human resources. The article announces the research of the conflict between Russian society and individuals in the light of innovative aspects of technologies of stabilization. The article considers some issues connected with the mechanism of state influence on implementation of strategies of innovative development of the man of labor in its near and far perspectives.

Keywords: human resources, human capital, transformation, value system, social status, quality of life.

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The Transformation of the Social Institute of Family in the Situation of Changes of State and Property

The article is devoted to the analysis of transformation of family as a social institute, the loss of its social functions in the circumstances of the historical changes of state system and property.

Keywords: family, state, property, social institute, social functions, tendency of change in present-day family in Russia.

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Transformation of Values as the Sign of Changes in Society and Personality

The author considers transformation of the system of values as the indicator of modification in society, which in turn is the basis for personal system of values. The article describes several conditions of overcoming the systemic crisis and negative features in society.

Keywords: society, person, values, transformation of values.


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The Process of Social Adaptation in the Situation of Structural Crisis

The article is dedicated to the analysis of new processes of social adaptation of individuals and social institutions in the society, which struggles with structural crisis.

Keywords: society, person, social institute, adaptation, crisis, types and forms of adaptation.

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Ronzhina Olga

Department of Constitutional, Administrative, and Municipal Law, Law Institute, Siberian Federal University, Krasnoyarsk, Russia, E-mail: ronzhinakarimova@mail.ru

Publications in yearbook

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.

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Roy Oleg

Dostoevsky Omsk State University, Omsk, Russia, E-mail: roi_omsk@mail.ru

Publications in yearbook
National Security Policy: Priority-Setting
The need for security is one of the most significant human needs. The article discusses the theoretical content of this phenomenon, analyzes the existing approaches to its study. It highlights the features of security as a public good, localized at the national-state and individual levels. The work notes difficulties in the compatibility of these levels with each other and their internal inconsistency. It is emphasized that the main actor of public security policy is the state, which defines a list of special institutions designed to meet the security needs of citizens. Using the securitization theory as a theoretical and methodological basis, the author defines the main levels of analysis and forms of perception of security, highlighting its internal and external varieties. By the example of correlating the concepts of the executor of the function and the manager of security services, the features of the functioning of activities to neutralize security threats at the state and local levels are revealed. The article also summarizes the results of a pilot sociological study conducted in May – June 2022 and devoted to the analysis of the perception of security threats at the individual level, which made it possible to identify socially significant priorities in ensuring security. Based on the theoretical analysis of security as a public good and the results of sociological research, the author formulates the principles of the organization of state policy in the field of security and gives recommendations for its improvement. It is concluded that a deep connection between internal and external security factors requires a well-coordinated and well-thought-out policy for their synchronization. At the same time, the state needs to pay more attention to internal risk factors, considering such important social spheres as education, health and culture as components of security policy.
Keywords: security, public good, securitization theory, external threat factors, internal threat factors, danger, risks, functions, services
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Protected Areas: From Conservation to Development
The establishment and management of protected areas receives increasing attention worldwide. The article presents an analysis of the regulating practice of protected areas. Summarizing the experience of European countries and the United States, the author identifies the features of the legal regulation of protected areas in Russia, as well as trends in the formation and reproduction of these territories, which characterizes the current stage of development, and formulates problems arising within the framework of these trends. In addition, he identifies the basic functions of protected areas – compensatory  and recreational – and concludes that currently these functions are unbalanced in the practice of regulating the system of protected areas. Considering the development of protected areas as one of the ways to enhance the role of ecological tourism in Russia, the author demonstrates a disbalance of budgetary support between natural complexes with a compensatory function, on the one hand, and recreational, on the other. The article emphasizes that a sharp increase in funding for the improvement processes by budget line item of national project can have negative affect over the reproductive mechanisms of the development of the natural environment. The article attempts to apply the techniques of modelling into the management of protected areas in the cities.
 Keywords: protected areas; ecological capacity of the territory; anthropogenic pressure; improvement of public areas; landscaping; ecological tourism
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Rudenko Valentina

 Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences, Yekaterinburg, Russia, E-mail: emikh.valentina@gmail.com 



Publications in yearbook
Political and Legal Values of the European Union and its Member States: Does the Covid-19 Pandemic Have Transformative Potential?
The article analyzes the transformative potential of the COVID-19 pandemic as regards to the value system of the European Union and its member states. The methodology of the research is informed by certain provisions of transformational theories, the approach of S. Walby conceiving the crisis as a state of disproportionality between cause and effect, and the idea of E. Shils about the dynamics of interaction of value and institutional systems. The value foundations of the EU as an integration project are considered. The article analyzes the regulatory potential of this supranational entity and the effectiveness of its values foundations the crisis COVID-19 pandemic. It discovers the values collisions at the level of the member states of the European Union and their changes during the COVID-19 pandemic. The authors conclude that the pandemic has become a serious test for the European Union and its members as polities built on the basis of common values which are considered as one of the indisputable advantages of this association. The cascade of crises caused by the COVID-19 pandemic questions the entrenchment of many of the fundamental values of the European Union and demonstrate that their rootedness is significantly overestimated. There is a significant disproportion of the response measures and the key values that underlie the Union. The COVID-19 pandemic impacts comprehensively the values of the European Union. The basic European economic model, based on the recognition of the market as the main regulator of public relations, has been criticized, but at the same time, additional opportunities have opened up for adjusting social policy. The status and place of human rights come again into discussion. The conducted research is important for the further development of practices for responding to crisis phenomena.
Keywords: pandemic; values; human rights; human rights implication; COVID-19; European Union
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Rudenko Victor

Rudenko Victor

Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg. E-mail: rudenko@instlaw.uran.ru

Publications in yearbook
Entroduction of Editor-in-chief
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Abstract. The article analyzes forms of citizen participation in public decision-making as alternative to traditional institutions of citizen participation (public discussions of draft laws, public hearings, citizen participation in public councils formed by governmental bodies, etc.). The author shows that the main disadvantage of traditional forms of citizen participation is the absence of mechanisms that ensure an independent and competent public discussion of the most important public problems. Therefore, in his opinion, these
institutions to a greater extent provide a policy of interests that expresses the aspirations of elite groups, but not the civil society. The author turns to the theory of deliberative democracy and associated concept of an aleatory democracy. He analyzes the potential forms of citizen participation in the implementation of public power based on the institution of draft (some forms of mini-publics). The article shows that the modeling of these forms is closely connected with the evolution of juries and, in particular, with the establishment of cross-sectional ideal in order to form their panel in the United States in late 1960s. The newest forms of aleatory democracy are considered. The author analyzes advantages and disadvantages of these forms, and experience of their practical implementation. He concludes that the forms of aleatory democracy to a large extent ensure rational communication between civil society and the state, as well as local self-government authorities. The development of these forms in the future can help to overcome crisis of contemporary liberal democracy.

Keywords: aleatory democracy, deliberative democracy, jury, mini-publics, planning cells, citizens’ juries, consensus conferences, deliberative polls, citizen’s assemblies, clear citizen’s jury, citizens’ parliament, cross-sectional ideal, cross-sectional jury.

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The article reveals content of the modern crisis of the conciliatory political systems and the growth of populism caused by it. According to author’s opinion, the crisis of the conciliatory political systems is determined by the following factors: the elitist character of the modern democracy; traditional political parties’ loss of the interest’s representation function; transformation of the social structure, in particular, the appearance of precariat and other social groups with unprotected rights. The author sees these processes in the context of the recent dominance of such type of rationality as neoliberalism. He shows how neoliberal politics contributed to the destruction of the foundations of liberal democracy, and the formation of a populist scenario of protecting the rights of citizens. He characterizes the main features of this scenario: anti-elitism, ethnic nationalism, and political egocentrism. The author argues that the disadvantage of such strategy is shifting the focus from the universal concept of protecting human rights to the particularistic concept of protecting the rights of “people”; restriction of the rights of social groups that do not correspond to the concept of “people”; democratic extremism and authoritarianism. In the author’s opinion, and in connection with the growth of the populist threat, it is necessary to find ways to reconcile the interests of all social groups in modern society.
Keywords: rconciliatory political system; liberal democracy; neoliberalism; populism; human rights; “people”; “people's rights”; anti-elitism; ethnic nationalism; political egocentrism; democratic extremism; authoritarianism
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Abstract. The article shows that human rights protection axiology in the contemporary world is based primarily on the perception of non-participatory (elitist) democracy. That perception presumes that the state bodies make the most important public decisions without active citizens’ participation. Therefore, the policy of interests, which is based on the decisions of majority and on the expression of intentions of the main political activity’s actors, becomes the value dominance in human rights protection. The dominant strategy of the elective state bodies is the constitutionalization of human rights’ norms aimed on their judicial protection. At the same time, citizens perceive human rights as established and bestowed by the state powers. The author argues that the disadvantage of such strategy is the permanent threat of human rights’ restriction coming from the state. In his opinion, it is necessary to prevent that threat not through making the particular institutional improvements, but through appropriating values of deliberative democracy. The author of article provides comparative analysis of the elitist and deliberative democracy values. The article demonstrates that the shift towards an emphasis upon communicative discourse in human rights’ axiology contributes to the development of the new strategy in human rights protection. Such strategy is based on the accommodation and articulation of the interests of public, which perceives human rights as a public good. Based on such assumption, the author describes different forms of manifestation of the deliberative democracy in human rights’ axiology. He underlines the value of citizens’ control and other forms of citizen participation for human rights protection. The author concludes about prospective viability of the participatory model of human rights protection in the contemporary world.
Keywords: human rights, human rights protection, axiology of human rights protection, non-participatory democracy, deliberative democracy, the dominant values of nonparticipatory democracy, the dominant values of deliberative democracy.

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The Grand Jury as the Institute of Citizen Participation in Judiciary

Citizen participation in grand jury for the determination of criminal charges’ reasonableness and the necessity of indictment are analyzed. The types of grand juries, their tasks and the duties of grand jurors are described.

Keywords: grand jury, investigatory juries, juries of accusation, regular grand jury, special grand jury, federal grand jury, state grand jury, county grand jury, multi- jurisdiction grand jury, grand jury composition, grand jury’s jurors, grand jury’s foreman, grand jury's clerk, grand jury’s secretary. 

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Democratic Rule of Law and Political Ragimes (Russia and Post-Soviet Countries)

The author develops possible models of political regimes in situations of compatibility/ incompatibility of rule of law and democracy, while maintaining liberal approach to the rule of law. Не applies the methodology proposed by Tilly Charles, however, he takes into account three indicators for description of possible models of political types (potential of rule of law, potential of state, and potential of democracy), instead of two indicators (potential of state and potential of democracy). Based on the proposed approach the author analyses two types of democratic and four types of undemocratic regimes. As shown in this paper, introduction of an additional indicator allows proper evaluation of the dynamic of political regimes’ change in various countries (compared with Freedom House, etc., methods). The author turns to problems of the rule of law and democracy in Russia and in the independent states that emerged after the disintegration of the USSR. The author, using these three above-mentioned indicators, argues that the conclusions made by today’s political science about the current process of de-democratization of political regime in Russia after 1995 are not compelling. He also argues that the political regime in Russia was not democratically oriented before, as well as after 1995. It remains the regime with inadequate potential of the rule of law. The only thing that changed after the disintegration of the Soviet Union is the type of non-democratic political regime. The author underlines that the main course for development of Russia and post-Soviet countries should be democratic political regimes based on the idea of democratic rule of law. However, the development of Russia and some other countries (Azerbaijan, Belarus and the countries of Central Asia) in this direction has faced with challenges in proper interpretation of democratic rule of law. Among these challenges the author mentions anti-Western sentiment and relativistic approach to human rights and democracy; identification of rule of law with rule by law; instrumentalist approach to law; para-constitutional practices. He ties the progress toward democratic regimes with overcoming these challenges and achieving the situation of compatibility of high potentials of rule of law, state, and democracy.


Keywords: rule of law, democratic rule of law, democracy, rule of law potential, potential of state, potential of democracy, types of political regimes, post-soviet countries.


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The Institute of Draft Lottery in Recruitment to USA Army: Problems of Randomization

The author analyzes the legal aspects of draft lottery in recruitment to USA army through considering experiences of conscriptions during the American Civil War, World Wars I and II and the Vietnam War. The significance of those experiences for legal regulation of draft in the framework of Selective Service System (SSS) is described.

Keywords: Draft, conscriptions, lot drawing, draft lottery, randomization, Selective Service System (SSS).


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The Institute of Draft in Formaton of Sheffen Courts Composition in Germany

The article analyzes the role of draft in formation of independent and impartial composition of the people's judges in German Sheffen  Courts.

Keywords: mixed courts composition, the institute of draft, drawing, lay judges, sheffens, selection of sheffens.

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The iInstitute of Draft Lottery in Recruitment to the Military Forces: Experience of the Russian Empire and USSR

In the article the author analyzes the legal institute of draft lottery. This institute had been used for drafting of recruits into the army in Russian Empire (XVIII – the first half of XIX centuries) and for implementing of the general conscription to the military forces in the conditions of universal military obligation in Russian Empire (the second half of XIX – the beginning of XX centuries) and in the first years of USSR as well.

Keywords: recruits, draft, lot drawing, draft lottery, military appeals.

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Russian Megapolises: from industrial Centers towards Strategy of Multifunctional Agglomeration

The article analyses specific features and results of Soviet and Russian industri- alization in a comparison with dominating world trends. In addition, the possible ways of post-soviet transformation of Russian megacities are examined. The particular emphasis is put on the analyses of today’s situation. The article provides arguments in favor of the strategy of cohesion of large cities with satellite towns. The authors stress that the improvement of the weaknesses of the Russian cities conditioned by Soviet path of development is connected with the transformation of industrial centers into multifunctional agglomeration. The periphery of such agglomeration is able to become a place of enhanced development that will help to balance quality of life in city cores and suburbs, as well as it will promote infrastructural de-concentration and shifting resources to the most disadvantaged urban spaces. As a result, the network of Russian megacities will transform into geographically extended centre attracting resources from the world system and stimulating the growth and modernization of Russia.

Keywords: megapolis, mono-town, urbanization, agglomeration, diversification, urban network, urban development strategy.

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Introduction of Editor-in-chief
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Introduction of Editor-in-chief
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Introduction of Editor-in-chief
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Introduction of Editor-in-chief
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Introduction of Editor-in-chief
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Rusakov Vasiliy

Department of Philosophy, Institute of International Relations, Ekaterinburg, E-mail: dipi@nm.ru

Publications in yearbook

The article describes the stages of development of Russian philosophy of law and makes distinction between “Russian Philosophy of Law” and “Philosophy of Law in Russia”. The authors demonstrate the value of those concepts for the rise of legal consciousness in Russian society.


Keywords: history of philosophy, history of Russian social thought, Russian philosophy, philosophy of law, legal consciousness, law and morality.



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Rusakova Olga

Rusakova Olga

Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg, E-mail: rusakova_mail@mail.ru

Publications in yearbook
Contemporary Political Theory/Philosophy in the Mirror of Matthew J. Moore Research

The article isdevoted to critical analysis of the results of research of the status of contemporary American political theory/philosophy, conducted by Matthew J. Moore. The results of the research were presented at the APSA Symposium in 2009.The importance of the research carried out by M. J. Moore, as well as the importance of its goal - defining the place of political theory in political sciences, obtaining information about the level of influence of particular political philosophers on the minds of American political theorists and on the participation of respondents in the activities of public and scientific associations is underlined.Moore’s commitment to quantitative approach in analyzing scientific outlook of political theorists, as well as subjective method used in rankings contemporary and future political theorists of our time and the near future, is criticized. The authors express their appreciation of a number of critical comments made by Moore’s reviewers during the discussion. At the same time, the research done by Moore, to authors’ opinion, may encourage similar studies in other national communities of political sciences, including Russian political philosophers.

 Keywords: political theory, political philosophy, political theorists, American political science, American Political Science Association, positivism, qualitative methods, qualitative methods.




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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.

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

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The Concept of "Soft Power" in Contemporary Political Philosophy

The article considers the main interpretations of the concept of "soft power" in contemporary political philosophy and proves the relation of this concept with postmodern theories of discourse, temptation, fluid modernity, knowledge society, concepts of identity, symbolic politics.

Keywords: concept, soft power, political philosophy, discourse, temptation, identity, symbolic politics.

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Contemporary Interpretations of the Subject Sphere of Political Philosophy: Methodological Analyis

The author analyzes the following methodological approaches toward the subject of political philosophy: positivistic, values-based, deontological, conceptological, multiparadigmal, discoursive, structural-philosophical.

Keywords: subject sphere, political philosophy, positivism, values-based approach, deontological approach, concept, concept-sphere, paradigm, discourse, feminist theory.

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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.

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The Intellectual Marks and Discoursive Turns in the History of the Contemporary Political Philosophy

The article deals with the intellectual marks and discoursive turns in the history of the contemporary political philosophy since the 1950s. In the context of the concrete historical and intellectual situations the contribution of the foreign and soviet-Russian authors into the development of actual political philosophy problems is exposed.

Keywords: contemporary political philosophy, intellectual mark, discoursive field, dis- coursive turns, discoursive complex.

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Ruvinskiy Roman

Nizhny Novgorod Institute of Management – Branch of RANEPA, Nizhny Novgorod, Russia, E-mail: ruvinskiy-rz@ranepa.ru

Publications in yearbook
Data-Driven Regulation: From the Rule of Law to Public Loyalty Programs
The article focuses on the long-term trends in the development of a regulatory mechanism of social relations, determined by the introduction of digital technologies for processing reputational data on the behavior and characteristics of individuals and organizations into the public administration. The first part of the research examines the regime of the rule of law established in the age of modernity, highlights its vulnerabilities and the difficulty of maintaining it in the face of specific modern challenges forcing the world elites to fundamentally reform social institutions and subsystems (economy, energy, healthcare, etc.). The second part is devoted to the characterization of existing data-driven regulation technologies, considering their transformative impact on the rule of law regime. The third part presents predictive characteristics of the emerging system of social regulation; special attention is paid to the role of ethical norms in constructing a new system of social regulation over and instead of the institutions of the rule of law. It is emphasized that modern mechanisms of regulation and control, based on intelligent data analysis and often involving some form of assessment of the behavior of subjects, are super-structured over existing systems of positive law, but can easily be used to expand the control of authorities in public relations that go beyond the scope of legal regulation. Such mechanisms may include increased requirements for access to social goods and require compliance not only with legal, but also with moral and ethical norms, professional standards, and arbitrarily interpreted customs. The author concludes that the regulatory datafication results in the actual replacement of the mechanism of legal regulation by extended compliance systems, often based on opaque norms of unclear origin. The institutions of the rule of law and the regime of the supremacy of law, presupposing the certainty of norm-setting and democratic control over lawmaking, are being replaced by loyalty programs fostering only obedience.
Keywords: rule of law, legal regulation, social credit system, digital transformation, digital profile, ethics, compliance, big data
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Ryabushkina Tatyana

National Research University Higher School of Economics, Moscow, Russia, Е-mail: ryabushkinat@yandex.ru


Publications in yearbook
“Life is Knowledge”: S. Frank and West European Transcendental Tradition of Understanding the Phenomenon of Life
 The article is a transcendental phenomenological research for the phenomenon of life that shows how from the point of view of theory of knowledge it is possible to explain the consciousness of the difference between animate and inanimate objects, as well as changes in the understanding of this difference in the development of West European thought. The analysis of Kant's conception of a “natural purpose” and Husserl's conception of the “lived body” shows that the living being differs from the inanimate object by the special character of causality. However, Kant's apriorism can’t explain the existence of various types of objects, such as the animate and the inanimate, in conscious experience that subjects to general a priory forms. Kant is forced to admit that it is impossible to cognize a priori the special causality of the living beings – causality, which is not reduced to the “efficient cause” that determines the objective order of phenomena. Husserl fails to show that the phenomenon of life is rooted in subjectivity, i.e. he fails to understand the phenomenon within the framework of the phenomenological project of understanding consciousness as the single field of sense-giving. Moreover, the late reflections of the philosopher demonstrate the impossibility of constituting the animate object within passivity – the deepest layer of sense accomplishments that precedes ego’s synthetic activity. S. L. Frank’s studies show that the basis of the spiritual unity is the unity that goes beyond the sphere of consciousness. It allows Frank to prove that there is an inseparable connection between life and knowledge, but his understanding of life as absolute being cannot be considered as proved. Clarifying the relationship between the concepts of “life” and “knowledge”, the author shows how the change of cognitive attitudes brings a new understanding of the place and role of life in the human-conscious world. First, there is a change from the identification of truth and life, from the recognition of the world as an alive world to the assertion of the existence of not only animate but also inanimate things, then, there is a reduction of life to the organism – the subject of biology, and finally – the gradual disappearance of life from consciousness, erasing the semantic boundary between a living being and a machine. 
Keywords: transcendental philosophy; phenomenology; subjectivity; constitution; transcendence; lifeworld; lived body; passive synthesis; all-unity; alive knowledge; living being; inanimate object; the conscious; the before-conscious
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Abstract: The article analyzes the relationship between temporality and causality as causation that forms the structure of conscious experience. It is traditional for phenomenology and transcendental philosophy to posit temporality as a fundamental characteristic that determines the existence of consciousness. According to D. Hume, perceptions succeed each other, and nothing persists through change. For I. Kant, every synthesis is necessary condition of time-consciousness. In E. Husserl’s theory of constitution, the content of one’s current experience is shaped by the quasi-temporal flow. For M. Heidegger, ‘original temporality’ determines the horizon of Being. According to J.-P. Sartre, time is a condition of possibility of consciousness as existing at a distance from itself. However, the attribution of fundamentality to the temporal flow leads to a simplified understanding of causality. If to suppose that the temporal flow of consciousness is an immediately given basis of conscious experience, then there is no need to consider a causal relationship as a connection that explains emerging of new contents of consciousness and their order. Since new сontents are delivered and ordered by the temporary flow, the question of the conditions of newness is not posed. According to Hume, causality arises from a habit of mind to repeated sequence of experiences. In Kant’s view, causality is a rule that gives the sequence an objective character. Referring to non-obviousness of causal laws, Husserl diminishes the role of causation in consciousness. The assumption about the priority of temporality in comparison with causality determines the poststructuralist thought (the most typical example is the concept of J. Derrida). According to the author, the abyss between the idea and its embodiment and between the mental and the physical world, as well as the impossibility to find a place for freedom in the phenomenal world, are
the results of primacy of temporality over causality.
Keywords: phenomenology, transcendental philosophy, perceptions, temporality, causality, intentionality, the quasi-temporal flow of consciousness, subjectivity.

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Paradigmatic Transformations of the Western European Theory of Knowledge: From the Formal Distinction ‘Classical – Non-Classical’ to Search for Meaningful Definitions
The article is aimed at revealing the key features of epistemological paradigms, which change each other in the process of development of Western European thinking. The need for such a study is due to the fact that the distinction ‘classic – non-classic’, which is accepted in Russian philosophical literature, has a formal character. The non-classical paradigm is defined by indicating the absence of certain features of the classical (Cartesian) paradigm, such as, for example, fundamentalism, self-centrism, science-centrism, but not by finding the internal principle of each paradigm, on the basis of which its secondary features and the structure specificity of the conscious world of the corresponding epoch could be derived. In search of the basis for paradigm differences, the author turns to the analysis of the classical paradigm. As the analysis shows, it is determined by a change in understanding of the key epistemological opposition – the opposition of our knowledge of reality and reality itself. Тhe ancient and medieval opposition of the sensible and the supra-sensible is replaced by the opposition of subjective and the objective. Thus, the distinction between our knowledge of reality and reality itself is moved into the area of the conscious (sensible) world, which gives rise to the process of autonomization of this world from another world. This key feature allows us to outline the classic epistemology and answer a number of debatable questions, for example, the question of whether I. Kant and G.V.F. Hegel are the classical philosophers. As the subject-object relation becomes a key epistemological relation, the further paradigm shifts are determined by changes in understanding of the character of this relation and its role in cognition. The author of article shows that the non-classical paradigm, the formation of which begins in the works of A. Schopenhauer, brings with it a denial of the division of the conscious world into subjective and objective contents and the transformation of the relation ‘subject – object’ into the correlation ‘objectification – object’, which implies the exclusion of the subjective from the sphere of consciousness. The analysis allows us to conclude that, contrary to M. Heidegger, the age when the world becomes a picture is not the classical, but the non-classical epoch. It can be called the epoch of total objectivism, the reverse side of which is subjectivism. The next paradigmatic shift is prepared by the transformation of the world-picture into the world-text, in which the subject-object relation loses its structure-forming role in the conscious world. As the study shows, the change of the cognitive attitude that determines the structure of the conscious world is carried out through the assumption of a new distinction between the known and the unknown.
Keywords:classical theory of knowledge, non-classical theory of knowledge, the cognitive attitude, the conscious world, the sensible, the supra-sensible, the subjective, the objective, Rene Descartes, German idealism, subjectivism, objectivism, Arthur Schopenhauer, Friedrich Nietzsche, Ludwig Wittgenstein
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The claim that human understanding is grounded in receptivity of mindindependent reality despite its historical anteriority and accordance with intuition of ordinary consciousness becomes invalid in the process of development of phenomenological thought. The reason for denying receptivity is a lack of conformity between separate sense data and concepts as involving unifying functions. An assumption that the results of the receptivity initially have connections does not solve the problem of knowledge of “the things themselves”, because these connections are different from connections of the things. Denying receptivity to otherness phenomenology explains the manifold and originality of contents of consciousness in two alternative ways. The first way is that the things of the world with their horizons are formed as a result of passive synthesis (E. Husserl); the second way is the assertion that the condition of knowledge is original openness of being (M. Heidegger, J.-P. Sartre, M. Merleau-Ponty). Husserl denies the receptivity because for him phenomenology is egology, and subjectivity is the ultimate basis of explanation of the world. According to Husserl, the results of passive synthesis are the products of subjectivity, on the one hand, and the objects that are pre-given to egoic synthetic activity and make it possible, on the other hand.
The author shows that Husserl’s presentation of the problem is true: it is in subjectivity that the basis of our consciousness of the world is to be found. The concepts claiming the original openness of consciousness to alterity overlook this important issue and consequently face fundamental difficulties. Concerning Husserl's solution to the problem, it is not acceptable. The given study proves the need for a new consideration and further rethinking the concept of receptivity in such a way that it could become a working concept of a transcendental-phenomenological theory of knowledge.
Keywords: transcendental philosophy, phenomenology, perception, subjectivity, receptivity, the myth of the given, passive synthesis.

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Abstract: The idea of pre-reflective consciousness arises in response to difficulties that occur in the process of searching for the foundation of the unity of our conscious experience. The basis of the experience could not be found in the experience itself and lies beyond the world of objects. Could we distinguish a single classical way of transcendence? If so, what is that way and what are its fundamental difficulties? Could the idea of prereflective consciousness be consid-ered as the basis of another method of transcendence? The author argues that the classical method of transcendence of the experience bases on temporality and substantiality – the structures that are found by the way of reflection. Being necessary for any experience, these characteristics are pro-jected to a source of experience and understood as characteristics of subjectivity. Sartre indicates that selfconsciousness is enclosed in the awareness of transcendent object. It is so-called prereflective self-consciousness. However, Sartre’s ‘pre-reflective’ self-consciousness is reflective self-consciousness. Indeed, the conscious as such is neither any object nor a collection of objects. The consciousness itself is Nothing – that is Sartre’s modification of substance. Time is the condi-tion of possibility of the consciousness. Reflexive transcendence always turns out to be unjusti-fied, since it is based only on positing of the immediate characteristics of subjectivity. What is another way of transcendence? The consciousness should be presented not as a kind of an imme-diate givenness, but rather as the result of self-knowledge. A certain “givenness” of subjectivity is the condition of possibility of the consciousness; however, this “givenness” could not be con-scious, i.e. available for reflection. We can only talk about the pre-reflective pre-conscious “givenness” of self, but this “givenness” is not something initially and directly accessible, but a result of pre-conscious cognition. Therefore, the object of self-knowledge could not be initially identical to the subject of self-knowledge.
Keywords: phenomenology, transcendent, subjectivity, temporality, substantiality, prereflective self-consciousness, core self-consciousness.

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Abstract. The article deals with the question of the possibility of implementing phenomenological project, which is aimed at understanding of the whole content of experience constituted by consciousness. To achieve the goal of transcendental philosophy – a clear understanding of oneself as the subjectivity functioning as primarily source – E. Husserl moves from description of things of the intuited surrounding world (life-world) to the analysis of successively lower layers of the sense accomplishments. In doing so, he faced the impossibility to describe how the primal hyletic configurations that determine the unity of the absolute flow of consciousness form in the process of passive genesis. Husserl’s analyses of passive synthesis points to the openness of consciousness to alterity. The “alterity” of original unities means that they not only do not require the ego’s activity, and therefore seem to be alien to consciousness, but are really alien to it. Paradoxically, while being other to consciousness, primordial unities play a key role in its organization, making possible the structure of the “living present”. Husserl’s account of consciousness as receptive to what is alien to consciousness creates a basis for comparing his ideas with the ideas of S. L. Frank. The Russian philosopher argues that a foundation of “transcendental objects” is a “concrete super-temporal allencompassing unity” as absolute being, outside the relation, to which consciousness would be impossible. The article proves that the recognition of dependence of consciousness on the pre-conscious layer of subjectivity opens the way of solving the problem of the structureforming grounds of conscious.

Keywords: transcendental philosophy, phenomenology, subjectivity, constitution, transcendence, passive synthesis, all-encompassing unity, living knowledge.

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Ryazanova Svetlana

Perm Division, Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Perm, E-mail: svet-ryazanova@yandex.ru

Publications in yearbook
Categorial Apparatus of Religious Studies: Limits, Principles, Paradigms

The article is devoted to the main tendencies in contemporary religious studies and to the principles of their coexistence with other humanitarian disciplines including the indication of common and particular features of this process. The cultural and civilization factors, which influence formation, self-determination and development of religious studies, are considered. The most important problems of the genesis and the evolution of categories, which carry out demarcation functions for philosophy of religion and related disciplines, are defined. A number of central categories, which structure the space of discipline and have impact over the functioning of related humanitarian subjects – religion,  myth, new religiousness, freedom of worship – is allocated. Particular attention is paid to semantic basis of the formation of categories, as well as to principles of classification of definitions and limits of interpretation of used categories and terms. Admissible ways of diminishing the shortage of universal definitions in religious studies are defined: expansion of research field; change of research priorities; use of inter-disciplinarily approach; pragmatism in selection of categories; situational approach in selection of basic definitions.

Keywords: religion, myth, religious studies, paradigm, scientific approach.




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

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Myth in its Correlation with Religious and Secular Types of Worldview

The article is devoted to the specifics of mythological type of worldview, which distinguishes it from religious and secular ways of perception of the world. The features of myth, which defines traditional and new mythological systems, are specified. Myth is considered as the actual cultural form based on qualitative characteristics of the world. The main characteristics of myth are understood as the entities, which have not been changed in historical process. The human being acts as the main subject of myth-genesis that influences specifics of mythological worldview. Features of religious worldview are marked out by the understanding of the person and the world as dualistic. The religion is considered both as consolidating and disintegrating factor of public life, which determines historicism of the worldview. The secular form of culture is defined as anthropocentric, making the greatest number of ways of life of the person in culture, and cultivating the idea of freedom in Western culture.

Keywords: myth, religion, secular culture, mythological systems, images of man in myth.

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Secular Variant of Contemporary Religiousity: the Evolution of Social Myth

The article describes specific features and the role of social myth in cultural space and their changes in the transformation of worldview forms.

Keywords: mythology, religion, secular culture, social myth.

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

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

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

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Rykov Anatoly

Sochi City Administration, Sochi, Krasnodar region, Russia, E-mail: a.n.rykov@gmail.com

Publications in yearbook

Abstract. The article is based on legal comparative and historical methods; it examines the thesis of non-state nature of the lower level of public authority, or so-called “social principles” in the nature of local self-government. At the same time, it is shown that opposition of “social principles” to the state nature of local authorities directly contradicts the notion of local self-government as a form of democracy, and as a way of exercising the power belonging to people. Further, the author proves that public nature of municipal authorities predetermines imperative character of any prescriptions coming from them.
In addition, the article raises issues of interaction between local government and public authorities. Based on the analysis of legal constructions, practice, forms of relations between state and local authorities, the author shows that today the local self-government in fact is the lowest level of a unified state-municipal system of public authorities. Any differences between municipal bodies and bodies of state power due to “specific nature” of the latter cannot be revealed. Consequently, general conclusion concerning the absence of so-called “non-state nature of local self-government bodies” is drawn. Equally, groundlessness of the provision that current federal legislation presupposes any “special institutionalization of municipal power” is shown. The conclusions of theoreticians regarding state and non-state nature of local self-government are studied separately. Basing on these conclusions, the article further examines such terms as “interest”, and “public interest”. It is well-known that classic application of the first term in Russian law is connected either with the interests of the state or with the interests of society (or its individual representatives – for example, civil law often refers to such a term as “legitimate interests of citizens”). The introduction of “public interest” is the attempt to unite two types of interests – private and public, which are different in content.
“Public interest” is not just an interest of society, but also the interest sanctioned (recognized and publicly expressed) by the public authorities. Different levels of public authority transform it into different, even alternative needs. Moreover, a state goal is to find and legally fix mechanisms that would allow building a balance of such interests, subjecting them to the common weal. In this regard, the author concludes that as soon as law objectifies any public interest, it becomes common to the entire system of public authorities, and the balance of these interests is based on the principle of internal noncontradiction. A vivid example proving this thesis is the observance of the principle of permitted use of municipal property including the existence of an exhaustive on-object list of property intended for decision on matters of local significance. However, as soon as this public interest is changed, the rules related to it are subject of simultaneous change; in the above-mentioned case, the corresponding lists were excluded from the federal law. Given arguments, as well as experts' views on correlation of concepts, indicate that the concepts of “public interest” and “state interest” correlate in a whole, as well as in parts; namely, state interest is an integral part of a wider (whole) public interest.

Keywords: state authority; local self-government; public authority; autonomy of local self-government; municipal authority; population of the municipality; non-state essence of local self-government bodies; nature of municipal authority.

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