20 (1)
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2020
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catalogue – 43669
ANTINOMIES
Foundation of journal. Issue topics About journal

Autors

Saburova, Lyudmila

Candidate of Philosophy, Senior Researcher, Udmurt

 

Division, Ural Branch of the Russian Academy of Sciences, Iszevsk.

 

E-mail: sabur@udm.ru

 

 

Publications in yearbook
ELUSIVE TRUST IN DIGITAL COMMUNICATIONS: WHAT CONNECTS USERS IN ONLINE COMMUNITIES?

Abstract. The article is devoted to the issue of relevance of applying the category of trust to the analysis of Internet communications, and to the analysis of the integration in online communities in social networks, in particular. Nowadays, the issue of trust or distrust towards online communities and integration in Russia becomes the factor that sharply splits society and pushes the state to tighten control over the Internet; the issue of trust as an internal factor of the online communities becomes relevant not only theoretically but also politically. The authors attempt to understand the processes of horizontal integration in online communities that quite differ from the genesis of real communities arising in vertically integrated social structures, or adapt to a vertically oriented social environment. We use “grounded theory” approach to analyze the dynamics of mobilization-type online communities in the social networks Vkontakte and Facebook. Weak significance of the interpersonal trust factor in the functioning and development of the observed communities is revealed. The contradiction between this fact and the established ideas of trust as the basis of social interaction and a key component of the social capital can be explained by clarifying the specifics of interaction in online communities. This specific can be described through following features. Firstly, there is institutional trust “at the entrance” to the group, based on the user's loyalty to the values, rules, and norms of the group. Secondly, there is the lack of a hierarchical structure that reduces the role sets and role expectations to minimum. Finally, it is the prevalence of the “weakest” type of links comparing with “strong” and “weak” ones, implying the absence of personal links, and preventing the expansion of the “culture of distrust” into online reality. Horizontal integration is not typical for all kinds of online communities. Nevertheless, the growth of online communications in the world, and inRussia, in particular, allows us to predict the growing influence of the “trust culture”of “online sociality” as an alternative to the culture of distrust inherent in hierarchical societies.
Keywords: trust; institutional and interpersonal trust; online communities; horizontal and vertical integration.

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HEALTH AS SYMBOLIC CAPITAL: PECULIARITIES OF CAPITALIZATION AND SOCIAL EXCHANGE IN HEALTH

Abstract: The article deals with an approach to health as social phenomenon. In this context, the notion of “symbolic capital” is explored. Outside the clinical practice, the concept of health is actually presented in everyday social life and used as a designation (symbolization) of the quality and style of life. In the field of social interaction, the individual experience of health and related physical or spiritual practices becomes an interactive phenomenon, where an investment in health as a symbolic capital and exchange of symbolic resources with other types of resources is simultaneously carried out. Health as a symbolic capital is constructed and consumed in dialogue with different agents of the social world. The article analyzes the strategies of capitalization of health as a symbolic resource. The direction and amount of investment in health is defined by fields of symbolic power that claims the value of health and healthy living as self-evident
and self-valuable. Two most important fields of symbolic control in the sphere of health in the modern world – academic medicine and religious and philosophical systems – are described. Symbolic capitalization in these fields takes place through the construction of an individual image of “healthy person”, or “person following healthy lifestyle”, or “spiritual person”. In this context, health designates itself as the external form of social and individual life. Such form of constructing the “image of health” becomes the point of generation, replication and multiplication of symbolic capital at the individual and group level.
Keywords: individual and public health; symbolic capital; healthy lifestyle; selfpresentation; construction of image of health; capitalization; exchange; symbolic power.

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Safiullina, Gulnara

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

E-mail: youthfulness@mail.ru

Publications in yearbook
The Continental Concept of Representation

The article describes the modern concept of representation in Russian Federation with reference to the legislation of continental European countries. The result of such comparison becomes the basis to draw parallels with English law of agency and to expose the essence of legal characteristics of civil law concept of representation.

Keywords: legal representation, consensual representation, acting in the name of the principal, commission, “extrapersonal effect”, publicity principle, principle of independence, isolated authorization, conflict of interests, commercial agency.

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The Meaning of the Term «Agency» in Russian Law

The article is dedicated to the analysis of the use of legal terms «agency», «agent», «agency contract» in the area of international law, in the comparative law studying, in the national law of continental countries, for the purposes of their correct application. 

Keywords: agency, representation, intermediary.

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Safonov, Aleksander

Doctor of Law, Professor, Professor of the Department
of Theory and History of Law, National Research University Higher School of Economics
(Moscow), Moscow. E-mail: asafon_1970@mail.ru.

Publications in yearbook
GOVERNMENT BUREAUCRACY IN LATE IMPERIAL RUSSIA AND ITS APPROACHES TO IMPLEMENTATION OF CIVIL LIBERTIES

Abstract: The authors explore legal consciousness of Russian higher bureaucracy during the First Russian revolution expressed in its views on the problem of advancing political and legal system. They examine the role bureaucracy played in the course of defining the content of civil liberties and, more broadly, in the political development of the Russian Empire towards democratization. The authors analyze the impact of bureaucracy on the process of decision-making and policymaking. Bureaucracy is treated as the architect of the political and legal modernization of the Russian Empire as the country of “delayed modernization” at the beginning of the last century. The article demonstrates that policy of exercising individual rights and freedoms gave rise to confrontation between conservative officials who were skeptical toward the possibility of implementing civil liberties in the time of revolution and weakening of monarchical power, and reform-minded bureaucrats who were ready to create foundations for the «renewed order». Growing in conditions of deep political and legal reforms in the last decade of the Russian monarchy, the conflict between bureaucratic elites made impact over the policy of granting freedoms, turning it into the result of fragile compromise among the highest power hierarchy. In search for modernization of institutions, laws
and procedures, the enlightened bureaucrats defended the projects of reforms, according to which a person was given the opportunity to exercise his/her rights and to obtain certain guarantees for their implementation from the state, as well as the protection by the judicial system. Traditionalist views of conservative officials limited the content of reforms and adapted them to the conditions of the existing legal order. The reforms aimed at the implementation of civil liberties became the result of the views and influences of both progressive and traditionalist-minded bureaucrats.
Keywords: bureaucracy; individual rights and freedoms; constitutional reform; beginning of XX century; Russian Empire.

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Sakaev, Vasil

Candidate of History, Associate Professor, Doctorate of the
Department of Political Science, Kazan (Volga region) Federal University, Kazan.
E-mail: sakaev2003@mail.ru.

Publications in yearbook
IMMIGRATION IN ITALY: ASPECTS OF POLITICAL DEMOGRAPHY

https://doi.org/10.17506/ryipl.2016.1.112134

Abstract: The article investigates the phenomenon of immigration in Italy, seeking a comprehensive explanation of the political and demographic aspects. It examines the demographic situation in the Italian Republic and explains the specific characteristics, factors and trends (low fertility, increasing life expectancy, and an aging population). It asserts that the relationship between demographics and migration processes in the past, present and future is determined by the need for immigration as a mechanism for social and economic development in Italy. The article reveals the dynamics, trends and development stages of the immigration processes in Italy from the 1980s to the present day taking into consideration ethnic and confessional structure of immigration, as well as ethnic characteristics of immigrant employment in the economy. The article emphasizes the study and analysis of the transformation of immigration policy, including the identification of its stages and patterns, reasons and characteristics of legislation. Special attention is given to the new challenges posed by the problem of refugees and illegal trafficking of people in the Mediterranean region after 2011. In conclusion, the author defines the importance of immigration issue for internal politics in Italy, describing the specifics of the integration of different migrant generations and highlighting the problems faced in relation to the political participation of immigrants in present time and in the future.
Keywords: Italy, demography, immigration, immigration policy, political demography.

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Salenko, Alexandr

Candidate of Law, Master of Law (LL.M., Göttingen),
Associated Professor, Department of International and European Law, Immanuel Kant
Baltic Federal University, Kaliningrad, Russia. E-mail: ASalenko@kantiana.ru

Publications in yearbook
PHILOSOPHY OF FREEDOM OF PEACEFUL ASSEMBLY IN CONSTITUTIONAL PRINCIPLES IN RUSSIA AND GERMANY

Abstract. When it comes to principles of law, most often these issues in the legal consciousness of ordinary people are misunderstood and they are perceived solely as theoretical matter, as something completely out of touch with the real life on the ground and something without any practical importance. In this material, the author proves the opposite, namely, he shows on concrete cases when constitutional principles directly affect the nature of the actions of all subjects of freedom of peaceful assembly in Russia and Germany. The main attention is focused on the written principles of freedom of peaceful assembly, which are stipulated in the constitutional legislation of the two countries, namely, the author studies the content of two main constitutional principles of the freedom of assembly: principles of peacefulness and unarmed assembly. In addition, the article systematically reviews the existing unwritten principles of freedom of peaceful assembly, which originate in the provisions of international treaties, including the provisions of the “soft law”, which forms as a specific source of international law. Based on comparative research the author provides recommendations to amend the current federal law by introducing a separate chapter which would describe the freedom of peaceful assembly as the most important constitutional legal value and which would also consolidate the set of fundamental principles of this constitutional freedom: the presumption in favour of holding peaceful assemblies; the state’s positive obligation to facilitate and protect peaceful assembly; proportionality and on-discrimination of any restrictions imposed on freedom of assembly; the principle of good administration and transparency of the decision-making process, as well as the liability of the regulatory authority for the violation of the constitutional principles of freedom of peaceful assembly. The author ended with the conclusion that it is necessary to enshrine explicitly in the Russian legislation the positive obligation of state and municipal authorities to monitor the freedom of peaceful assembly, namely the obligation to collect, systematize and publish official statistical information on the number and types of public events heldin settlements of the Russian Federation, as well as the information about the number and reasons for ban of the public event during the notification procedure.

Keywords: constitutional principles; assemblies; meetings; demonstrations; marches; pickets; freedom of peaceful assembly; public assembly law; presumption in favour of holding peaceful assemblies; soft law; OSCE; United Nations; Germany; Russia; Federal Republic of Germany; Russian Federation; German Democratic Republic.

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FREEDOM OF PEACEFUL ASSEMBLY AND CHILDREN: LAW AND PRACTICE OF RUSSIA AND GERMANY


This article provides the comparative constitutional research of the Public Assembly Law in Germany and Russia. In particular, the author examines constitutionality and permissibility of children’s participation in public assemblies. Using examples of real cases from Germany and Russia, the author considers conflicting views regarding participation and non-participation of minors in the different type of political rallies, such as assemblies, meetings, demonstrations, marches, and pickets. The article systematically reviews the existing international standards on freedom of peaceful assembly, relevant domestic legislation and legal practice with regard to public events with the participation of children (i.e. citizens under 18 years of age). The author focuses on restrictions existing in German and Russian laws concerning children’s participation in public assemblies. In particular, the Russian Public Assembly Law limits the rights of minor children to organize three types of the public events (demonstration, march, picket). The German legislation – in the vast majority of the federal states (Bundesländer) – contains a clause, which states that as the marshal (Ordner) must act only adult citizens; however, it should be noted that in remaining three federal states (Bundesländer) – Lower Saxony, Saxony-Anhalt and Schleswig-Holstein – there are no limits on children’s freedom of the peaceful assembly. Special attention is given to the analysis of the provisions of the Russian educational law; in particular, the author investigates the principle of political neutrality of education and professionalism. According to this fundamental principle, any form of political agitation and campaigning is categorically prohibited in educational organizations; their workers are not allowed to advocate either for or against participation (non-participation) in any type of public assemblies. Based on comparative research, the author provides recommendations to prohibit involvement of children into so-called unauthorized public assemblies. However, the author stresses that this ban should be established in the Russian Law (namely, in the Russian Code of Administrative Offences) in the separate article, which would assign general liability for any involvement of minors in any type of administrative offences (not limited merely to prohibition children’s involvement in so-called unauthorized public assemblies only).
Keywords: children, minors, constitutional capacity, Grundrechtsmündigkeit, assemblies, meetings, demonstrations, marches,pickets, freedom of peaceful assembly, public assembly law, public event organizer, marshal, Ordner, political neutrality of education, Germany, Russia, Federal Republic of Germany, Russian Federation.

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Sassen Saskia

Lynd Professor of Sociology Department of Sociology and Co-Chair, Committee on Global Thought Columbia University, Knox Hall 713 606 W 122nd St New York. NY 10027.

E-mail: sjs2@columbia.edu

Publications in yearbook
The City: its Return as a Lens for Social Theory

The article examines in what ways the sociological study of cities can produce scholarship and analytic tools that help us understand the broader social transformations under way today. Urban sociology had this capacity early in the 20th century, when industrialization generated massive changes in cities. The thesis is that today globalization is similarly generating major changes that become visible in cities, most notably global cities. One critical issue here is whether these larger transformations evince sufficiently complex and multivalent urban instances as to allow us to construct such instances as objects of study that takes us beyond the urban moment of a process or condition. The urban moment of a major process can help the empirical study of that process in ways that other phases of such a process might not. At the same time, this urbanization of major processes repositions the city as an object of study. And this is the second question organizing this article: what is it we are actually naming today when we use the construct city?

 

Keywords: urban sociology, global city, transnational processes, globalization, transnational political geography, political subjectivity, new political actors.

 

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Savchyn, Mykhailo

Doctor of Law, Professor, Director,

Research Institute for Comparative Public Law and International Law,

Uzhgorod National University, Ukraine.

E-mail: msavchyn@bigmir.net

Publications in yearbook
NATURE AND MODERN TRENDS OF CONSTITUTIONALISM IN THE CONTEXT OF LEGAL PLURALISM

Abstract: The article provides a short comparative analysis of the doctrine of constitutionalism in Ukraine in the context of the main tendencies of its development in the contemporary world. Based on the theories of social interaction, rational choice, and game theory, the author concludes that constitutionalism is the result of a spontaneous, stochastic interaction of individuals, social institutions and agencies. Liberal constitutionalism is compared with the liberal-democratic and societal constitutionalism. The conclusion is made that the idea of limits, constraints and control over the government should be added through the expansion of the circle of subjects of decision-making powers at the expense of civil society’ institutions and international organizations. In addition, the model of resource allocation should be revised in the context of the sustainable development of the society, which presupposes the protection of the environment and the responsibility of society, country, and humanity before the coming generations. The content of transnational and supranational onstitutionalism, as well as some trends of globalization of constitutionalism, is revealed from the perspective of multilevel constitutionalism. The article focuses on the need to defend national interests, national sovereignty and territorial integrity in the context of the defense of human rights and freedoms. The growing importance of societal constitutionalism, which is characterized by the de-concentration of power and delegating it to the civil society and to the supranational institutions, as well as the expansion of social rights and the right to development, is emphasized. Constitutionalism is revealed not as an abstract phenomenon, but in the context of the specific dynamics of social processes and phenomena, which reflects specific legal status of the measure of government and public institutions, the level of legal awareness, and legal culture. The author concludes that the dynamism of constitutionalism is embodied in the specific procedures of achieving public consensus on the content of social values, which are provided with the constitutional protection.

Keywords: rule of law, globalization, constitutionalism, liberal constitutionalism, societal constitutionalism.

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Savos'kin Alexander

Candidate of Law, Associate Professor, Advisor of the

Judge, Charter Court of Sverdlovsk region, Ekaterinburg. E-mail: savoskinav@yandex.ru

Publications in yearbook
CITIZEN’S APPEAL AS LEGAL CATEGORY

Abstract. Article 33 of Constitution of the Russian Federation provides the right of citizens to address state authorities and local self-governments. However, the Federal Law “On the order of consideration of appeals of citizens of the Russian Federation” contains the statutory definition of the term “appeal”, but it is limited to the enumeration of its varieties; in the best, it points to the destination but does not reflect the features of appeal as legal and factual category. The article presents the lexical and legal study of the term “appeal”, as well as the analysis of the practice of its application in the legislation. The author concludes that the term “appeal” should be used only in close conjunction with the additional term clarifying its content. Based on the works of other researchers, international experience and regulations, the author of article formulates the following definition of the term “citizen’s appeal”: it is the will of the individual (groups of individuals, or associations); it is the subject of mandatory review; it corresponds to regulatory-established rules; it is expressed in the form of written, oral or tacit demands of implementation of rights, freedoms and legitimate interests; it is addressed to the state authorities, local government body or organization carrying a significant public function, as well as to their officials. Thus, the features of the appeal are: 1) mandatory review; 2) particular subject of the will; 3) action as objective side; 4) special procedural form; 5) purpose; and 6) destination. These six characteristics are necessary and sufficient; the proposed definition not only describes citizen’s appeal from factual and legal points of view, but allows to distinguish it from other related categories. The definition reflects the recent changes in legislation regarding the change of the subject composition (by including citizens’ associations), and the destination (due to including state [municipal] institutions and organizations implementing publicly important functions into the law on appeals).

Keywords: citizen appeal; concept of appeals; applicant; legislation of appeals; destination of appeal; purpose of appeal.

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

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

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Sayers, Sean

Doctor of Philosophy, Professor Emeritus, University of Kent, UK.
E-mail: S.P.Sayers@kent.ac.uk

Publications in yearbook
IDEA OF COMMUNISM

http://doi.org/10.17506/ryipl.2016.17.1.720

Abstract: The modern Marxist approach toward the analysis of the Communist alternative to global capitalism is not utopian, but at the same time goes beyond the tradition of “scientific communism”. From the point of view of Marx, communism is a historical stage of the future, which does not arise ex nihil; it is a natural product of evolutionary (quantitative) and revolutionary (qualitative) transformations of capitalism due to the social and economic contradictions. In contrast, modern Marxists (A. Badiou, L. Althusser, D. Bensaid) believe that communism is the absolute “break” (“rupture”), a sudden “event” which has no causes in the past. Moreover, for them the future of communism is not a natural result of the immanent development of capitalism representing just a “Communist horizon”. The author of the atricle shows that the qualitative – revolutionary – changes are not absolute, total, sudden, and spontaneous ruptures, as they are represented by Badiou, Althusser, and others. They do not arise out of nowhere. On the contrary, there is an essential connection between consistent, quantitative phase of the revolutionary, high-quality breakthrough, which is its outcome. There is continuity, as well as discontinuity. A revolutionary break may well seem to be sudden and unexpected, but it is never entirely unheralded. Although capitalism is in crisis, there is no sign of the forces, which as Marx believed would bring about its overthrow, and create a new society. The capitalist world is still riven by the contradictions that Marx describes, and it will eventually lead to the emergence of forces that will abolish it, and create a more socialist form of society. The author cannot prove or demonstrate it, because today is not the time to point out the forces that are necessary if the alternative is created. Therefore, it is ultimately a matter of faith: faith in communism. But, this is not the mere blind faith implied by Badiou’s notion of a sudden revolutionary “event”, and his dematerialised “idea of communism”. The faith involved in Marxism is very different. It is the belief that communism is not a mere “idea” but an actual tendency of history itself. This belief is grounded in the Marxist theory of history and its analysis of the forces at work in capitalism.
Keywords: Marxism, communism, capitalism, history, rupture, event, determination, faith, A. Badiou.

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Semitko, Alexey

Doctor of Law, Professor, Head of Public Law Chair, Dean of
Legal Department, Liberal Arts University – University for Humanities (Ekaterinburg),
Visiting Professor of Paris-Quest University (France).
E-mail: asemitko@mail.ru

Publications in yearbook
ON PRIORITY OF RIGHTS AND FREEDOMS OF A PERSON AS LEGAL PRINCIPLE OF LIBERALISM IN RUSSIAN AND FOREIGN SOURCES

http://doi.org/10.17506/ryipl.2016.17.1.83105

Abstract: The article is devoted to the attitude towards the concept of priority of rights and freedoms of a person as major legal principle of liberalism in Russian and foreign legal sources. The approach, which rejects availability of this concept within the liberal theory and denies the supreme value or priority of rights and freedoms of a person in general, i. e., in theory and practice, is critically analyzed. The understanding of international standards of democracy and liberalism in Russian and foreign sources is discussed. It is indicated that the idea of priority of human rights lies in the basis of liberalism, and it is connected both with advantage and personal freedom, as well as with other ideas, for example, the ideas of natural rights, constitutional state, and supremacy of law. It is emphasized that the priority of human rights has nothing in common with the absolutization and hypertrophy of these rights. The later contradicts not the interests of society, but the powers of state apparatus. If to deny or – what is even simpler – not to protect the priority of human rights, then there is nothing else to do then to approve the priority of the government and its representatives – government employees. Any type of government including democratic one shall be limited to human rights, which in that case are higher, more important, and prior. The state is a mean of protection of human rights, which being the purpose (I. Kant), are the main, leading, prior beginning in this pare of categories. The mean though being extremely necessary for the achievement of the goal and at the same time something secondary and subordinate, sometimes possesses – as in case with the state – significant power, from which it is necessary to protect certain individual as it is seen by liberalism. Liberalism speaks about primacy of the individual over the state, but not over the society. This idea is often confused in the Russian sources where the formula of the priority of human rights over the state is criticized, and the opposition of individual to society but not the state is attributed to it. The government, even democratic, does not carry out the mission of human rights protection “automatically”; civil society shall be mature enough “to stimulate” these activities of the state. Considering the Western attitude towards the idea of the rights and freedoms of the person and their priority, it is explained why today this idea is not so much spoken in comparison with the Russian political and legal sources.
Keywords: priority of human rights; rights and freedoms of person; liberalism; democracy; state; personality and state; constitutional state; constitutionalism.

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Shcherbakov, Alexey

Postgraduate student, Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences. Ekaterinburg. E-mail: alll_rubicon@mail.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.

 

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Shemetova Natalia

lawyer, Chamber of Lawyers the Irkutsk Region, Irkutsk.

E-mail: shemetova-natalya@rambler.ru

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

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

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Shishkov, Vasily

Сandidate of Political Sciences, associate professor,  Department

of Civil Service and Personnel Policy, Institute of Public Administration and Human Resources,

Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow

e-mail: fp55@mail.ru, phone 89670092148

Publications in yearbook
European Union: from Idea of Supranational Sovereignty - to New Western European "Empire": Problems and Prospects of European Integration

Abstract: The article presents the consideration of the European Union as supranational political entity. The main points of view, which characterize the European Union as an imperial system, and the problems associated with the interpretation of supranational sovereignty, are analyzed. The characteristics of the European Union, which are similar to imperial statehood type, are reviewed: European universalism, political heterogeneity, the emerging system of center-periphery relations, expansionist policy. It is argued that the European Union in its present form can be hardly described as neo-imperial political organization. However, it is likely that after overcoming the consequences of the financial and economic crisis and strengthening the prerogatives of the EU (and thus the influence of the founders of the Union), a neo-imperialist system would become closer to a completed form. It is necessary to consider this statement when shaping the foreign policy of Russia.
Keywords: empire, the European Union, European integration, neo-imperial conglomerate, supranational sovereignty.

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Sidorova, Olga

 

Doctor in Philology, Professor, Head of the Department of Germanic philology, Ural State University, Ekaterinburg.

 

E-mail: ogs531@mail.ru

 

Publications in yearbook
The First Russian Manuals of English

The review of the first manuals, textbooks, and dictionaries of English written and published in Russia has been made. The author compares the methods of teaching English in Russia in the 18-19 centuries with modern ones.

Keywords: English as a foreign language, methods of teaching, the history of English teaching in Russia, the first manuals, textbooks, and dictionaries of English written and published in Russia.

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Skiperskikh, Alexander

Doctor of Political Science, Professor, National Research University Higher School of Economics, Perm.

E-mail: AVSkiperskikh@hse.ru

Publications in yearbook
POLITICAL ELITE OF OREL REGION: PROBLEMS OF INCORPORATION

Abstract: In this article, we investigate features of the incorporation into the political elite in the Orel region. From the point of view of the author, specificity of Orel`s case lies in the fact that until now the processes of incorporation into the regional political class are managed by representatives of the old nomenklatura of Orel region, who were put into power by ex-governor Egor Stroev. The distribution of power in the Orel region is almost entirely dependent on the former governor. In the modern Russia, it is not an exclusion. The continuity of the reproduction of political elites characterizes Russia at the federal level, and it is spread over the practice of incorporation of regional political elites as well. From the point of view of the author, Egor Stroyev`s factor is decisive in
the practice of political legitimation of new governors of the Orel region – Aleksander Kozlov and Vadim Potomsky. Despite the differences in transmitting into the Orel region, it is non-disputable that at one time both of them represented the powerful circles of federal groups in the field; they had to solve problems on their own. Eventually, the need of creating the own team turns into a certain problem due to a shortage of loyal and professional bureaucracy. To a certain degree, limited staff resources explains the desire of both governors to get Egor Stroev’s support and efficiently combine local people and «vikings» in the new political class of the region. The consensus between the «old» and the «new» elite is the optimal model of the dialogue. However, the renewal of the political elite of the Orel region may reduce the value of the factor of Egor Stroev; it can bring some uncertainty into the development of the political elites and indicate difficult processes within the elite community. Further reproduction of the political elite in the Orel region will need some kind of authority and popular actors. Nevertheless, it is unlikely that the search for such a figure will have positive results.
Keywords: power, governor, legitimation, Orel region, political elite.

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Smulkina Natalia

Candidate of Political Science, Lomonosov Moscow State

University, Moscow, Russia. E-mail: smulkina@mail.ru

SPIN-код: 9132-1263

ResearcherID: Q-9718-2017

Scopus ID: 57191094528

ORCID: 0000-0002-6691-5372

IRID: 7645322

Publications in yearbook
SYMBOLIC IMAGES OF INTERNATIONAL RELATIONS IN CONSCIOUSNESS OF RUSSIAN CITIZENS: POLITICAL-PSYCHOLOGICAL ANALYSIS

Abstract. The article presents results of the empirical study of symbolic aspects of perception of international relations by Russian mass consciousness. Attention is paid to the consideration of symbolic images of international relations as an integral part of symbolic map of the world. The results of qualitative study allow us to consider the ideas of Russians about the subjects, structure, principles of international relations, as well as about the likely, desirable and undesirable trends in the transformation of international relations. The study of symbolic representations of international relations is based on political and psychological approach. The study of images takes into account both rationalized assessments and unconscious aspects of the perception of the political map of the world. For this purpose, the author used projective techniques as part of the polls. The article identifies factors of symbolic representations of international relations in mass political consciousness. The results of study makes it possible to assert that the symbolic perception of international relations is Russian-centered, fragmented and situational in nature, which is to a large extent determines the dependence of the process of forming political map of the world on the specifics of communication. As a result of the study, several models of the political perception of world maps are identified: a model of an alarming type, a positive-optimistic type, a pragmatic-rational type, and a fragmented-indefinite type. The revealed tendencies in the perception of political map of the world include some incongruence of symbolic images of the world map in case of pragmatic type of perception; anxiety at the level of mass political consciousness; blurry images of «friends» and «strangers» in international relations. The ambiguity of Russians' ideas about the place of Russia in the world and its possible strategies for behavior in international politics makes the perception of political map of the world hypersensitive and dependent, first of all, on stereotypes, clichés and media’s information agenda.

Keywords: political and psychological approach; symbolic space; political perception;political map of the world; country image; image of international relations; symbolic representations; factors of political perception.

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Sokolov Yuri

Candidate of Law, Associate Professor, Chair of Informational

Law, Ural State Law Academy, Ekaterinburg. E-mail: ur-sokol@rambler.ru

Publications in yearbook
TECHNOLOGICAL ADAPTABILITY: CHARACTERISTIC OF CRIMINAL PROCEEDINGS

Abstract: The article is devoted to the justification of the term technological adaptability as the characteristic of the criminal process. The term determines the most important criteria for the admissibility of the use of information technology in the investigation and resolution of criminal cases. The content of the category of criminal procedural information is revealed; the concept of information technology in criminal proceeding is used. The goals and objectives of the use of information technology in the criminal process are clarified. The detailed criteria of eligibility of such technologies in the criminal process, as well as requirements for the legal regulation of the use of information technology, are highlighted and analyzed. Based on the proof as the heart of criminal justice, the author proposes fixing the selected criteria in a separate article of the Criminal Procedure Act (chapter on “Evidence”). Legal regulation of the use of information technology in criminal
proceeding has to comply with legality, adequacy, relevance, practicality, promising, dynamics, ethics, safety, and optimal legal prescriptions. The shortcomings of the current criminal procedure law in matters of legal regulation of the use of information technologies are discussed. The consolidation of the principle of technological adaptability on the level of the law aimed on the use of new information technologies in the proof in criminal cases is proposed.
Keywords: criminal proceeding; information technology; technological adaptability; criminal procedural information; criteria of eligibility.

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Solntsev, Alexander

Candidate of Law, Associate Professor, Deputy Head,
Department of International Law, People's Friendship University of Russia, Moscow,
Russia. E-mail: a.solntsew@gmail.com

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.

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Soloviy, Roman

Doctor of Philosophy, Senior Researcher, National Pedagogical
Dragomanov University, Lviv, Ukraine. E-mail: r.p.soloviy@npu.edu.ua

Publications in yearbook
JOHN CAPUTO’S THEOPOETICS AND THEOPOLITICS

Abstract. The article speaks of and describes the philosophical-theological conditions and characteristics of theopoetic interpretation of the divine in the postmodern times. Its main feature is an effort to replace the traditional prosaic theology characterized by its intellectualism, scientism and the displacement of symbols with the poetic sensitivity to the divine. The author takes John Caputo’s “weak theology” as an example and reflects on how it is still possible to speak about God in a way that is both meaningful and relevant to the post-modern people in the world, which declares that there is no fixed and authoritative way to access the knowledge or the belief. Caputo’s theopoetics is an important component of his “weak theology” project, which considers God not as an allpowerful person or the ground of being, but as the “weak force”, devoid of traditional metaphysical attributes of authority, power and hierarchical primacy open to risk and uncertainty. The “weak theology” seeks to remain open to “things themselves”; that is, to what belongs to the ultimate human concern and cannot be reduced to the accuracy of statements made by the objectifying thinking. Similarly, Caputo sees religion not as a figurative expression of metaphysical substance or spirit, but as a way to poeticize what Heidegger, Derrida and Deleuze called an “event”. Additionally, the article analyzes some consequences of the theopoetic perspective to the formation of a new political theology and the search for new ways of Christians’ political engagement. The article investigates how the consistent deconstruction of the idea of a sovereign God regarded as one of the pillars on which the ideology and practice of political violence stands involves the deconstruction of these violent political systems.

Keywords: John Caputo, deconstruction, theopoetics, theopolitics, “weak theology”, event of God.

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Startsev, Yaroslav

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

E-mail: y.startsev@gmail.com

Publications in yearbook
60 Theses on Language of Political Science

The article is an attempt to define the list of reasons for the formation of the language(s) of political science, which meets the standard requirements for artificial languages, taking into account the specificity of political science disciplines. It is proposed to solve the problem of isolated paradigmal dialects, which are associated with individual objects of research and do not interact with each other, with the help of inter-paradigmal interpretation, search for functional equivalents, metaphorization and integration of subject areas of terminology and language structures, inherent by other areas. Criticism of the modern language of political science is accompanied by an analysis of the concept of power as a source for the formation of political universal grammatical categories. Description of power relations is made through the concept of object, subject and procedures, which are characterized by different, usually alternative scenarios of behavior, which form more or less harmonious combinations. Scenarios themselves are analyzed through the concept of the behavioral algorithm and logic of political behavior. The system of categories proposed in the article can be used as a tool for description and interpretation of any power configuration, retaining the ability to broadcast the studied issues into different paradigms.

 

Keywords: methods of political science, theory of science, interpretation methods, theory of political power.

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PHENOMENOLOGY OF IRRATIONALITY IN POILITICAL THINKING AND MULTIPLICITY OF LOGICS IN POLITICAL ACTION

Abstract: The article presents a typology of thinking based on the experimental psychology and comparative anthropology with its subsequent projection on the problem of diverse interpretations of political phenomena and different forms of political action arising from it. The comparative characteristics of five modalities of thinking – rational, magical, aesthetic, ethical, and instrumental – are followed by the identification of the basic structuring rules, including way of perception of reality, forming judgments and building the new knowledge. Each set of rules is defined as an independent logic; political thinking and the related political action is analyzed as the consistent implementation of these logics, depending on the chosen modality. Core strategies of political behavior typical for each modality, as well as psychological triggers that stimulate the actualization of the rational, magical, ethical, aesthetic, or instrumental thinking and behavior are explored. Key findings are presented in the form of comparative tables describing the structure of each modality of political thought, the relation of the abstract and the concrete in the framework of different modalities, and logic of political action initiated by different modalities.

Keywords: political thinking, political action, political theory, typology of thinking, irrational in politics.

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ISSUE AND APPLIED PROBLEM: PERSPECTIVES FOR STATE AND RESEARCH AGENDA

Abstract: The article deals with general problems of the development as philosophical category linked to some applied issues of public administration. The development is analyzed as a specific mode of change with its own particular properties, including particular conditions needed for managing this kind of change, as well as its limits. The authors show where and why public administration faces problems concerning development of the administrated areas, arguing that such problems can be resolved only through elaborating special methods of administration appropriated for managing the development. The article criticizes largely accepted definition of the development as a goal-oriented positive change, arguing that particularities of the process such as irreversibility of the change, the new quality as a result of the development process, the systemic organization of the change, and the major role of the self-organization are more important than the change itself. Analyzing current research on the development as social and economical process, the authors give some theoretical and empirical evidence of the absent distinction between the development and the change in modern literature. Therefore, many isolated examples of more sophisticated attitudes are found in the theoretical research, as well as in the practice of public administration. In addition, research agenda is proposed in order to build interdisciplinary research program concerning development mechanisms, to integrate this special dimension in the planning and strategy building at the national, regional and local level.
Keywords: development; development management; public administration; regional development; change management.

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