24 (1)
Free subscription at
the electronic version of journal
Subscription index
in the Russian Post
catalogue – 43669
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)


Zagrebin Alexey

Udmurt Ural branch of Russian Academy of Sciences, Izhevsk, E-mail: adm@ni.udm.ru

Publications in yearbook
Humanitarian Institute in National Region: between Ethnos and Krathos

The article is devoted to the history of relationship between the community of humanitarians and regional authorities on the example of Udmurt Institute of History, Language and Literature. Since 1920s, the process of national-state construction among Finno-Ugric peoples of Russia was in need of scientific foundation of the legislation and administrative decisions. Questions related to management, determination of boundaries of the autonomies, language policy and relationships between various groups of population became the sphere of activities of historians, ethnographers, folklorists and linguists. In many autonomic republics scientific-research institutes were founded, which were called to facilitate the construction of «socialist culture». Due to cooperation of science and policy, the researchers were supposed to search for a delicate balance between practices that reflect mosaic picture of native life, and biased texts of official reports. The inclusion of the Institute into academic infrastructure liberated scientists from many bureaucratic conventions, at the same time preserving  a number of rituals and directions of activity, which link the Institute with local authorities.

Keywords: humanitarian research, Udmurtia, authority, Academy of Sciences

Download article Word

Zalesny Jacek

University of Warsaw, Faculty of Political Science and International Studies, Warsaw, Poland, Email: zalesnyjacek@gmail.com 


Publications in yearbook
Constitutionalism in the Republic of Kazakhstan: Genesis and Features
The study examines the genesis and features of the formation of modern constitutionalism in the Republic of Kazakhstan. The authors made an attempt to reveal the specifics of Kazakhstan constitutionalism, its axiology and describe the adopted governance mechanisms. They prove that the dynamics of transformations of the Kazakhstan constitutionalism is based on neo-patrimonial social relations and neopatrimonial relations of power, and the purpose of the ongoing constitutional reforms is to preserve the stability of the state structure, taking into account the spiritual, moral, cultural and historical characteristics of the peoples inhabiting Kazakhstan. To determine the peculiarities of Kazakhstan constitutionalism, the authors use the methods of political science: general logical and empirical, dogmatic and neoinstitutionalistic approaches, special legal methods of cognition: formal legal method, formal logical method, systemic method, technical and legal method. The article substantiates that the so-called superpresidential era ends in the Republic of Kazakhstan and the characteristics of the presidential-parliamentary system appear. The authors put forward the following thesis: this situation is caused by the fact that the ex-president did not bring up a successor capable of adequately continuing and developing the cause of building a sovereign Kazakhstan. Therefore, it is necessary to change the mechanisms of state administration in order to preserve power in the hands of the ex-president using other means. It also serves as a means of minimizing the risk that the incumbent president will not be able to fully respond to the challenges facing the state, which would have negative consequences for large social groups. It should also be noted that the authors' task was not to analyze the institution of the national leader (elbasy) and its place in the constitutional system of Kazakhstan. The article notes that the development of Kazakhstan constitutionalism goes through three main stages. At the first stage, there is a conflict between the Kazakh traditions of state structure and the Soviet model of state structure. The second stage is the abolition of Soviet constitutional decisions and the simultaneous formation of the Kazakh state structure of the state of Kazakhstan. And the third stage is the construction of monarchical presidentialism as a form of government that contributes to the stability of the state structure and international subjectivity of the Republic of Kazakhstan, and subsequently – its dismantling, justified by the same constitutional values.
Keywords: Constitution of the Republic of Kazakhstan; constitutionalism; president; succession of power; state authorities
Download article TPL_IPL_ARTICLE_PDF

Zenkina Alexandra

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

Download article TPL_IPL_ARTICLE_PDF

Zerkal' Daria

Ural Federal University, Еkaterinburg, Email: Dasha--Zerkal@yandex.ru

Publications in yearbook

Abstract: State information policy is an important aspect of governance in the information society. Measures of the state information policy are implemented through various institutions such as public relations, analytical centers, the institutes of culture. However, media is the main mechanism of the implementation of the state information policy. Media are capable of creating an information agenda, which plays critical role in shaping public opinion. Therefore, control of mass media and the content of messages transmitted through them is one of the main tasks of the state information policy. Media of different levels forms media system, which requires different management approaches. The article describes basic mechanisms of media management in the implementation of the state information policy. The author describes various levels of media systems and analyzes characteristics of media on each of these levels. The article provides classification and description of the basic mechanisms of media management in the implementation of the state information policy.

Keywords: state information policy, mass media, information agenda, media system.

Download article TPL_IPL_ARTICLE_PDF

Zheleznov Andrey

Chair of Social Philosophy, Ural Federal University named after the First President of Russia B.N. Yeltsin, Ekaterinburg, E-mail: andrey.zheleznov@live.ru

Publications in yearbook

Abstract: The article is dedicated to the rethinking of the moral justification of property. Moral justification of property is the subject of European philosophy, which now receives additional relevance in connection with the new forms of post-industrial economy. The article proposes the analysis of the classical approach to the question of the moral justification of property, and provides an alternative solution. Classical approach is based on two assumptions: firstly, it is a presumption of nobody's world, which allows discussion about the moment of dividing common world into separate parts. Secondly, it is consideration of the property or ownership as something given for granted, which does not require analysis. The author proposes an alternative interpretation of property as the individual's ability to change the world. Thus, the concept of property obtains the ontological substantiation and does not require additional moral reasoning or justification.
Keywords: property, moral, capture, change, ownership, public good.

Download article TPL_IPL_ARTICLE_PDF

Zheleznov Andrey

Candidate of Philosophy, Associate Professor, Department of Social Philosophy, Ural Federal University, Yekaterinburg, Russia. E-mail: itsnomoredancing@gmail.com. 

Publications in yearbook

Abstract. The main idea of the article is to show how the concept of faith could resolve problem, which is created in modern ontologies. Under the term «modern ontologies» we understand concepts of Latour (ANT), Harman and Meillassoux (speculative realism), Kerimov and Krasavin (heterology). Within the framework of these ontologies, the world is described as a field of unexpected connections between equivalent entities. New participants and relationships are produced and changed by the process of that interaction. The world and its laws are contingent, they can change, and change at any time. Modern ontologies put us in front of an absolutely unknown future and deny certainty in predictions or calculations. Science is no longer able to predict the changes taking place in the world, society, and our identities due to the process of the world's permanent creation from the connections between a multitude of equal participants. As a result, we have a practical problem: it is not clear how to act reasonably in the world, which constantly gets out of control. Therefore, it is necessary to find ways of correlating our actions or our way of living with being given as «any being». The concept of faith brings us closer to the solution of this problem. Based on model of faith of Kierkegaard, James, Derrida, and Bishop, we can treat faith as practical attitude to any future. Faith is an act or activity, which correlate with the object of faith. Faith has a practical nature. And in the same time, faith implies acceptance of any future as a value and a blessing.
Keywords: ontology; difference; contingency; ANT; object-oriented ontology; being; future; faith.

Download article TPL_IPL_ARTICLE_PDF

Zlokazov Kirill

Department of Education and Psychology, Ural Law Institute of the Ministry of Internal Affairs, Ekaterinburg, E-mail: zkirvit@yandex.ru


Publications in yearbook
Destructiveness and Identity of a Personality

The article describes the phenomenon of destructive personality as a way of identity formation, implemented by destroying of social structures, which are relevant to the subject. Destructiveness is seen as a form of subject's activity aimed at the destruction of external structures and building of his (her) own structure different from other structural images (identity). Activity in this sense does not exist outside the society. Such activity is recorded in the motivational and regulatory areas and in the self-consciousness in relation to the functions (roles, rituals, and institutions), objects (body, objects, and designs) of the social space. Its asocial character is seen as the exclusion of the subject from the social context, or as the destruction of the society’s structures. Destructive activity leads to antisocial and pro-social effects affecting social functioning entity where a-sociality is a break of the functioning of social structures and institutions through their destruction and alienation of the subject. Destruction is a way of avoiding conflicts, including those associated with excessive appreciation of actualized needs. Pro-social effect leads to the formation of the identity of the subject in accordance with the requirements of interacting social structures and modifying synchronization of identity with the current social experience.

Keywords: destructiveness of personality,  identity, pro-social and antisocial destruction of identity, culture and temporary effect of destructive personality.

Download article TPL_IPL_ARTICLE_PDF

Zykov Dmitrii

Volgograd State University, Volgograd, Russia, E-mail: zyk9@yandex.ru

Publications in yearbook
The Evolution of the Phenomenon of Law in the Context of Its External Forms and Internal Content
Employing both dialectical and phenomenological approaches, the article delves into the origins of the phenomenon of law and traces the evolution of its external forms and internal (semantic) content. It distinguishes four historical stages in the evolution of law: the genesis of this phenomenon, the emergence of ancient laws, the positivization of law in the 18th – early 19th centuries, and the transformation of modern law into an objective management mechanism of society. It is argued that the dialectical laws (principles) governing the movement of matter serve as the methods of evolution of the phenomenon of law since the historical stages of its development unfolded in accordance with them. Each stage transcends into the next through a dialectical leap in development, becoming the highest form of movement of the “body” of law (corpus juris) in relation to the previous one. Law originates from a less organized form, manifesting as justice – a characteristic of human behavior and the foundational regulator underlying sociogenesis. The empirical birth of the phenomenon of law occurs with the advent of ancient written laws. This process involves the participation of official authorities who extract the concept of the legal from social relations and appropriate it for self-constitution and implementation. At the next development stage, law becomes positive, turning into a system of special interpretative knowledge – a conditional (hypothetical) reality. Equity is transformed into the concept of social justice and the concept of compliance with the law. Law is identified with legislation, excluding all other possible forms of manifestation and acquiring the sign of a necessary connection with the state as its creator. The final stage reflects the current state of law, when its content as a regulator expands through integration with information and communication technologies and the anthroposphere. Law becomes a conduit of the hypothetical sphere of reason and an objective management mechanism of society. The author concludes, that the existence of law is paradoxical: while being a conditional (hypothetical) reality, law is always at least a minimum of justice, making its application to reality as a regulator not a mere coincidence. 
Keywords: essence of law, existence (location) of law, justice, genesis of law, stages of law development, ways of law evolution, dialectical laws of movement of matter, ontology of law
Download article TPL_IPL_ARTICLE_PDF