Autors

Abstract: The article discusses the possibility of recreating the integrity of the meaning of the scientist's activity in the conditions of theoretical, methodological and value uncertainty. Successive
self-reflection is asserted as the main method of reinstatement of the notional integrity, which is carried out by the researcher individually. This process is characterized by paradoxical
regularity: the obtaining of the fullness of the meaning by the subject of the science is accompanied by limiting conditions of the applicability of scientific knowledge, or its «localization». The
revealing of the context of knowledge of some kind may have different «degree of reflexivity»: from clarification of inside scientific theoretical and methodological basis to pointing out the
fundamental existential problems, which are associated with the various phenomena of science. In the conditions of theoretical and ideological pluralism, this «degree of reflexivity» is not assigned for the researcher from outside, but is defined by himself (herself). In this context, the traditional picture of science as a tool of the expansion of human possibilities gets new interpretation. Thus, science is conceptualized not as a mean of mastering the outside (in rem) reality but as a factor, which contributes to the growth of internal (spiritual) human possibilities that are directly related to the ability of self-restraint.
Keywords: science, scientific rationality, essence, self-reflection, «localization».

The defense of national identity against external threats is a pressing issue for states, that aim to play a major role in shaping a multipolar world, including Russia. This issue can be examined not only from a political perspective but also through a legal lens, where an interesting paradox arises. From a legal standpoint, the defense of national identity comes down to the protection of the constitutional order (which typically reflects the values underlying the national identity) against the application of international treaties, the enforcement of conflicting international judicial decisions, and the normative prescriptions of international courts, among other factors. However, the transition to a multipolar world will inevitably be regulated by the principles of modern international law. Therefore, a key task for Russian legal science is to develop new mechanisms for protecting national identity in a way that aligns with international law. It requires drawing on the experience of other countries. Using a comparative legal method, the article analyzes the practice of constitutional control bodies in Germany, France, Italy, Brazil, Kazakhstan, and Russia, where the argument in defense of national identity and related concepts (for example, the protection of historical identity in Brazil) have emerged. The author reveals that this argument occurs in its different forms across all the examined jurisdictions, even in those that are generally more aligned with international law (such as Germany and France). Some mechanisms for protecting identity are controversial from the standpoint of international law (e.g. qualification of international treaties as soft-law acts in Italy or international treaty termination a posteriori by the constitutional control body in Kazakhstan). The articles concludes that Russia must develop alternative methods for protecting its national identity striking a reasonable balance with fulfilling its international obligations. 

Keywords: national identity, constitutional identity, constitution, constitutional court, international law

One of the newest and most influential ethical, political and philosophical theory of the XXI century is “effective altruism”. Its basic ideas firstly appeared in the second half of the XX century in the works of the famous utilitarian philosopher Peter Singer, but the real influence the conception obtained in the second decade of the XXI century. The popularity of the concept is ensured by a combination of a humanistic philosophy, on the one hand, and a concentration on its realistic and effective implementation, on the other. The emergence of the effective altruism is connected with the growing disbalances in the globalizing world. At the turn of the XX and XXI centuries, the quality of people’s lives in the most developed countries reached the highest level in history, while the problems of hunger and child mortality in less developed countries of Africa and Asia remained sharp. Effective altruists wonder how is it possible in the modern world. How, from the point of view of morality, one can explain the existence of easily remedied disasters and injustices on our planet? What needs to be done to solve these problems? One of the main problems identified by representatives of effective altruism is the specificity of moral intuitions inherent both in humankind and in each individual. These intuitions may block the moral intentions toward a person in a distance, while promote them toward people who are close. Effective altruists criticize such situation and try to find a solution. The article observes the main stages of the evolution of the concept of the effective altruism. The philosophical foundations of the concept are explored based on the works of the most famous representative of the movement – Peter Singer. The philosophical critique of effective altruism from both deontological and virtue ethical theories is considered.

Keywords: utilitarianism; effective altruism; efficiency; moral intuitions; moral universalism; deontological ethics; instrumental value; virtue ethics

 For half a century, the problem of justice has been one of the most controversial and debated in Western academic science. For the Anglo-American tradition, the starting point for controversy about distributive justice can be considered 1971, when the philosopher John Rawls published work The Theory of Justice. This book made a revolution, on the one hand, provoking a large-scale discussion on the question of what fair principles should be used in our society, and, on the other hand, finally brought deontological ethics to the leading positions in political philosophy, which replaced the utilitarian approach. Several decades after the publication of Rawls's work, the debate within the framework of the deontological approach to justice reached a kind of dead end, having failed to develop a universal position. Other areas of thought have become the most discussed topics in political philosophy. At the same time, the discussion within the framework of the problem of distributive justice remained extremely relevant, since directly related to the distribution of public goods, which is always one of the main problems of political choice. One of those who suggested a way out of the current impasse was the philosopher Amartya Sen, who proposed an original concept for solving, called “the capability approach”. The purpose of this article is to illustrate how Sen was able to overcome the difficulties faced by Rawls's theory and other new theories of social contract. The author of the article believes that Sen, in fact, returned to a kind of utilitarian ethics, in the controversy with which Rawls developed his deontological version of the theory of justice. The article attempts to substantiate that the capability approach is a kind of synthesis of deontological ethics and utilitarianism. The article examines utilitarian ethics, its criticism from Rawls and the solution that Rawls proposes in the framework of the deontological approach, examines the main differences between new theories of social contract and Sen's the capability approach. The article analyzes Sen's criticism of the theory of Rawls and his followers and Sen's solution to the problem of justice. Particular emphasis is placed on the comparison of deontological and utilitarian views on the problem of justice. At the end of the work, it is concluded that the deontological ethical position on the issue of justice, which has firmly taken the leading positions in the Anglo-American academic community since the 1970s. XX century at the turn of the century could not remain monolithic and faced serious criticism. Utilitarianism, so heavily criticized by Rawls, is back in a new iteration of Sen's the capability approach.

Keywords: utilitarianism; consequentialism; teleological ethics; theory of justice; initial situation; veil of ignorance; free rider problem; capability approach

In the early 21^st century, effective altruism (EA), a philosophical and social movement developing ideas of classical utilitarianism, started to gain popularity in the USA and European countries. It has attracted followers from various fields, including philosophers, economists, entrepreneurs, and philanthropists. As its name implies, effectiveness (maximum benefit) of actions taken serves as the bedrock for the EA movement. But how high is this effectiveness really? To assess it, the author of the article suggests addressing the crucial issue of EA – helping the world’s poorest countries. This problem also occupies a central place in development economics, a branch of economics that is closest to EA and aimed at helping the poorest countries and their inhabitants. In this regard, the article compares the key approaches to effectiveness in development economics. It is concluded that effectiveness is understood in different ways and it is often achieved by opposite tools. To demonstrate the logic leading to such discrepancies, the author of the article identifies a number of criteria that allow, with a certain degree of convention, combining the theories into several groups: idealists (Thomas Pogge, Jeffrey Sachs), missionaries (Paul Romer, Paul Collier), fatalists (Daron Acemoglu, James Robinson), and realists (William Easterly, Abhijit Banerjee, Esther Duflo). The author comes to the conclusion that EA is not a magic cure for all diseases, but only one of the possible tools for solving world problems. And although it is impossible to talk about its global effectiveness, in particular aspects it is effective, which indicates the development of general utilitarian ethics. 

Keywords: effective altruism, development economics, global resources dividend, poverty trap, charter city, randomized controlled trial, inclusive institutions, extractive institutions

Abstract: The article considers problems of the theory of modern municipal law functions. The basic essential and meaningful, objective and subjective, internal and external aspects of modern municipal law are analysed. It is noted that among the basic tasks currently faces domestic science of the municipal law is the formation of coherent and comprehensive knowledge of the system of municipal law in Ukraine, its legal aspects and patterns of development and operation of its norms and institutions. Holistic conception of the municipal law of Ukraine in the unity of its static and functional, material and procedural elements is the important theoretical and methodological basis for the development and improvement of the system of national municipalism, current municipal legislation and municipal law making and law enforcement activities. However, if the theory of problematic issues of municipal law, as well as its genesis, sources, norms and institutions are reflected in the works of Ukrainian researchers, the problem of functions of this area of law remains almost unexplored. Understanding the nature and content of the functions of municipal law makes possible understanding the importance of this area of law in regulating social relations, as well as answering questions about the role of municipal law in society and the state. Characteristic signs of functions of municipal law are analysed. Definition of the concept of modern municipal law functions as main directions and types of the influence of municipal law over social relations that arise in the process of recognition, formation, organization and implementation of municipal authorities, as well as the realization and protection of rights of the individual municipalities, is given.
Keywords: municipal law; functions of municipal law; sources of municipal law; system of municipal law; institutes of municipal law; norms of municipal law.

Bashkortostan is a very complicated case of the development of regional community on the post-imperial stage in contemporary Russia. Confrontation within Bashkortostan regional community takes place not only on the level of particular political and economic, political and human, etc., decisions, but also in the «margins» of struggle for specific version of regional identity. The article analyzes the structure of «heroic Pantheon» as the product of straightforward identity policy of Bashkortostan regional elite. Controversies of symbolic, ethnical and political features of regional identity are viewed through the analysis of the place and significance of Bashkir «cultural heroes» and their semantic and functional layers (C. Yulayev, K. Arslanov, H. Validi). In addition, the author considers political and ethnic conflicts aroused around the «Pantheon» and associated with heterogeneity of the ethnical composition of population of the Republic. The article offers recommendations concerning relaxing political and symbolic contradictions in the regional community, and observed the instrumental usage of «cultural hero» as identifier of symbolic space and identity in other Russian regions.

Keywords: Regional identity, cultural hero, «heroic Pantheon», identity policy. 

https://doi.org/10.17506/ryipl.2016.1.3391

Abstract: This article is a summary of the results of research of personalized images (images of historical personalities), which are in use by the regional political elites for the purposes of identity policy. Such images are understood as personalistic identifiers, i.e. identities policy’s elements, on the one hand, and region identification matrix elements, on the other hand. The study is based on discourse-analysis of materials from 83 regions of the Russian Federation, which allows formulating the key comparative characteristics of personalistic identifiers: the degree (“low”, “medium”, “high”), and nature (institutional and sub-institutional) of discursive stability’s personalistic identifier. Classification is based on the type of personalistic identifier’s ties with the region’s identifier (“a great son”; “pioneer”; “the governor-nostalgia”; “educator”; “personalities embodying the reflection about any traumatic period for the region [regional community]”; “Hero” of Golden Age”). The dominant discourse produced by regional elites through personalist identifier (unification discourse, particularization, uniqueness) is studied; the strategy of the regional political elites in relation to specific identifiers (legitimation strategy and strategy of forced identification) is observed; the tool, which updates personalistic identifiers of regional elites (nominations, monumentalization and ritualization) is identified.
Keywords: identity policy, regional identity, personalistic identifier.

The article attempts to interpret the little-known anti-statist conception of the early 20^th century – anarcho-humanism of Alexey A. Borovoy. The introduction of the research paper justifies the relevance of studying “secondary” figures in the anarchist tradition, both for a better understanding of Anarchism itself in a broader context of intellectual history, and for the advancement of contemporary political theory. The first part of the article outlines the issues raised in Russian academic literature regarding anarcho-humanism, provides a brief historical overview of its evolution, identifies the main stages in the formation of Borovoy’s views, and delineates the influence on him of key ideological currents and authors (Karl Marx, Friedrich Nietzsche, Mikhail Bakunin, Henri Bergson, etc.). The main body of the study is devoted to a detailed analysis of the philosophical foundations of Borovoy’s social and political doctrine. It examines the conceptual grounds of anarcho-humanism, reconstructs the crucial philosophical principles, and elucidates the political and legal perspectives of the theorist. The authors argue that the core philosophical features of Borovoy’s anarcho-humanism include dynamism (apology for the perpetual movement of life), anti-rationalism (rejection of rigid intellectual frameworks), and individualism (apology for personal emancipation and development). The central problem shaping the development of Borovoy’s theory is interpreted as the antinomy between the individual and society, an irreconcilable antagonism between the two poles of human existence. It is emphasized that for Borovoy, an individual holds primacy in this conflict, and is engaged in an eternal struggle for emancipation, yet unable to achieve complete liberation from society and collective interests. The authors reveal Borovoy’s critique of determinism and mechanistic reductionism as a characteristic trait of his thought. The research outcome is a detailed conceptualization of the philosophical foundations of anarcho-humanism, providing insight into the political and legal views of one of the most ingenious libertarian theorists of the early 20^th century. 

Keywords: Alexey A. Borovoy, anarchism, anarcho-humanism, freedom, individualism, dialectics, anti-rationalism, dynamism, individual

The article attempts to interpret the little-known anti-statist conception of the early 20^th century – anarcho-humanism of Alexey A. Borovoy. The introduction of the research paper justifies the relevance of studying “secondary” figures in the anarchist tradition, both for a better understanding of Anarchism itself in a broader context of intellectual history, and for the advancement of contemporary political theory. The first part of the article outlines the issues raised in Russian academic literature regarding anarcho-humanism, provides a brief historical overview of its evolution, identifies the main stages in the formation of Borovoy’s views, and delineates the influence on him of key ideological currents and authors (Karl Marx, Friedrich Nietzsche, Mikhail Bakunin, Henri Bergson, etc.). The main body of the study is devoted to a detailed analysis of the philosophical foundations of Borovoy’s social and political doctrine. It examines the conceptual grounds of anarcho-humanism, reconstructs the crucial philosophical principles, and elucidates the political and legal perspectives of the theorist. The authors argue that the core philosophical features of Borovoy’s anarcho-humanism include dynamism (apology for the perpetual movement of life), anti-rationalism (rejection of rigid intellectual frameworks), and individualism (apology for personal emancipation and development). The central problem shaping the development of Borovoy’s theory is interpreted as the antinomy between the individual and society, an irreconcilable antagonism between the two poles of human existence. It is emphasized that for Borovoy, an individual holds primacy in this conflict, and is engaged in an eternal struggle for emancipation, yet unable to achieve complete liberation from society and collective interests. The authors reveal Borovoy’s critique of determinism and mechanistic reductionism as a characteristic trait of his thought. The research outcome is a detailed conceptualization of the philosophical foundations of anarcho-humanism, providing insight into the political and legal views of one of the most ingenious libertarian theorists of the early 20^th century. 

Keywords: Alexey A. Borovoy, anarchism, anarcho-humanism, freedom, individualism, dialectics, anti-rationalism, dynamism, individual

The article observes lobbying practices in the USA and presentsthe analysis of official data of the financing of lobbying: the amount of lobbying spending, the amount of the largest lobbying clients spending, and the incomes of the highly paid lobbyists. Brief history of lobbying is presented. Itshows that the bribing of  lawmakers was a common practice before regulation of lobbying was introduced, and describes the tendency of complicating of lobbying practices in the second half of the 20th century. The article pays particular attention to the corporate lobbying. Quantitative analysis of the data proves the rise of corporate lobbying in the United States in last 30 years. Another observed trend is the link between the rise of parliamentary hearings and the growth of representation campaigns in particular sectors of US economy. The basic strategy of corporate lobbying is so-called ‘member-to-member’ lobbying. The article considers the phenomenon of ‘revolving door’(when former congressional representatives and bureaucrats are hired by lobbyist firms) as part of corporate lobbying. The methods of ‘grassroots lobbying’ and ‘astroturf’ are also regarded. The article contains comparative analysis of lobbying in the US and EU.

Keywords: lobbying, USA, member-to-member lobbying, grassroots lobbying, astroturf, revolving door.

Abstract: The article deals with events that took place in the United States after its entry into World War I, and, first of all, with the resistance of the society against the state's participation in the war. It focuses on the American socialists and their leader – Eugene Debs, who was arrested in 1918 and convicted in 1919 on charge of violating “The Espionage Act”. The article describes the process of discussing and passaging of “The spionage Act” a few months after the US entry into the war, as well as the subsequent additions known as “The Sedition Act of 1918”. These laws imposed some restrictions on freedom of speech, and were criticized many times afterwards. In addition, the article contains detailed analysis of the mostly well-known Supreme Court of the United States’ cases related to the violation of these laws – “Debs vs. United States”, “Schenk vs. United States”, “Baltzer vs. United States”, and “Abrams vs. United States”. The article pays attention to the impact on the domestic situation of American Protective League, which consisted of two hundred and fifty thousand patriotic volunteer members who were engaged in informant activities, as well as to psychological and physical pressure over those American citizens who opposed US participation in the First World War.

Keywords: USA; “fifth column”; World War I; socialists; Espionage Act; freedom of speech; propaganda; public opinion; Supreme Court of the United States.

The relevance of propaganda research is beyond doubt in connection with current events, but the importance of work on critical analysis of propaganda in post-war time seems even more significant. In this regard, the book “Falsehood in War-time” (1929) by the British politician, writer, and social activist Arthur Ponsonby is of great interest. He extensively catalogs types of lies and constructs a phenomenology of lies during World War I. The article analyzes the influence of the political views of the book’s author on the critical stance toward propaganda. Ponsonby, a pacifist, consistently advocated for Britain’s non-intervention policy from the war’s onset. Special attention is paid to the harm caused by propaganda – from the defilement of the human soul in the interpretation of Ponsonby to the emergence of psychiatric disorders such as paranoia and schizophrenia, as noted by Jacques Ellul. It is emphasized that the excessive propaganda can negatively impact the quality of human capital from a public administration perspective. The article also provides a detailed analysis of the criticism of Ponsonby’s ideas, particularly in modern times. Critics have labeled him a lot with various terms – “pacifist”, “Germanophile”, “Kaiser supporter”, etc., accusing his work of perpetuating “historiographical legends” about British propaganda. However, in reality, rather than exposing lies, Ponsonby’s work often created them based on contradictory interpretations and fabrications. The article compares the book “Falsehood in War-time” with other key works of those years – “Propaganda Technique in the World War” by Harold Lasswell and “Propaganda” by Edward Bernays. It also juxtaposes Arthur Ponsonby’s strategies for abolishing propaganda with those of Noam Chomsky, one of the most famous followers of the critical trend in propaganda research. It is concluded that propaganda should be pragmatic, considering its implications in the post-war period and have some kind of an exit strategy. 

Keywords: World War I, propaganda, manipulation, public opinion, discredit,cancel culture, negative human capital

Abstract: The article examines corporations and non-governmental organizations’ lobbying for public and private interests in the European Union. NGOs often lobby for public interests – consumer interests, environmental protection sphere interests, community interests (e.g. women's interests). Corporations prefer to lobby for private interests – industry interests, professional interests, private company interests. It often happens that they compete in lobbying for their interests, which leads to lobbying battles such as confrontation over reform of chemical industry (REACH reform). The European Union funds NGOs, and it helps them to be independent. As a part of ‘checks and balances’ system in the European decision-making process, it creates a competitive environment for lobbying. As a result, deputies of the European Parliament and representatives of the European Commission prefer to deal with NGOs; on the other hand, members of the Council of the European Union prefer to deal with corporations. In 2005, lobbying effectiveness of NGOs and corporations was assessed as equivalent. By 2009, the situation has changed: corporations raised the effectiveness of lobbying, and now they are ahead of NGOs in many areas, with the exclusion of consumer products, food and beverages. Thus, NGOs are no longer able to compete with corporations in several industries such as energy, medicine and pharmaceutical industry.

Keywords: lobbying, European Union, European Commission, European Parliament, NGO, corporation, public interest, private interest.

The article deals with the criticism of phenomenology from the perspective of grammatology. The author underlines that Derrida rejects the Husserl's difference of grammatology. The article shows that differences in the phenomenology was replaced several times. The latter becomes a history of phenomenology. As a result, the phenomenology was transformed into post-phenomenology. As a result, the phenomenology was transformed into post-phenomenology, which may be considered as grammatology.

Keywords: grammatology, phenomelogy, neo-phenomenology, post-phenomenology, post-fundamentalism, deconstruction, decentering, writing, difference, post-phenomenon, intentionality.

The article analyses the mechanism of higher juridical education. The necessity of forming the educational policy, which takes into consideration the social-legal interests of Russian society, is underlined. The necessity to have practical component in such education and the reasons for that are observed in details, all possible recommendations are given.

Keywords: Russian student, Russian education, higher juridical education, scientific community, practical component of education, constitutional law.

Abstract: The article examines the main trends in the modern federal reforms. The author analyzes the methods of formation of Chambers of the Federal Assembly of the Russian Federation, the procedure of filling the position of the Head of subject of the Russian Federation, and the procedure of changing the subject composition of the Russian Federation. The way of optimization of the formation of Federal and regional powers is proposed, namely, gradual transition to the election of members of Federal Assembly. The author positively estimates the return to elections of deputies of the State Duma according to the mixed majoritarian-proportional system. Based on the analysis of current legislation and legal positions of the Constitutional Court of the Russian Federation, the author proposes adjustments of the existing order of replacement of the position of the Head of the RF subjects directed toward democratization and facilitation. The author develops directions of perfection of the Federal transformations, namely, the improvement and legislative adjustments of the procedure of changing the subject composition of the Russian Federation, which excludes the combination of acceptance and formation of new subject of the Russian Federation. The practice of adoption of new subjects of the Russian Federation and directions of its optimization is studied.

Keywords: Constitution of the Russian federation; federal system; federal transformation; justice; Parliament; Federal Assembly; State Duma; Head of RF subject; change of subject composition of Russia; adoption of new subject of the Russian Federation.

The article considers the policy of constitutional transformation of federal relations and of modernization of electoral legislation. The author defends the necessity of the constitutional stability.

Keywords: constitutional transformation (reorganization), constitutional stability, federal reform, modernization of electoral legislation.

The article analyzes organizational-legal foundations  and anti-corruption measures in modern Russia as well as the anti-corruption legislation under formation. The suggestions for the improvement of anti-corruption normative basis are developed. 

Keywords: corruption, opposition to corruption, anti-corruption measures, anti-corruption legislation.

The author examines main stages of strengthening of the unity of state power, which is characterized by the key role of the President of Russia in its implementation. The author compares principles of federalism, unity of state power system, and separation of powers. The conclusion is made that principle of unity of state power and principle of separation of powers does not contradict each other. The article observes main areas of implementation of presidential powers, and describes his role in strengthening the unity of state power in process of reforming federal system. Based on the analysis of legislation and legal positions of Constitutional Court of the Russian Federation, the author demonstrates the scope of competencies of the head of the state. The author concludes that concentration of authority and expansion of presidential powers does not always meet constitutional principles of federalism and separation of powers. As a result, it does not allow to achieve appropriate balance between legislative, executive and judicial powers, on one side, and federal and regional authorities, on the other. The suggestion is made to enshrine the comprehensive list of presidential powers in legislation, and at the same time, to conduct federal reforms in strict accordance with the Constitution of the Russian Federation and with the goal of building democratic federal state governed by the rule of law.  

Keywords: President of the Russian Federation, division of powers, unity of state power, federal transformation, legal positions of Constitutional Court of Russia.

The article contains the analysis of the “life world” of early Christians in works of M. Heidegger. Religious experience is described as the basis for the investigation of factual life. In order to expose the essence of factual life, the interconnection of the notions “Life” and “World” is analyzed, with the accent on the problem of “Private world”. The article presents hermeneutical reading of Pauline letters, the phenomenological description of his life “situation”, his attitude to the experience of conversion into Christianity, and to the early Christian’s community, to which he proclaims. The article describes the notion of Parousia; the temporal aspects of early Christian’s life experience are exposed in the eschatological perspective of Pauline’s letters. The difference between chronological (objective) and kairological (individual) comprehension of time is shown.  The time of early Christians is understood kairologically, namely, in its connection to substantial fulfillment. The author argues that factual life could only be defined by the manner of time experience; and that “individual” time is the basis for objective time. The conclusion is made that the understanding of specifics of Christian way of life clarifies the essence of factual life itself, which in turn could become the genuine basis for phenomenology.   

Keywords: phenomenology, factual life, world, early Christianity, the Second Coming, religiosity, historicity, temporality, time.

The authors analyze economic crisis in Spain, which has influenced Spanish real estate sector very negatively, and give recommendations how to overcome it. Through analyzing the data of the Spanish-Russian relations, the authors reveal many potential possibilities for both parties in this sector. Special attention is given to problems of Russian tourism in Spain: the authors demonstrate some advantages of Spain as tourist direction, and at the same time indicate many complex political problems, which prevent its development. In this regard, the foremost problem is Spanish restrictive politics, but also an absence of complete information about Spanish tourist possibilities for Russia, and limited air communication between two countries. The authors conclude that Russians could invest in Spanish economics by buying the property in Spain.

Keywords: economic crisis, sector of real estate, investments, Spain, Russia.

The paper analyzes the functioning of the administrative market and its effect on the distribution of power in the political sphere. The process of the emergence and development of the administrative market in the 80s – 90s of XX century and its destruction in the XXI century is examined.

Keywords: violent entrepreneurship, region, regional elites, the political class, administrative market.

http://doi.org/10.17506/ryipl.2016.17.1.3760

Abstract: In the article, the theory of correlation between corruption and trust is substantiated. On a broad empirical basis, it is shown that the behavior of people in society, their ability to trust other people, and to observe the general rules of the game primarily depends on their beliefs about whether they can trust public institutions of the state. The author argues that the lack of trust in state institutions and public officials because of their corruptness and  dishonesty – irrespective of whether it is true or not – inevitably generates distrust at the interpersonal level. Consistently proving this thesis, the author distinguishes and describes three interrelated causal mechanisms that determine correlation between corruption and social trust: 1) the inference from public officials; 2) the inference from people in general, and 3) the inference from oneself. At the same time, the author’s theory ends up in the idea of human nature, the essence of which he sees in the pursuit of reciprocity. The idea of reciprocity implies that people always decide how to act relying on their beliefs about how the others will act in the future. Thus, if they believe that most of their fellow citizens cheat on taxes or bribe officials to obtain a desired benefit or advantage, they will act exactly in the same way in order not to lose. At the same time, the principle of reciprocity works when people believe that the others will likely observe the general rules of the game. It is the idea of reciprocity that allows the author to substantiate the thesis that the level of corruption and trust in society directly depends on the design of institutions.
Keywords: social trust, social capital, corruption, reciprocity, social traps.

The 1993 Constitution of the Russian Federation laid down new trends in the development of local self-government. The Constitutional Court plays an important role in protecting the constitutional right to exercise local self-government, in the formation and transformation of the Russian model of local self-government. The article discusses some of the legal positions of the Constitutional Court of the Russian Federation, which were based on the norms of the Constitution of the Russian Federation until the 2020 amendments. It is shown that the decisions in many cases that were considered by the Constitutional Court and touched upon various problems of local self-government used discussion among judges, which is reflected in a number of opinions and dissenting opinions. In the Opinion of the Constitutional Court of the Russian Federation of March 16, 2020 No. 1-Z, the Constitutional Court concluded that the amendments to the Constitution are consistent with chapters 1, 2 and 9 of the Constitution. However, the article  shows that the amendments to the Constitution continue the tendency to centralize not only the state, but the entire system of public authority in Russia. A number of amendments to the Constitution emasculate many of the legal positions previously formulated by the Constitutional Court of the Russian Federation. Accordingly, the constitutional foundations of the Russian model of local self-government will undergo significant changes. So far, one can only predict how this will affect the change in the legal positions of the Constitutional Court of the Russian Federation.

Keywords: Constitution of the Russian Federation; Law on Amendments to the Constitution; local self-government; legal positions of the Constitutional Court; dissenting opinions of judges of the Constitutional Court; territorial settlement principle; formation of local self-government bodies

Sovereignty is seen as one of the hallmarks of a state, however globalization and integration processes challenge state sovereignty. First of all, they challenge the economic component of state sovereignty – the so-called economic sovereignty. Many states, while de jure sovereign, do not have full sovereignty de facto. This problem is also relevant for Russia: it remains highly dependent on imports of high-tech products, on foreign components, foreign standards, foreign software products and payment systems. Although measures to address these problems were proclaimed, their effectiveness is doubtful. It seems that the ongoing financial and economic policy and some changes in Russian legislation (in particular, tax legislation) don’t contribute to genuine import substitution. Moreover they create difficulties for it. Of course, political scientists, economists and philosophers argue whether the value of state sovereignty is preserved in the modern world. But for lawyers the answer is obvious: sovereignty is one of the key principles of both international law and the constitutional law of most states. However, lawyers sometimes “do not notice” the threats to sovereignty, believing that sovereignty is a formal concept, not an actual one. According to many lawyers, the transfer of the powers of the state to supranational unions is not a limitation of sovereignty. It seems that such an approach only camouflages the problem, and does not contribute to its solution. Moreover, foreign experience indicates the possibility of using different terminology (“transfer of powers”, “transfer of sovereign rights”, “restriction of sovereignty”, etc.) for similar phenomena. The article draws attention to some of the threats to economic sovereignty that Russia has faced, and which are associated with public debt, various international obligations. New sanctions in connection with a change in the geopolitical situation in 2022 actualize this issue: dependence on imports of critically important products, on foreign software; disconnection Russia from the SWIFT system; termination of Visa and Mastercard payment systems in Russia; freezing of Russian reserves, etc. The authors of the article conclude that although one of the arguments in favor of the constitutional reform of 2020 was the protection of state sovereignty, a number of problems in this part remain unresolved. No constitutional restrictions on external borrowing have been introduced. Complicated procedures for the conclusion of those international agreements that may lead to limitation of the economic sovereignty of the state have not been established; other mechanisms for ensuring state sovereignty, which have already been tested in foreign experience, have not been used. Therefore, the relevance of further constitutional reform in terms of ensuring economic sovereignty remains 

Keywords: sovereignty; economic sovereignty; globalization; integration; import substitution; constitutional reform 2020; provisional application of international treaties

The article discusses the transformation of social characteristics of non-classical science in comparison with the social status of classical science. The author shows that the practical usage of scientific knowledge requires the implementation of technological form; and this applies to all major sub-systems of science. Technical sciences that invent ways of application of the laws of nature to different spheres of human activity rapidly develops exactly in non-classical period. Today, the practical usage of science is expanded to a planetary scale. Distinguishing feature of the worldview function of non-classical science is related to the displacement of speculative natural-philosophical constructions and ideas, when the representation of the fundamental properties of the world itself becomes a scientific picture of this world; and the scientific worldview begins to be introduced in the school system. Today one could observe politicization of science. Science takes on features of a social institution, which essentially requires autonomy. However, in reality modern science becomes a tool of manipulation in both foreign and domestic policy. The through science to affect the fate of all humankind opportunity makes scientists to face ethical problems arising from situations of choosing between good and evil. Various mechanisms for international cooperation quickly arose in the first half of the 20-th century. The social status of the human agent of science changes significantly.

 Keywords: cclassical/non-classical science, ethics of science, politization of science, forms of social institutionalization of science.

Academician S.V. Vonsovsky raised a problem concerning the essence of the philosophy of science. According to S.V. Vonsovsky, theoretical physics has became philosophy in the contemporary intellectual world. Yet he doesn't accept positivist's motivation. On the contrary, he brings us back to ancient Greek conception of the inseparable connection between philosophy and physics, when both were concentrated on  φύσις. Theoretical physics is philosophical in a sense that is discovers the underlying nature of all processes and events; without it, it would be impossible to explain and to understand, what is going on in the universe and on the earth, in the world of living creatures and in the human's social world.

Keywords: theoretical physics, philosophy, science,  φύσις, picture of the world, philosophy of science.

The modern philosophy of science is genetically related to the formed in the modern era classical philosophy of science. The latter, in turn, was formed under the influence of developments in the New European (“new”) science in the late 16^th – 18^th centuries. The new European science has acquired the status of classical one, because it is the initial stage of the modern type of science. The distinctive feature of this modern type is that experiment has become its basis and method. The article reveals the specifics of experiment as an activity associated with the search for facts that can confirm or refute an assumption/theory/law. An overview of the emergence of the experimental method in natural science and humanities is carried out. The concepts of Francis Bacon, René Descartes, and Immanuel Kant are considered as varieties of classical philosophy of science. It is concluded that in the case of Francis Bacon, the philosophy of science represents a methodology of science, extremely approximated to and aimed at the objective world studied by science, revealing the laws of experimental activity and the rules of the method of induction, which make exploration of nature possible. This type of philosophy of science runs from Francis Bacon to Auguste Comte and the whole positivist tradition. The second type of classical philosophy of science constitutes the axiomatic-deductive methodology of science. It has its origin in the philosophy of René Descartes and brings science and philosophy quite closely together, since in this methodology it is philosophy that sets the fundamentals/axioms of the deductive method. This branch leads to Hegel and the phenomenological tradition. Immanuel Kant builds a critical methodology that claims to overcome the limitations of both empirical-inductive and axiomatic-deductive methodologies. In this methodology, experiment is comprehended through such a concept as “the limits of possible experience”. A peculiar continuation of the Kantian variety of the philosophy of science is the critical rationalism by Karl Popper. 

Keywords: philosophy of science, methodology of science, experiment, empirical-inductive method, axiomatic-deductive method, Francis Bacon, René Descartes, Immanuel Kant, Martin Heidegger, Vladimir I. Vernadsky

The research literature on the Philosophy of Law revived in Russia at the turn of XX–XXI centuries (as well as a century earlier) is aimed at the understanding of radical changes in legal sphere and overcoming crisis of perception of justice. The article substantiates the thesis that in critical moments both in area of jurisprudence and legal practice domestic and foreign researchers assert that it is necessary to appeal to Roman Law as the pick point of the Ancient legal understanding, which is regarded as the basis for legal development in modern Russia. The research papers of E. Anners, J.-P. Vernan, G.V.F. Hegel, I.A. Pokrovsky, O. Shpengler, and G. Shershenevich serves as empirical material for philosophical interpretation of Ancient Law. The author's standpoint is to justify the fact that antiquity (sequentially, from Greek to Roman period) has created all possible forms of Philosophy of Law with its varieties that arose either from philosophy or from jurisprudence. The article argues that the recognition of natural-legal orientation is general vector of Philosophy of Law in Greek period. Philosophical context of Greek understanding of law is determined by cosmic law/nomos, which is associated with the moral-ethical characteristic – justice – when all citizens are perceived as “equal” (isoi) ones. Clear division between supporters of Philosophy of Positive Law and Philosophy of Natural Law did not take place in Greek period of Antiquity. The article analyzes distinctive features of Roman jurisprudence, which include technologicalness, applied character, and specification. The distinctive features of Roman jurisprudence are summarized by such notion as positivity of law. The causes and consequences of transformation of national civil law (jus civile) in the epoch of Empire into the right of nations (jus gentium) are revealed. Complementing the national civil law with the right of nations, Roman jurisprudence creates a particular form of Philosophy of Law – the philosophy of positive law, which arises not from philosophy, but from law.
Keywords: natural/positive law; legal technique; Roman jurisprudence; understanding of law; Philosophy of Law.

Cognitive psychology is one of the most significant areas of modern science related to the creation of artificial intelligence (AI). The multifactorial conditionality of cognition is captured in variety of philosophical concepts, some of which can have applied meaning, including for cognitive psychology. The article considers two approaches that address diametrically opposite factors affecting cognitive activity. On the one hand, the diversity of cognition phenomena – from simple (sensations and representations) to the most complex (will, attention, memory, imagination, etc.) – depends on the psycho-physiological processes associated ultimately with physical energy. E. Mach based his concept on the ontology of psychophysiological parallelism. Back in the early 20th century, he designed the possibility of technical embodying of the results of his research on various phenomena and mechanisms of human cognitive activity. On the other hand, in the first decades of the 20th century, Husserl claims to create his own methodology for psychological science, which (methodology) simultaneously appears as the theoretical level of this field of science due to the fact that it explores the essence of the entire variety of cognitive phenomena, such as consciousness in its various variations, mental states, values and logical structure. Ideas/meanings peculiar only to human cognition acquire the character of “ideal objectivity” through written language. Written language, according to Husserl, is a way of virtual timeless storage and increment of ideas and meanings. At the same time, it can also become a means of their material, including technical, implementation. Mach in his methodology focuses on the physical, physiological, and biological aspects of the process of cognition; Husserl focused on existential and humanitarian factors that give cognitive activity a proper human character. This is the alternative of these approaches, which does not exclude the possibility of their mutual complementarity.

Keywords: E. Mach; E. Husserl; cognitive psychology; artificial intelligence; methodology; cognitive activity; material embodiment; alternative

Аbstract: The article considers the latest stage of the development of science – the postnon-classical science. The post-non-classical stage is connected with the revolutionary changes in the development of modern science, which began in the second half of the XX century. One criterion of the formation of a new stage is the scientific picture of the world. The appeal to a world scientific picture allows revealing the philosophical meaning of the radical change in the individual’s attitude towards the world. Recognition of the plurality of the world is combined with the synergetic ideas, which provide integrity of the post-non-classical picture of the world. The article considers the following principles as fundamental statements of the post-non-classical picture of the world: the systemic principle, which is connected with the research of dynamic systems with plasticity and inherent behavior; the principle of functioning, which is based on the idea of irreversibility and the evolution including self-organization, fluctuation and bifurcation mechanisms; the principle of determined chaos (as the new kind of causality), which is presented by mechanisms of mutual transition of chaos and order. The post-non-classical picture of the world includes the new concept of time. It is connected with the opening of internal time imprinted in the
middle age of the system condition. The most important statement concerning the world picture is the recognition of the universal information, as well as the anthropic principle. Living, as well as
social and humanitarian systems, becomes the initial model in the post-non-classical picture of the world. This fact defines fundamental role of the idea of self-organization in the post-non-classical science and explains its identification with the synergetic picture of the world.
Keywords: Classical/non-classical/post-non-classical science, dynamic systems, information, external/internal time, anthropic principle, deterministic chaos, self-organization.

Abstract: The article considers the phenomenon of imagination in terms of cognitive activity. The approach was implemented in the philosophy of the modern time. The author refers to epistemological concepts of imagination, which were developed by Hume, Kant, and Hegel. For the first time in contemporary Russian literature on the history of philosophy and epistemology, the author provides a comparative analysis of these concepts. Both continuity and significant differences are found in the works of the representatives of empiricism and rationalism in classical epistemology. Similarity of the attitudes of both types is presented in the recognition of irrational imagination, as well as in its role in the mechanism of cognition. Difference in attitudes marks the initial statements of philosophers: Hume builds cognitive-psychological version of imagination; Kant creates epistemological-knowable concept of this phenomenon; Hegel includes imagination into phenomenology of spirit. According to the author, the above-mentioned approaches in the philosophy of modernity are potentially important for the ontological, philosophical, psychological, and epistemological interpretation of imagination in nonclassical philosophy. In revealing features and functions of imagination in the mechanisms of cognition, those philosophers used several categories – productive/reproductive, associating imagination, idea-representation, the power of imagination, fantasy, etc. Despite of the obvious role of imagination in the different kinds of cognitive activity, nowadays the epistemological nature of this phenomenon remains unsolved. The analysis presented in the article makes the author to conclude that the reason for this is the denial of the irrational nature of the imagination.

Keywords: imagination; productive/reproductive/associating imagination; rational/irrational; sensual/ rational; classical epistemology.

Abstract: the article gives an epistemological analysis of non-classical science through comparison with the peculiarities of knowledge in the classical science. Subjectiveness of knowledge in the non-classical science is determined by the scientific reality. Varieties of scientific realities are constructed through certain methodologies and theories, and represent the unique fusion of objective and subjective circumstances and factors. In contrast to mechanic and descriptive position, non-classical science aims to clarify specifics of the examined objects and to disclose their essence.

Keywords: non-classical/classical science, the concreteness of knowledge, scientific reality (physical, social, historical, psychological, etc.), external manifestations / essence, specific regularities.

The paper considers the debate in contemporary philosophy of science on the concept of non-classical science – its criteria, time of occurrence and time of completion. A comparative analysis of classical and non-classical science is developed, the relationships between them are investigated. Major subsystems of science – natural, social, humanities and mathematics – are taken as a research material.

Keywords: classical/non-classical science, new/old, discontinuity/continuity, subsystems of science, natural sciences, social sciences, humanities, mathematics.

The article attempts to analyze the possibilities and limitations of the Jungian theory of archetypes for application in political science. The author gives her own definitions for the concepts of “archetype” and “archetypical space”, following the Jungian theory. It is proved that there is a number of aspects in the classical theory of K. G. Jung, which are missed by the modern way of using the term, but can be useful in political science. The article describes the main components of the Jungian theory of archetypes, the specific psychodynamics that accompanies manifestations of the archetypal in psychological space of an individual or a group. The author gives a brief description of the main archetypes identified by Jung, which became the basic concepts of so-called “collective soul map” – theoretic model that could be used to explore the mythology of various communities. According to Jung, the map of the soul is a good tool for primary orientation “on the mythological territory” or in the space of the collective unconscious. In any archetypal collective territory, one can always find the areas of the Shadow (the archetypal other, in a negative version – the enemy) and the Self (the ideal world or the desired future), the areas of the Ego (the way in which we understand ourselves) and the Person (the way we understand our role in the world). According to the author, understanding the essence of the deep complexes theory and role of the symbols in the process of overcoming archetypal conflicts contributes to the advancement of political science to comprehend the archetypal basis of mass behavior and the effective practice of peacemaking. Further, the author compares the content of the original (Jungian) theory of archetypes and the tradition of using this concept established in political science. There are three approaches to the definition and application of the term “archetype” in Russian social sciences – formal, dualistic and dynamic. Although each of the approaches is relevant for the tasks set by the researchers, the author comes to the conclusion that, in general, the definition of an archetype and approaches to its phenomenology are often formalized and simplified compared to the original concept of an archetype in Jungian theory. Thus, the involvement of the classical, uncut theory of archetypes as a methodological basis for the political studies in certain cases (for example, political mythology, culture, psychology, etc.) can significantly expand the possibilities of political theory in the analysis, modeling and forecasting.

Keywords: archetype; archetype theory; Jungian theory; political theory; mythology; political mythology; mass psychology; political psychology

The article contains the analysis of the process of emerging of the term "double standards" in political and judicial discourse. The author uses methods of structural-linguistic and comparative historical analysis and comes to the point that there are objective reasons and preconditions for the emergence of "double standards" as phenomenon and the term.

Keywords: politics, political science, double-standard politics, double standards, double-standard principle, discourse, structural-linguistic analysis, inequality, natural law, Ancient epoch, liberalism, political philosophy.

The article attempts to interpret the little-known anti-statist conception of the early 20^th century – anarcho-humanism of Alexey A. Borovoy. The introduction of the research paper justifies the relevance of studying “secondary” figures in the anarchist tradition, both for a better understanding of Anarchism itself in a broader context of intellectual history, and for the advancement of contemporary political theory. The first part of the article outlines the issues raised in Russian academic literature regarding anarcho-humanism, provides a brief historical overview of its evolution, identifies the main stages in the formation of Borovoy’s views, and delineates the influence on him of key ideological currents and authors (Karl Marx, Friedrich Nietzsche, Mikhail Bakunin, Henri Bergson, etc.). The main body of the study is devoted to a detailed analysis of the philosophical foundations of Borovoy’s social and political doctrine. It examines the conceptual grounds of anarcho-humanism, reconstructs the crucial philosophical principles, and elucidates the political and legal perspectives of the theorist. The authors argue that the core philosophical features of Borovoy’s anarcho-humanism include dynamism (apology for the perpetual movement of life), anti-rationalism (rejection of rigid intellectual frameworks), and individualism (apology for personal emancipation and development). The central problem shaping the development of Borovoy’s theory is interpreted as the antinomy between the individual and society, an irreconcilable antagonism between the two poles of human existence. It is emphasized that for Borovoy, an individual holds primacy in this conflict, and is engaged in an eternal struggle for emancipation, yet unable to achieve complete liberation from society and collective interests. The authors reveal Borovoy’s critique of determinism and mechanistic reductionism as a characteristic trait of his thought. The research outcome is a detailed conceptualization of the philosophical foundations of anarcho-humanism, providing insight into the political and legal views of one of the most ingenious libertarian theorists of the early 20^th century. 

Keywords: Alexey A. Borovoy, anarchism, anarcho-humanism, freedom, individualism, dialectics, anti-rationalism, dynamism, individual

The article attempts to interpret the little-known anti-statist conception of the early 20^th century – anarcho-humanism of Alexey A. Borovoy. The introduction of the research paper justifies the relevance of studying “secondary” figures in the anarchist tradition, both for a better understanding of Anarchism itself in a broader context of intellectual history, and for the advancement of contemporary political theory. The first part of the article outlines the issues raised in Russian academic literature regarding anarcho-humanism, provides a brief historical overview of its evolution, identifies the main stages in the formation of Borovoy’s views, and delineates the influence on him of key ideological currents and authors (Karl Marx, Friedrich Nietzsche, Mikhail Bakunin, Henri Bergson, etc.). The main body of the study is devoted to a detailed analysis of the philosophical foundations of Borovoy’s social and political doctrine. It examines the conceptual grounds of anarcho-humanism, reconstructs the crucial philosophical principles, and elucidates the political and legal perspectives of the theorist. The authors argue that the core philosophical features of Borovoy’s anarcho-humanism include dynamism (apology for the perpetual movement of life), anti-rationalism (rejection of rigid intellectual frameworks), and individualism (apology for personal emancipation and development). The central problem shaping the development of Borovoy’s theory is interpreted as the antinomy between the individual and society, an irreconcilable antagonism between the two poles of human existence. It is emphasized that for Borovoy, an individual holds primacy in this conflict, and is engaged in an eternal struggle for emancipation, yet unable to achieve complete liberation from society and collective interests. The authors reveal Borovoy’s critique of determinism and mechanistic reductionism as a characteristic trait of his thought. The research outcome is a detailed conceptualization of the philosophical foundations of anarcho-humanism, providing insight into the political and legal views of one of the most ingenious libertarian theorists of the early 20^th century. 

Keywords: Alexey A. Borovoy, anarchism, anarcho-humanism, freedom, individualism, dialectics, anti-rationalism, dynamism, individual