24 (3)
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2024
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catalogue – 43669
ANTINOMIES
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)

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— showed 2 articles from8

Law

Programs for Comfortable Urban Environment in Russia: Institutions, Regulation, and Finance

Makarov Andrey , Golubenko Olga
The article considers key difficulties in regulation of creating a comfortable urban environment in Russian cities.Such programs are actively developed nowadays, and significant budget funds are allocated for urban environmentdevelopment. At the same time, serious problems have arisen in this area: 1) legal norms and institutions have not created sufficient guarantees for taking into account the opinions of residents within the framework of improvement, which leads to the infringement of their rights and social conflicts; 2) the institutional framework for improvement programs, including the problems of hard and soft budget constraints; 3) the problem of strict regulation and legal acts, which prevents a creative approach to the improvement of the urban environment, and makes it difficult to take into account local residents’ opinion. The authors of the article, considering the existing regional legislation and international experience, propose measures to enhance the institutions and principles in the field of urban improvement.On the one hand, costs of improvement programs should be adequate to the capabilities of the government (regions), business, and society; improvement should not turn into a heavy burden and a source of rent extraction. On the other hand, it was shown that significant liberalization in this field should be achieved in order to move from bureaucratic regulation towards respecting the opinion of local residents and property owners. The opinion of residents and owners (rather than abstract standards) should form the basis of decision-making, and unnecessary improvement projects and rules should not be imposed. This requires the revival of the public hearings institution, both in urban planning projects and in improvement projects, and it is necessary to guarantee the veto right of local residents and take into account their position.In practice, various formats can be used for protecting the rights of local residents – from local referendums to creating public councils. Other actors (political parties, nonprofit organizations, etc.) can also play an important role in public discussion, but for an effective dialogue, fundamental measures are needed to develop local democracy and civil society. 
Keywords: comfortable urban environment, urban improvement, legal regulation, urban planning policy, public hearings, local democracy
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The Ideological Legacy of Dmitry Dril: The Formation of the Russian Anthropological School of Criminal Law

Vasechko Vyacheslav
The purpose of this article is to comprehend the creative legacy of Dmitry A. Dril and the principles of the Russian anthropological school of criminal law of the late 19th and early 20th centuries, at the origins of which he stood, in relation to the current state of Russian culture and social and humanitarian science. The author uses the historical-systemic, retrospective and rationalistic methods as research tools. It is emphasized that Dmitry Dril and his followers, actively borrowing the achievements of European scientists of their time (in the field of both natural and social sciences), pursued their own path, dictated by the specifics of Russian legal and socio-political realities, which significantly differed from those in the West. In his critique of the so-called classical school of criminal law, the Russian criminologist does not copy the ideas of Cesare Lombroso and his adherents, but clearly distances himself from the extremes of Lombrosianism. He consciously advocates for the comprehensive study of humans, including criminals, drawing on a range of scientific disciplines, thereby heralding interdisciplinary integration, which is increasingly becoming one of the main trends in modern science. Dmitry Dril is aligned with post-non-classical science in his unwillingness to be confined to purely theoretical knowledge and his conviction of the necessity of close interaction of science and other forms of world exploration and personal self-realization (justice, religion, and morality). The article concludes that the concerns of the Russian society in the Silver Age era retain their relevance at the present time. In this regard, acquaintance with Dmitry Dril’s ideas allows us to more adequately describe the state in which our country is today and to better assess the prospects for its immediate development in general and the law enforcement system in particular. 
Keywords: Dmitry A. Dril, criminal law, Russian anthropological school of criminal law, legal anthropology, criminal sociology, methods of natural sciences in criminology, interdisciplinary integration
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