A POLITICAL WRITER'S COLUMN
Introduction. The issues of federalism theory, history, policy and practices have been the focus both in Russia and abroad over decades. Hundreds of books, thousands of research papers, lots of scientific conferences and seminars seem to have been dedicated to this problem. Yet we are still watching a burgeoning interest in this issue due to the increasing role of federalism in the reality of the modern world.
Methods and Materials. The research involves such methods as logical analysis, systematic and comparative legal methods, etc.
Research Outcomes. 1. The federal system of Russia, its political stability, sustainable nature of interfederal relations are the true facts, giving rise to necessity for the transition to a new model of federalism, which can prove to be more appropriate in terms of current economic and political environments prevailing in Russia.
2. There is no doubt that the federal system of polity of the Russian Federation is justifed by legal, judicial, political and economic aspects, with no reasonable alternatives. The question is whether the existing principle of national and territorial structural organization of the Russian Federation is appropriate by now. There are persuasive arguments for the priority of the geographical and economic principle over the national and territorial division.
3. The geographical and economic principle priority in the organization of modern Russia does not mean that specifc national and ethnic features of certain regions will be neglected.
4. The geographical and economic principle priority in the organization of the Russian Federation will result in the consolidation of Russian entities and provide them with more extent of economic independence.
Discussion and conclusion. It is obvious that from perspective of long-term development of Russia, the development of all Russian entities should be going at the same pace, which is not an easy task in the existing social, political and economic environments. The pace of development demonstrated by Moscow or Saint Petersburg Regions, or Tatarstan cannot be justly compared with those of Ingushetia or Dagestan. Indeed, the developed entities of the Russian Federation cannot endlessly donate to those lacking dynamics in their development. It is crystal clear that the modern day organization of the Russian Federation based on mere national and territorial grounds can hardly promote the equal development and integration of all Russian regions. Cultural and civilizational distinctions of certain entities should not lead to their isolation within one country and lagging behind national development.
LAW IN THE PRESENT-DAY WORLD
Introduction. The article deals with the problems of sovereignty of modern states in the context of political confrontation at the beginning of the 21st century. The author performs a legal analysis of the issue of a state’s constitutional identity limitation by supranational interstate associations and the issue of inter-ference of some states in the affairs of others as a modern trend of interstate communication.
Materials and methods. The theoretical basis of the research is the views of the German jurisprudent R. Jhering on the correlation of objective law and subjective law, as well as on the conditions that are necessary for the existence of the rule of law. The empirical basis of the research is represented by the current legal regulation of the Russian Federation and the United States of America, as well as by legislative initiatives being under consideration in the Congress of the United States of America. The methodological basis of the research is the formal logical method, the method of system analysis, structural and functional method.
Results. On the basis of the analysis of modern trends in the interstate in-teraction and after consideration of individual domestic political decisions taken in the Russian Federation and the United States of America the author con-cludes, that the international cooperation is impossible without adopting sover-eignty ensuring government measures which measure up both to the violation of the state’s constitutional identity by interstate associations and to the interference of states into the internal affairs of others.
Discussion and conclusion. Interference of interstate associations in a state’s constitutional identity and states’ consistent interference in the internal af-fairs of other states are an absolutely unacceptable practice from the standpoint of international law. Such a practice prevents the construction of international cooperation on the basis of consensus and mutual respect and brings to naught the effectiveness of interstate cooperation.
Introduction. The article deals with the issue of cultural differences affecting positive law specifc character from the point of view of law and order awareness, as well as from the point of view of law enforcement. A classical sample is difference between Anglo-Saxon case law and written (prohibitive) law. The author scrutinizes modality types correlation, specially pointing out deontic and axiological modalities. Going back genetically to common semantic feld of sociocultural norm as a limit, rule of law can be viewed as a derivative from a broader context (“hidden modality”). This particular context presets possible interpretations limits, not always obvious for an outsider.
Materials and methods. Methodological foundation for research is the comparison analysis method based on various interpretation types comparison and ascertainment of commensurability lacunas, important from the point of view of accuracy of a translation of language expressions with due consideration to their modality. Fixation on referential basis of these expressions, i.e. their principal focusing on reflection of real processes, as well as systems and consistence (“logicality”) principles peculiar to conception of positive law rational status, have a special importance in this case.
Research results. The article shows that various modality types in law are connected on the one hand with linguo-cultural peculiarities, to which a specifc system of law is “tied”. On the other hand the law itself when forming its own conceptual construct enters the feld of forming a more strict and unifed (artifcial) language having reverse influence on “natural” views on rules of law. Such a language includes various modality types and exists in a complex interaction with perception of reality process and codifcation of corresponding social behavior rules, forming social space by means of such social regulator as positive law.
Discussion and conclusion. The article describes basic logical conditions for making new rules of law and processing existing rules in the course of international treaties preparation. Possibilities and limitations of communicative practice influence on making rules of law have been analyzed, unobvious problems for an interpreter dealing with comparison of various sociocultural modality types specifc for national legal systems have been shown.
Introduction. The process of adaptation and integration of foreign citizens in the host country is of high importance to ensure the balance of interests of community members. Representatives of various branches of knowledge (philosophy, sociology, psychology, law, pedagogy, etc.) are engaged in its study. Today social adaptation and integration of migrants are in the zone of special attention of the Russian state since steady development of our society is dependent on successful implementation of such policies. In this article the author analyses certain provisions of the draft Federal Law “On Social and Cultural Adaptation and Integration of Foreign Citizens in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” prepared by the Federal Agency for Nationalities Affairs and submitted for public discussion.
Materials and methods. The main research methods used hereinafter are theoretical analysis of the text of a regulatory act, analysis and synthesis of scientifc literature, methods of abstraction and induction, comparison and analogy as well as a formal logical method.
The results of the study. An analysis of the content of the Draft Law made it possible to identify a number of provisions that seem to require adjustment. In particular, there is a need: - to clarify the defnition of the concepts of “social adaptation” and “social integration”; - to defne the concepts of “cultural adaptation” and “cultural integration” matching them with the concepts of “social adaptation” and social integration”; - to fnalise and systematise the list of measures set forth in the Draft Law as the conditions necessary for the success of the adaptation process and the integration of foreign citizens in the host country; - to adjust the terminology used by the legislator in relation to the activities carried out by the state. The author makes certain conclusions and provides due reasoning in the course of the analysis of the Draft Law provisions.
Discussion and conclusion. Given the complexity of the process of adaptation and integration of migrants, its legal regulation is an extremely diffcult task for the legislator. At the same time such effor ts are vital as the lack of clarity of the legal norm, the ambiguity of the concepts used in the law often lead to a distorted interpretation and perception of the social phenomena.
Introduction. The article analyzes the evolution of priority directions and main methods of legal regulation of the information sphere in modern Russia. The main focus is on the specifcs of the regulation of the state information policy in Russia in the new political reality that emerged after 2014. The article explores the basic criteria for the improvement of information legislation with the aim of increasing the effciency of forms and methods of implementation of the communication policy as a management function of the modern state.
Materials and methods. Comparative analysis of the legal regulation of the information sphere as one of the main tools of state power in relation to media policy as a management function of the modern state allows conducting a comprehensive interdisciplinary study of the modern practice of implementation of state information policy by public authorities and management of the Russian Federation. The article also uses general scientifc and special methods of cognition of legal phenomena and processes in the sphere of Russian information legislation: the method of systemic structural analysis, comparative-legal and formal-logical methods.
Results. The formation and improvement of the legal framework for the development of the information society acts as a priority direction of the state information policy. To date, Russia has established and successfully operates an integrated system of national legislation in the feld of information as a separate independent branch of Russian law. The basis of information policy, as well as policy in General, constitute a set of rules of law and mechanisms for their implementation.
Discussion and Conclusion. Information legislation is one of the main conditions for the development and implementation of the state information policy. It creates a legal basis for the regulation of the market of information products and services, as well as the development of the entire complex of mass communication, information and communication. The practical implementation of the state information policy in all its functional and temporary aspects provides for the constant development of information legislation as a system of interrelated legal norms based on the constitutional principles of the Federal structure of the Russian state, the separation of powers, the delimitation of the subjects of jurisdiction and authority and the construction of a unifed system of Russian legislation.
Introduction. Speculative behavior is common for modern stock markets. It leads to corporate short-termism and therefore has negative systemic implications for the states’ economies. In an attempt to mitigate this trend, the German lawmaker developed national legislation aiming, inter alia, to provide company management with additional powers it could potentially use to prevent hostile takeovers. This experience needs to be critically studied in terms of both German and Russian doctrine and legal practice.
Materials and methods. This paper uses the following general and specifc scientifc methods: structure-function analysis, comparative law method, Aristotelian method, statistical method, historical method, systemic method and hermeneutic method.
Results of the research. Reacting towards a number of transactions affecting the German corporate landscape, the German legislature developed the Law on Acquisition of Securities and Change of Corporate Control. This Law contains protectionist provisions potentially entitling the board of directors of a joint-stock company to undertake measures to prevent hostile takeovers either subject to consent of the supervisory board or in cases where it is authorized to do so according to the corporate charter. Nevertheless, the impact these powers have in practice is very limited, which can be mostly attributed to practical considerations of the German judiciary and legislature.
Discussion and conclusions. The article contains analysis of the German and Russian legal doctrine and court practice pertaining to joint-stock companies, as well as the scope of authorities of their management, analysis of the basic advantages and disadvantages of the German regulatory approach, conclusions as to applicability of the German approach in Russia.
Introduction. In the article the legal nature of agreements on alternative methods of settlement of the conflicts is analyzed. The terminological problem of use of various categories connected with alternative settlement of the conflicts is considered. The author claims that the agreement under consideration has civil character, and is directed to change of the general order of protection of the subjective civil rights of contractors. The article proves that the conclusion of the designated agreement has essential advantages to contractors since it allows them to save time and money, to keep partnership, confidentiality and to choose a professional intermediary.
Materials and methods. The theoretical basis of the research rests on the works by the Russian and foreign researchers in which various methods of alternative conflict settlement are considered. In particular, the terminological issues concerning the use of the term «alternative methods of settlement of disputes» are analysed by Davydenko D.L. The works of the Russian(Inshakova A. Oh, Kazachenok S. Yu., Sevastyanova, TymchukYu.A., etc.) and foreign (Brown J., Harvey K., Kovick D., Susskind E.L.) researchers are devoted to current trends of development of alternative methods of conflicts settlement. The complex research of the existing alternative mechanisms of settlement of disputes is presented in the works «Ways of settlement of disputes in different law systems » (by Artemyev Yu.A., Ermakov E.P., Kovyrshin N.A., Rusakova E.P.), «Alternative mechanisms of settlement of disputes as the instrument of formation of the favorable environment for business activity (evidence of Russia and foreign countries)» (editor-in-chief N.G. Semilyutin. M). At the same time, it is necessary to state that there is a lack of the scientifc works exploring the issues of agreements on alternative methods of conflict settlement. The study used both general scientifc methods (dialectical method of cognition, analysis, synthesis, etc.) and particular scientifc methods (formal legal, logical, etc.) of scientifc cognition.
Results of a research. As a result of the analysis, the author’s defnition of the category “agreements on alternative methods of conflict resolution” was formulated, the essential features of the agreements under consideration were identifed, and the advantages of their conclusion were justifed. The author argues that agreements on alternative methods for resolving conflicts are of a civil law nature, and, accordingly, constitute a specifc type of contract (agreement on the use of a conflict resolution complaint procedure, arbitration agreement, mediation agreement).
Discussion and conclusion. The need to develop the corresponding practical recommendations is proved taking into account the advantages of the conclusion of agreements to use the alternative methods of conflicts settlement. It is emphasized that the existence of evidence-based practical recommendations about the conclusion of agreements acts as one of the factors ensuring the effectiveness of their realization.
ADMINISTRATION: CHALLENGES AND PROSPECTS
Introduction. The article gives an assessment of the e-government development in Russia from 2008 to 2018. E-government contributes to the development of the state’s information infrastructure, improves the effciency of public service delivery to the society and attracts the public to participate in the process of developing and adopting government decisions. The article presents a comparative analysis of the development of the electronic government of Russia with other countries. The key issues of improving e-government in Russia are identifed on the basis of the UN e-government development index. This indicator allows assessing whether the state is ready to provide electronic public services to citizens and what are its opportunities for using information and communication technologies in providing these services.
Materials and methods. Electronic government has become the subject of a wide range of disciplines, including political communication and sociology. Currently, scientists are paying increasing attention to the intersection of technological factors, equipment and culture in the adoption and use of information and communication technologies (ICT), e-government research has begun to demonstrate some diversifcation. Russian scientists mostly focus on the statistic data of implementation of egovernment and consequences for governance and society. This investigation is based on following methods: 1) content-analysis of offcial documents of the Russian Federation concerning e-government; 2) declarations and interviews of offcial authorities; 3) monitoring of mass media; 3) international and national statistics data analysis.
Study results. Russia has relatively good indicators of e-government development in the world (according to UN e-Government Development Index), and the introduction of e-government is quite fast. But, in comparison with the leading countries, Russia still lags far behind in many respects because of: huge territory; low level of distribution of electronic services; low activity of mobile communication; weak dynamics of the increase in the number of Internet users; lack of the necessary law regulatory framework; low computer literacy of many government offcials.
Introduction. A new sub discipline of the Theory of international relations – The History of the TIR, is already in place in the scientifc community of international studies. One of the most important problems, stated by the scientists, is the heterogeneity, fragmentation and the lack of fnished structure of the Theory of international relations. This article is devoted to only one of the multitude of questions: what date may be regarded as a “starting point”, the beginning of the discipline from which we should analyze the achieved results?
Materials and Methods. While preparing this article, the author used the method of the comparative study of the intellectual traditions in the history of the political and legal thought.
The Results of the Study. Nowadays the Theory of international relations is still at the stage of formation with its main features as fragmentation and absence of coherence towards the key moments of its development, including the date of its birth. Therefore, the appearance of the new discipline – History of the Theory of international relations – is quite natural as it helps to build necessary “bridges” and to clarify the details of the international studies development.
Discussion and Conclusions. Today none of the existing theoretical or epistemological attitudes can be regarded suffciently complete to pretend for a monopoly in the international studies. Moreover, no real intellectual progress allows this or that theoretical worldview to have the absolute priority. In the context of the quite complicated and contradictory issues that exist in real international relations, no simple or unequivocal explanation is possible. Therefore, it is high time to turn away from the endless interdisciplinary debates and start evaluating the real problems, but it would presuppose, according to David A. Lake, the recognition of different judgments and articulation of the lexicon which is able to identify not only what the various research traditions have in common but also what differentiates them.
Introduction. The article analyzes ILO’s history, specifc features of its structural organization, main activities of ILO, which is one hundred years in 2019, as well as USSR and Russia’s participation in the work of ILO.
Materials and methods. The methodological basis of the research includes general scientifc and special methods of analysis i.e. historical methods, formal methods, comparative method. The theoretical background of the research consists of works of specialists in international labour law, ILO-s Charter, other offcial documents of International Labour Organization.
Results. International Labour Organization has proved to be one of the most respected UN special institutions. Its mandate is to promote right to work, employment, to expand social security of workers, to strengthen social dialogue. ILO is a unique international institution as it alone is based on “tripartism” principle and in all ILO bodies governments of member states are represented along with trade-unions and employers. Main activities of ILO are elaboration of conventions and recommendations on social and labour issues, technical assistance, research as well as collection and analysis of labour statistics. The most important activity of ILO – elaboration of international labour standards. During one hundred years of its existence ILO elaborated 189 conventions on social and labour issues. The author’s analysis proves that high income countries have the biggest numbers of ratifcations of ILO conventions. But there are exeptions i.e. the USA and some Islamic states. Author analyses the USSR’s participation in the work of ILO as well as diffculties that it encountered in this institution. On the contrary modern Russia has no problems with ILO as its laws correspond to the ratifed ILO conventions. Its total number is 76 which is more than in any other post-soviet country.
Conclusion. It is proved that ILO encountered many challenges during the long period of its existence. These challenges were posed in particular by Create Depression and by the Second World War. But the Organization has always withstood challenges. Modern challenges to ILO are created by globalization as well as by transnationalization in the world economy.
Introduction. The article defnes the place and role of the institution of national anti-corruption planning in the context of the implementation of the state strategy to combat corruption practices, presents the main directions, principles, priorities and objectives of the new national anti-corruption plan, the main components of the mechanism of its implementation.
Materials and methods. The scientifc and methodological basis of the this research is formed by the dialectical-materialistic concept of scientific analysis, a set of general scientifc and special methods of research of political, legal, social, moral and managerial aspects of the state strategy in the sphere of combating corruption.
Results. The features of the content of the anticorruption powers of public authorities are presented; the nomenclature of innovative components of political, legal, economic, scientifc and educational initiatives of the state in the feld of combating corruption is presented; the main problems that should be paid attention to in the implementation of anticorruption measures under the national plan for the next three years are identifed. The issues of fighting elite corruption, de-offshorization of the economy, de-bureaucratization of management, optimization of the system of organization of tenders and auctions for procurement of goods and services for state and municipal needs, improving the effciency of legal, political and administrative mechanisms to combat corruption are also explored.
Conclusion. The necessary generalizations and conclusions are made, some proposals are made to improve the existing anti-corruption mechanism in the Russian Federation.
Introduction: The article discusses the theoretical basis of research in the feld of paradiplomacy or external relations of intrastate administrative-territorial entities. Paradiplomacy is an umbrella concept within several theoretical approaches that are significantly close in content. The author analyzes the main problems in the theory of diplomacy related to the lack of heuristic potential and the lack of a formed conceptual grid.
Materials and methods: from a theoretical and methodological point of view, the author uses the hermeneutic approach, which allows to combine descriptive techniques and analysis of the subjective aspects of the given phenomenon. In addition, the author relies on a comparative historical method and a normative political analysis, which makes it possible to ft the facts of political reality into the framework of political theory. The paradiplomatic practice of Russia, Brazil, Canada, USA, Tanzania, and the Republic of South Africa acted as the material for the study.
Research results: the author has identifed three main problems of the theory of paradiplomacy, which delay its further development. The theory of paradiplomacy does not have clear answers for questions of the spatial transformation of administrative-territorial units and the relationship of these transformation processes with paradiplomatic activity. The theory of paradiplomacy is unable to explain the phenomena of multilateral interregional relations and the unevenness of paradiplomatic activity.
Discussions and conclusions: the author states that the existing theoretical approaches to paradiplomacy are mainly descriptive in nature and do not address the problems of a methodological, epistemological and normative nature, which is an undoubted drawback.
Introduction. As the Sustainable Development Goals (SDGs) adopted by the UN in 2015 offcially specify the current global challenges, they will positively affect the activity of all social institutions in the near future. This article considers the potential competitive advantages that business will acquire providing its engagement into the implementation of the SDGs. The authors suggest that the private sector’s involvement in the global sustainable development related issues has become one of the essential factors of business long-term competitiveness. The article also reviews the leading multinational companies’ solutions and initiatives aimed at the achievement of the socially oriented SDGs. Based on these business cases, the authors identify the key trends that characterize the private sector’s participation in the fulfllment of the Agenda 2030 for Sustainable Development.
Materials and methods. General and private scientifc methods of cognition (analysis, synthesis, abstraction, generalizations, deduction and induction) form the methodological basis for this study.
Results of the study. In the course of the study, the authors disclose several trends that characterize the private sector’s participation in the implementation of the “Agenda 2030”. Besides the companies’ aspiration to participate in the implementation of the SDGs that directly concern their core business operations, many multinational corporations nowadays actively contribute to the achievement of the socially-oriented SDGs which facilitates the resolution of many macroeconomic problems. In addition, there is an obvious trend of cooperation between the private sector and other stakeholders – primarily, governments and nonproft organisations. They create multi-stakeholder partnerships that allow the participants to pool resources and reinforce the positive effects within the implemented projects.
Discussion and conclusions. Nowadays the SDGs present a particular guidance for the private sector, so the multinational companies have to review their business strategies in accordance with the challenges formulated on the global agenda. This study revealed the substantial competitive advantages that corporate sector would enjoy in case of its engagement in the implementation of the socially-oriented SDGs.
REVIEWS
ISSN 2587-5736 (Online)