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Vol 15, No 3 (2019)
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A POLITICAL WRITER'S COLUMN

3-9 358
Abstract

Introduction. Following the collapse, or rather self-liquidation, of the Soviet Union-USSR world events began to develop at a kaleidoscopic speed. Europe, Russia and the United States ceased to be central actors in global politics. Huge civilization countries such as China, India and the African continent broke into global politics with ever-increasing power. The united bloc of Islamic countries began to make aggressive claims to the entire world community, and especially to the countries of Christian civilization. And the most important and unexpected thing is that the peoples, nations, communities everywhere began to return to their civilizational, religious and spiritual roots.

Materials and methods. Various methods such as comparative law, systemic, logical analysis and other methods were used in writing this article.

The results of the study. The attempt to globalize the world by the socio-political criterion “capitalism socialism” failed. The world community, or rather its political, economic and intellectual elite, was given a clear message: ideologies of all kinds communism, fascism, nationalism, socialism eventually undergo transformation, split into sub streams and practically disappear, but the world religions and civilizations remain.

Discussion and conclusion. The world globalized spontaneously and naturally, with financial, economic, political and technological dimensions playing the major role. At the same time globalization laid the foundation of new contradictions among countries that enjoy different social, economic levels of development and belong to various civilizations. Moreover, the interests of civilizations living in different time dimensions began to clash, like Islam that lives in 1441 and other countries that have been living in the 21st century for the second decade. The ideology of multiculturalism both in Western Europe and in the USA turned out to be unrealizable in practice, just like the communist ideology that has sunk into oblivion.

LAW IN THE PRESENT-DAY WORLD

10-22 2129
Abstract

Introduction. The article is devoted to political and socio-economic processes in the Philippines in the context of re-defining and re-understanding of the “Good Governance” concept.

The term “good governance” in the Philippines is generally defined politically. As noted by the University of the Philippines Diliman National College of Public Administration and Governance (UP NCPAG), “good governance” is mainly concerned with improving the quality of government (QOG) which it perceives plays a key role in reclaiming democratic space. Thus, the main thrust is “to address the issues of anti-corruption, ethical public service service, efficient and effective delivery of public services by concerned Philippine institutions” (Forum Concept of the CLCD2018).

Material and methods. To address meaningful governance for UP NCPAG therefore is to assess the country’s democratic institutions. This all leads to the major aims to assess the country’s democratic institutions and whether democracy has led to meaningful governance reforms in the Philippine context. This definition of governance has generally characterized the assessment of the post-martial law administrations of Corazon C. Aquino (1986-1992), Fidel V. Ramos (1992-1998), Joseph E. Estrada (1998-2001), Gloria Macapagal-Arroyo (2001-2010), Benigno S. Aquino (2010-2016) and Rodrigo R. Duterte (2016present).

Results. Although political reforms to strengthen the quality of government is indeed pertinent, this paper will, however, argue that these political reforms will only have a substantive impact on the democratization process in the country if it is coupled with policy reforms which address the growing socio-economic inequalities in Philippine society. In particular, there is a need for socio-economic policies which will address redistribution. Without this, not only will the economic but also the political gap between the rich and the poor remain wide, but it will also make the implementation of political reforms close to impossible.

Discussion and Conclusions. The first part of this paper will, therefore, define how the term “governance” has generally been applied to the Philippines. It will elucidate how its definition has been generally limited to the political sphere and why there is a need to expand on this to include the socio-economic domain. It will highlight this concern in the post-martial law administrations. The second part, on the other hand, will elaborate on this issue in the current Duterte administration.

23-31 477
Abstract

Introduction. The modern legal system is unthinkable without the creation, transmission, exchange, movement of legal information. Indeed, the full cycle of legal development (from legal thinking to law enforcement) implies the perception, creation, change, transfer of legal information. Through legal influence a permanent and multidirectional movement of legal information is carried out, as well as its reflection in the legal consciousness of the subject and subsequent incarnation in behavior. The significance and role of legal influence is clearly manifested precisely in the fact that legal information, for example, contained in the text of the legal norm, being brought to the consciousness of a person, becomes an effective force directing and regulating the behavior of the subject.

Materials and methods. Universal (philosophical), general scientific, private scientific (private law) methods of cognition were used in the research process, including dialectical, logical and formal-legal methods. The specificity of the subject of the study led to the use of information and systems approach.

Results. The author formulates the definition of legal information as a set of information and other data that are presented in legal acts, regulatory and technical, reference and scientific materials, as well as legal information created and transmitted by subjects in the course of their interaction, which results in the streamlining of social relations of subjects. It is noted that legal information may be formal and informal.

Discussion and conclusion. The author comes to the conclusion that the synergy of legal influence is the effect of increasing efficiency through the use of interconnection and mutual reinforcement of the «work» of different elements and components of legal influence based on the movement of legal information.

32-38 834
Abstract

Introduction. Smart contracts have become demanded agreements in the modern market with the development of crypto-currency due to their ability to provide and guarantee enforcement. To date they are performed automatically using blockchain technology. Smart contracts are the subject of debate in many countries, primarily because issues have arisen in their legal enactment in the field of regulation of digital assets and the legal recognition of blockchain technology itself, which determined the purpose of this scientific research. For the purpose of a deeper understanding of the essence of this type of agreements, a historical method has been applied in the work on the features of the formation of smart contracts. To identify key differences, a formal legal and comparative analysis of smart contracts with classical contracts in electronic form was carried out. The areas of application of smart contracts in the world and in Russia, such as banking, healthcare, insurance and public services, were also studied.

Materials and methods. The methodological basis of the study was made up of the following general scientific and special methods of cognition of legal phenomena and processes, including systemic, historical, formal legal, comparative and analytical approaches.

Results. An assessment is made of such contracts from the point of view of the existing civil law of the Russian Federation and further directions for study and development are proposed, including the improvement of the regulatory and institutional environment to maintain legal certainty.

Discussion and conclusion. The existing legal regulation does not prohibit the use of smart contracts in the business practices of companies and individuals. But the simplicity of the transaction implementation algorithm built on the blockchain still requires some legal support.

39-46 483
Abstract

Introduction. The article is devoted to identification of interrelations between the modeling of legal development of public relations and global issues. The necessity of using modeling methods in the development of regulatory impact mechanisms and the importance of taking into account modern megatrends in this process are substantiated. Although the history of researching legal development modeling accounts for more than half a century, the establishment of the relationship of modern problems with the methods of legal forecasting is a relatively new area of research.

Materials and methods. The methodological basis of the work consists of general scientific and special methods of knowledge of legal phenomena and processes, such as the method of historical and logical analysis, the structural method, the axiomatic method and the method of comparative law. The UN data on demographic dynamics of the population are used.

Research results. The article presents a structural and legal model for achieving the UN sustainable development goals, which comprises two levels: elaborative and integral. In the course of the analysis significant interrelations between modern global problems and legal development modeling have been established.

Discussion and conclusions. The discussion of solutions to global problems in the scientific literature highlighted the importance of joint efforts to achieve the desired result. According to the author, legal development modeling can become one of the effective tools for solving current global problems of our time.

ADMINISTRATION: CHALLENGES AND PROSPECTS

47-54 1158
Abstract

Introduction. Topical issues regarding the implementation of personnel policy in the government institutions of the Lugansk People’s Republic are presented and explored in the article. The analysis of the features of the personnel policy implementation at the present stage of development of social relations provides a basis for using relevant motivational measures to improve the effectiveness of personnel work.

Materials and methods. In the research process, a complex of philosophical, general scientific and special methods and techniques was used, namely: critical and axiomatic method, method of analysis and synthesis, structural and functional method, abstraction; deduction and induction, statistical and econometric methods; general logical methods and techniques for forming scientific conclusions and research results.

Results of the study. The analysis of the personnel policy implementation in public institutions in the Lugansk People’s Republic found that its coordination is carried out within the framework of the current legislation in order to improve the situation in the demographic, employment and labor market, education and science, health, culture and moral upbringing fields. However, in the process of implementing the main directions of the personnel policy, the features of the economic and political situation in the country at the present stage were not fully taken into account. Thus, in order to improve personnel work in the republic a list of systematic measures to increase motivation among public servants was proposed for use, taking into account existing realities.

Discussion and conclusions. The study showed that in order to successfully carry out personnel work in the government of the republic, it is extremely important to justify the introduction of a system of non-material motivation for existing employees and the changes corresponding to modern realities in the process of selecting personnel as components of the implementation of personnel policies in government institutions of the Lugansk People’s Republic.

55-63 1345
Abstract

Introduction. The centuries-old history of the state and political protest movements as their driving force highlights an interesting pattern. Participants, initiators, and leaders are not interested in the underlying causes of protests. The forms and content of management, socio-political systems are changing but in all situations a narrow circle of people continues to make all important decisions.

Materials and methods. The study used comparative legal and systemic methods, various materials.

The results of the study. Political decisions overtly or covertly threaten performers of these decisions with punishment for non-compliance. However, as a rule only they always bear suffering and losses for erroneous decisions.

Discussion and conclusion. According to Hegel a political decision is based “on subjective goals and opinions, on subjective feeling and private conviction that lead to the destruction of internal morality, integrity and conscience, love and law in relations between individuals, on the one hand, and public order and state laws not limited by legal norms and not restrained by public institutions, on the other”. The well-known scientists Weber, Duverger, Bentham and many others also held the same opinion that politics expresses “the desire of those in power to possess it, which provides them with control over society and personal benefits”. The term “politics” in its modern sense has arisen due to a misunderstanding. The prestige of Aristotle was used to give the befitting justification to the right of the sovereign to make decisions according to his preference and whim. In the 3rd century A.D. Aristotle used in his work the word “politics”, which at that time meant “state” (“polity” is the rule of the majority; Aristotle used it as the name of a specific form of state republic). Now, in many contexts, the word “politics” is used along with the terms “political system” or “state”, and the lack of knowledge about patterns is replaced by describing past or fictional events in the lives of the mighty people and fortunetelling about future events.

64-70 482
Abstract

Introduction. The article examines the issues of legal personality related to human rights in international and national law and whether these relations are limited by the interaction of the state and the individual.

Since 2016 the United States has been investigating alleged Russian meddling in the US election, which, in addition to hacker attacks, might have been carried out through social networks and services owned by the American multinational corporations – Facebook, Youtube, Twitter, etc. Discussions in the Senate shed light on the business activities of the companies themselves which had an opportunity to manipulate and most likely manipulated the public consciousness, which is a violation of the basic human rights to freedom of choice, freedom of the media and others. At the same time this activity occurred with the alleged observance of legislation and contract law.

The article discusses various aspects of the activities of Google and Facebook during a number of American electoral campaigns as evidence of corporate human rights violations.

Materials and methods. The methodological basis of the study comprises general scientific (analysis, analogy, comparison) and special methods of researching legal phenomena and processes (method of interpretation of legal norms, technical-legal, formal-legal and formal-logical methods).

The results of the study. Nowadays Corporations have reached a level of influence comparable to that of the states. But if for economists or political scientists there is no question of including companies in the legal personality structure, lawyers still have doubts. The analysis shows that the traditional approach to human rights as a relationship exclusively between the state and the individual does not fully meet modern realities. The person of legal relations is a participant in interaction regulated by the rules of law. The electoral campaigns in the United States in recent years show that large transnational corporations are able to violate the fundamental rights of the person enshrined in the constitution while observing secondary norms designed to ensure their implementation as well as contract law concerning user agreements.

Discussion and conclusions. The necessity of considering human rights in the system of relations “state corporation – physical individual” was substantiated. The conclusion is made that corporations are a threat to the observance of human rights. The topicality of researching the American experience regarding Internet companies influencing the electoral processes in Russia was shown.



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ISSN 2073-8420 (Print)
ISSN 2587-5736 (Online)