Preview

Journal of Law and Administration

Advanced search
Vol 17, No 2 (2021)
View or download the full issue PDF (Russian)

THE TOPICAL ISSUES OF MODERN CIVILIZATION

3-12 763
Abstract

Introduction. The article is devoted to territorial interethnic disputes in the North Caucasus of the Russian Federation, both “frozen” and ongoing, and their impact on regional political processes.

Materials and methods. The theoretical and methodological foundations of the study are the concept of ethnic boundaries and social distance by F. Barth, the works on ethnopolitical conflicts by D. Horowitz, M. Toft, as well as the research of Russian scientists, such as A.V. Avksentiev, D.A. Dmitriev and others. For the North Caucasus, the issue of land ownership, the historical territory of the people has always been painful, it has been the main reason for and factor of interethnic distancing. This research is based on: 1) analysis of official documents of federal and regional authorities; 2) studying declarations of ethic movements and interviews of politicians; 3) media monitoring; 4) classification and situational analysis.

Results. The considered territorial disputes in the North Caucasus can be classified in terms of the  factors underlying the conflicts: territorial disputes as consequences of deportation (North Ossetia and Ingushetia, Dagestan); the problem of divided peoples (Lezgins); disputes over unsettled land ownership (Kabardino-Balkaria, Karachay-Cherkessia and Dagestan); disputes over administrative boundaries (Chechnya and Ingushetia, Chechnya and Dagestan).

Discussion and conclusion. Taking into account the fact of significance of the “historical territory” for the North Caucasian peoples, the resolution of territorial disputes should be carried out with respect for historical memory, with the involvement of conciliation procedures that have strong traditional foundations in North Caucasian societies. Territorial conflicts and grievances lead to mobilization of the people, the growth of protest moods and regional political instability, therefore land issues should be resolved with the involvement of the public opinion. This will help to avoid clashes on an ethno-territorial basis and increase the trust in the authorities.

LAW IN THE PRESENT-DAY WORLD

13-22 640
Abstract

Introduction. The article is concerned with international protection and promotion of human rights by the OIC. Recent developments in the international activity of the organization serve as the thematic justification of the study in the first place, as they reveal certain modifications in its approach to human rights. The study covers several theoretical and practical problems of international public law and national legal orders.

Materials and Methods. Methodology of the study includes general scientific methods, such as scientific assessment and description, scientific analysis and synthesis, abstraction, scientific explanation etc., and special methods of jurisprudence, such as historical, comparative and dogmatic methods. For the purposes of the study, universal agreements and soft law acts as well as OIC acts on human rights were studied alongside with UN databases and scientific and analytical papers on Islamic law and international public law.

Results. The study revealed that activity of the OIC and its member states in the field of protection and promotion of human rights shows more compliance with the universal standards and is likely to continue in that direction. It outlines the pluralistic approach of the OIC to human rights teachings and its concurrent commitment to Islamic and universal human rights concepts. Modifications in the OIC protection of human rights of vulnerable social groups are explored.

Discussion and conclusion. Activity of the OIC in the field of international human rights protection is analyzed from the standpoint of cultural relativism, the views on possible achievement of compatibility of human rights in Islam and universal standards are supported, the approach of the OIC to human rights is considered to reflect the particularities of approaches to human rights of Islamic states and international public law. At the same time ineffectiveness of certain human rights protection measures taken by some mechanisms of protection of human rights of the OIC are pointed out.

23-32 1021
Abstract

Introduction. The article describes the development of digital technologies for customs regulation of foreign economic activity in the EAEU space. Despite the existence of a single economic space, each state that is a member of the EAEU has the right to introduce its own rules for the movement of goods and persons across the customs borders, as well as rules for the inspection of such goods in customs control zones. In practice it is a situation in which customs carriers must take into account both their domestic legislation and the general rules in the field of customs transport in the EAEU and the relevant licensing requirements. Because of this, different approaches come operational in the organization of the activities of customs carriers, customs representatives, authorized economic operators, owners of temporary storage warehouses and customs warehouses. The lack of uniformity in this area does not allow us to develop a single mechanism for the movement of goods and persons across the customs borders, which generates contradictions between the customs authorities of the partner countries. The identified problems require mandatory resolution, since they reduce the growth rate of foreign economic activity in the EAEU space.

Materials and methods. The authors investigated a complex of normative and scientific sources. In terms of the legal aspects of the development of digital technologies of customs regulation of foreign economic activity, the Treaty on the Eurasian Economic Union, the Customs Code of the Eurasian Economic Union, the Federal Law "On Information, Information Technologies and Information Protection", the Decision of the Board of the Eurasian Economic Commission of 10.12.2013 No. 289 (ed. of 21.05.2019) were studied. From the doctrinal developments, the works of representatives of jurisprudence and scientistseconomists were considered, including the authors: Alyokhina O.V., Afonin P.N., Borisov K.G., Ignatieva G.V., Inshakova A.O., Kormych, Borys, Kovalev S.I., Matytsin D.E., Ostroumov N.V., Pavlova Ya.V., Plotnikov A.V., Rusakova E.P., Smirnova I.A., Tarasova N.L. Frolova E.E., Khrunova A.L. On logic Empirical materials were also used for the discussion of the topic.

Results. The article proves that in modern foreign economic activity digital technologies are used more and more intensively in the process of moving goods across customs borders. The digitization of customs control and customs expertise procedures is in great demand. These modes are now deeply computerized and integrated into the risk management system for the movement of goods. It is suggested that customs carriers should be involved in providing more complete and up-to-date information about the goods being transported, and they should be included in the risk management system based on the experience of the EU countries.

Discussion and Conclusion. The article critically examines the approaches to the application of the risk management system in Europe and the EAEU. This allowed us to identify the shortcomings that need to be addressed. Firstly, there is no relevant and reliable information on the accounting of customs relations subjects and foreign trade participants in the EAEU space; secondly, there is no regulated control procedure, in particular, the procedure for verifying compliance with customs legislation by foreign trade participants; third, there is no regulated regime for effective interaction of customs authorities with other agencies, economic operators, and each other; fourth, there is no procedure for applying the risk management system at the post-control stage.

33-41 1165
Abstract

Introduction. The article deals with the phenomenon of constitutional identity, which allows strengthening the protection of constitution. The author shows, that the constitutional courts are the creators of the constitutional identity all around the world. That is why its principles may be called «praetorian law», as a reference to Roman judicial practice. The principles of constitutional identity form by themselves a core of constitutional provisions, which guarantee historical continuity and durability of any legal order. A nation can use them to preserve its existence in a legal reality. Constitutional identity creates a subordination of norms in the constitutional text. The most important of them are on the top. Such a vertical system gives to the Constitutional courts a useful criterion for balancing different interests in a society. This criterion is fair enough, because it is stipulated by the constitution itself.

Materials and methods. The materials for the study include the constitutions of states, whose content is related to the problem discussed, decisions of constitutional courts and the legal positions expressed in them, as well as the conclusions of the constitutional and legal doctrine. The study uses the comparative method, which makes it possible to compare homogeneous legal phenomena, the systemic method, with the help of which constitutional identity is considered as an integral part of the mechanism of legal regulation, the dogmatic method that reveals the legal nature of the subject under study, as well as the dialectical method, which gives a holistic idea of subject of research.

Results. Constitutional identity, which determines the hierarchy of constitutional norms and values, characterizes a state, emphasizing its differences from others. Constitutional identity should be unchanged over time and free from ongoing changes to the constitutional text. Then it allows identifying the permanent features of a particular legal order and the state as a whole. Consequently, the principles of constitutional identity preserve the historical heritage of the people, the patterns of its development and a certain predictability of the future. Thus, constitutional identity ensures the continuity of different historical periods.

Discussion and conclusions. According to the author, the application of the principles of constitutional identity can give the current legal order an internal structure, reflected in the text of the Basic Law. At the same time, constitutional norms build a hierarchy that can reflect the hierarchy of significant values. The presence of such a hierarchy expands the possibilities of legal protection of the constitution, since the constitutional courts have a criterion for «weighing» public and private interests.

42-52 4417
Abstract

Introduction: the article deals with the modern system of sources of financial law in Russia. This article proves that the system of sources of financial law is a complex, multi-level, hierarchical and dynamic formation characterized by a variety and specific diversity of elements, which is not arbitrary or random.

Materials and methods. The methodological basis for this research is a set of methods of scientific knowledge: the analytical method, the method of synthesis and generalization of information. The study of this problem is based on the use of various methods of general scientific and special legal nature: dogmatic analysis, interpretation of legal norms, detailed study of the features of financial and legal documents, logical method, etc.

Results. The analysis showed that the development of sources of financial law in Russia at the present stage is characterized by the presence of a three-level system: federal, regional and municipal levels, and the hierarchical sequence and their interaction is determined by the Constitution of the Russian Federation. The system of sources of financial law in Russia consists of: The Constitution of the Russian Federation, international treaties and international legal norms, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, orders of the Government of the Russian Federation, laws of the entities of the Russian Federation, decisions of local self-government bodies and other normative legal acts.

Discussion and conclusion. As a result of the conducted research, it can be concluded that in order to systematize and logically complete the organization of the modern system of sources of financial law in Russia, it is necessary to adopt a single codified act regulating financial relations at various levels of the legal hierarchy.

53-60 918
Abstract

Introduction. The article considers international and national experience in legal regulation of medical waste disposal. The special attention is given to foreign experience and possibility of application and perfection of the legislation on medical waste recycling in the Russian Federation.

Materials and methods. Realization of research tasks has been reached on the basis of studying theoretical and practical experience of foreign countries concerning regulation of medical waste utilization. The study is based on the method of analysis of the current regulatory and legal framework in the Russian Federation, the practice of applying the legislation by judicial and other competent authorities and existing European (world) standards for the purposes of legal unification. Study results. In the article experience of the foreign countries concerning legal regulation of medical waste recycling, presented in the works of foreign and domestic researchers, the legislation of foreign countries is considered; the analysis of the sources regulating recycling of medical waste is conducted; various concepts of classifications of medical waste are revealed.

Discussion and conclusions. The study showed that polymorphism of medical waste is both an epidemiological and environmental hazard. The problem is compounded by the potential hazards that arise from contact with these wastes, such as toxicity, radioactivity and infection. This is why environmental and environmental legislation is of particular importance, along with health and sanitary legislation. These legal norms should be taken into account by medical institutions when developing procedures for handling hospital waste. On the basis of the above-stated it seems expedient to study the experience of developed countries, in particular of the USA and the European states, concerning legal regulation of utilization of medical wastes as the problem of safe handling of medical wastes is important for each subject of the Russian Federation.

ADMINISTRATION: CHALLENGES AND PROSPECTS

61-69 382
Abstract

Introduction. The article discusses approaches to describing recommender systems in public administration in the context of digital transformation of smart cities. Recommender systems are information filtering and recommendation mechanisms designed to facilitate and increase the speed of decision making. The effectiveness of public administration depends on the ability of state bodies not only to promptly respond to emerging challenges, but also on the ability to foresee such situations, to develop possible scenarios for future developments based on a retrospective analysis of available data, which will become possible due to the implementation of recommendation systems in the general canvas of the state digital platforms. Despite the lack of unambiguity in understanding the concept of a smart city, the scientific community emphasizes the importance of technological infrastructures not only for the life of the urban area, but also for the process of making management decisions. The scientific corps crystallizes the idea of a smart city as a functional urban area created by means of information and communication technologies, without which it becomes impossible to manage the city in an efficient and sustainable way. Over the past 20 years, the original concept of a smart city, conceived as a way to achieve more sustainable urban development, has gradually evolved to address the problems of ineffective governance. In this context, striving to improve such aspects as the quality of life of citizens, as well as the empowerment of their rights and opportunities, the smart city becomes a kind of environment in which the citizen is the center of all services and initiatives taking place in a given territory, where the use of technology plays the most important role.

Materials and methods. The methodological basis of the research is characterized by the following general scientific methods: analysis, synthesis, systemic and functional approaches.

Discussion and conclusion. As a result of the study, it was revealed that recommender systems should become part of the decision-making process in the field of public administration. The question of the quality of the recommendations provided remains unresolved, since the effectiveness of the recommendation systems depends on factors that go beyond the quality of the forecasting algorithm.

70-79 314
Abstract

Introduction: The concept of poverty is multifaceted. It develops along with the idea of growing importance of the individual in economic relations. Considering approaches to poverty in the context of various vectors of understanding, we can identify three main scientific directions of thought development: economic-sociological, psychological and political vectors. The paper considers the main features of the above-mentioned approaches with their contradictions and with special focus on the role of victimization within the vectors.

Materials and methods: The methodology of the work is based on the general theoretical views of Russian and foreign authors pertaining to the concept of "poverty" and its significance in economic and political science. Psychological view is also studied.

The results of the study: The presented vectors (economic-sociological, psychological, and political) are found to have some contradictions between them, either explicit or implicit. However comparing the approaches from the victimization point of view it is possible to say that the vectors in question complement each other, offering to the analysis new facets of victimization of the poor population which in turn go into the basis of poverty definitions. Therefore, it brings forward the question of the relationship between the identified types of victimization through the interdisciplinary approach’s perspective and/or in terms of their assessment.

The studied vectors were also differentiated by the criterion of victimization. Thus, within the framework of the analysis of the political vector, the following understanding of poverty was introduced: poverty is a victimization state of a person, which determines their inability to use their civil rights. It can be assumed that the contradictions found will be solved by developing a general structure of interaction of the considered vectors that explains the mechanisms of mutual influence of the considered vectors, covers all aspects of "poverty" and reflects the ways of interaction of different victimization types with respect to different vectors and/or in general.

Discussion and conclusion: The study of poverty in economic-sociological, political or psychological perspective requires not only scientific differentiation, but also a terminological differentiation with respect to legal definitions, in particular, pertaining to the poor, very poor (almspersons) and indigent population.



Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


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