THE TOPICAL ISSUES OF INTERNATIONAL RELATIONS
Introduction. The article presents a detailed analysis of scientific research of the last decade in the field of ecology, economy and population of the planet. The object of research is modern universal society. The subject of the research is new values, ideology and communication promoted by the new philosophy of sustainable development. The purpose of the study is to analyze and forecast the development of mankind in the medium and long term (2050 and 2100).
Materials and methods. The main analytical material is scientific reports that are in the public domain: People and the Planet of the Royal Society of London (2012), Come On! Capitalism, Short-Termism, Population and the Destruction of the Planet of the Club of Rome (2018), COVID-19.The Great Reset of the Davos WEF 2020. The theses of these works are compared with each other and other studies in this field. The research is carried out by historical, comparative and analytical methods. Analytical data are extrapolated to obtain forecast options within the stated horizon.
The results of the study. The obtained research results allow us to make forecasts of the development of the civilization, the processes of globalization and regionalization, and to evaluate options for such development.
Conclusion. The results obtained allow us to speak about the new philosophy promoted by global institutions and the resulting new values, ideology, communication and politics. The risks and prospects of the new paradigm for Russia are investigated.
Introduction. The authors are analyzing a new stage in the formation of 21st century world order, characterized by active policy of great powers - the United States, China, Russia, and other major powers. Primary attention is given to the U.S. strategy which the authors define as “governing (programming) strategy” aimed to influence (determine, program) policies and development of Russia and China who are declared to be primary challenges to the United States and their global competitors. The specified activities of the United States are considered in the article on the example of the Arctic region, which is becoming a space of intense competition between leading powers and a number of middle-level countries. Activities of China and Japan are described for better understanding of the situation in the Arctic. The Arctic has vital importance for the Russian Federation, and loss of privileged position can have serious consequences for the status and capabilities of Russia in the world.
Materials and methods. The theoretical basis of the study is structural realism. Not only the United States, but also other powers determine the institutional foundations of the emerging order, transforming old and forming new institutions, which is especially important for the Arctic. The methodological basis of the study is systemic approach, comparative and issuehistoric analysis.
Research results. Since 2021 the United States have begun a large-scale and multi-level strategy of constructing liberal world order aimed to deter and overplay Russia and China in global influence. In the framework of this strategy the Arctic region is of great importance as future role of the Russian Federation and the PRC to a great extent depends on their status in the Arctic.
Discussion and conclusion. The authors worked out new definitions of “world order” and “managed competition” that are essential for understanding contemporary international situation, American global programming strategy, prospects for Russia in world politics and in the Arctic.
LAW IN THE PRESENT-DAY WORLD
Introduction. International acts on sustainable development and human rights protection and promotion reveal interconnection between sustainability of development and protection of indigenous peoples’ rights. As the two concepts, that of sustainable development and that of indigenous peoples’ rights, are reflected in international law acts, their study in terms of international law science is necessary. The study is aimed to define theoretical bases and timely issues of international law coverage of sustainable development of indigenous peoples..
Materials and Methods. The study covers universal and regional (these of Arctic and America) international acts concerning sustainable development and protection of human rights. Works of specialists in international law and other humanitarian sciences dedicated to protection of indigenous peoples’ rights and sustainable development serve as its theoretical basis. The authors stick to system approach in their analysis of the concepts studied in terms of international legal science. Alongside with common scientific methods, they apply special methodology of legal science.
Results. Application of historical and comparative legal methods to the international acts on sustainable development and protection of human rights allowed the authors to reveal three major trends. The fi is recognition of indigenous peoples’ right to development and enjoyment of the virtues of sustainable development by the international community. The second one is the direct connection between protection of indigenous peoples’ rights and sustainable development. The third trend consists in recognition of the contribution of indigenous peoples to sustainable development by the international community. Using complex and system methods in studying those tendencies revealed the timely theoretical issues of maintaining sustainable development of indigenous peoples.
Discussion and Conclusions. Ensuring sustainable development of indigenous peoples is impossible without a review of the philosophical framework of the concept of sustainable development taking into account visions of those peoples. Protection of indigenous peoples’ rights directly influences their ability to enjoy virtues and contribute to sustainable development. Ignorance towards indigenous peoples’ rights and legal interests results in prejudice to those peoples caused by activities aimed to achieve the sustainable development goals. Modern sustainable development agenda doesn’t take into account a number of possible spheres of cooperation between indigenous peoples, civil community and state in the field of sustainable development.
Introduction. In Russia, the right to inherit is guaranteed by the Constitution of the Russian Federation (part 4, article 35). This right includes both the right of the testator to dispose of his property in the event of death, and the right of the heirs to receive it. Art. 1162 of the Civil Code of the Russian Federation establishes the right of the heir who has accepted the inheritance to receive a certificate of the right to inheritance, which can be realized by him at any time after the expiration of the six-month period for accepting the inheritance. However, if the inheritance includes real estate, then a certificate of the right to inheritance is necessary for state registration of the heir's property right. The purpose of this article was to study the issues of recognition of certificates of the right to inheritance, both from the point of view of legislative regulation and from the standpoint of existing judicial practice. The legal consequences of the invalidation of certificates of the right to inheritance, including in relation to the registered ownership of inherited real estate, have also been studied.
Materials and methods. This study is based on a combination of such methods of scientifi knowledge as: the dialectical method, which made it possible to connect the theory of inheritance law and judicial practice; the formal legal method made it possible to analyze legislative norms; The systematic method made it possible to consider the certifi of the right to inheritance as a system with internal unity and interconnections with other institutions of law.
The results of the study. The study made it possible to analyze the provisions of Section V "Inheritance Law" of the Civil Code of the Russian Federation, the Fundamentals of the Legislation of the Russian Federation on Notaries, which regulate the procedure for issuing certificates of the right to inheritance to heirs (by law, by will), as well as the existing judicial practice on recognizing them as invalid in the force of disputability or nullity, including from the personal practice of the author. It was stated that the contestation of notarial certificates of the right to inheritance expands the range of judicial practice to invalidate notarized transactions, which, in turn, does not contribute to the proper protection of the rights and legitimate interests of citizens (in 2019, there were 18 cases of compensation for losses incurred through the fault of a notary, in 2020 -15). Today, questions remain open about the responsibility of notaries for errors, as a result of which material damage was not caused to citizens or if the damage cannot be calculated and expressed in monetary terms. A number of gaps in the legislation in the studied area were also identified.
Discussion and conclusions. The absence in civil law of a clear correlation between the certificate of the right to inheritance and transactions is a legislative gap and does not contribute to the uniformity of judicial practice in inheritance disputes. It is advisable to make appropriate changes to Art. 35 Fundamentals of the legislation of the Russian Federation on notaries, as well as a number of articles of Section V "Inheritance Law" of the Civil Code of the Russian Federation based on the prevailing trends in judicial practice in inheritance cases.
Introduction. The article presents an analysis of the dialectics of goals and means as the most important philosophical categories that are actively used in the general theory of law and other legal sciences. The idea is substantiated that the effectiveness of the legal regulation of social relations, as well as the optimization of law-making, law-realization and law-interpretation processes, is based on a comprehensive analysis of such philosophical categories as "goal" and "means", which is explained by the very essence of legal regulation, which is traditionally understood as purposeful influence on public relations carried out with the help of legal means. Particular attention is focused on the nature and characteristics of goals and means, their relationship with the needs and interests of participants in public relations, as well as on those aspects of their interdependence that predetermine the specifics of legal regulation.
Materials and methods. The methodological basis of the study was made up of both general scientific and particular scientific methods of cognition. The fundamental method was the dialectical method, which made it possible to analyze the nonlinear nature of the interaction of goals and means as interrelated categories, as well as to explore the contradictions of the coexisting interests of the individual, society and the state, which predetermine the legal influence on social relations. The research also actively used the formal-logical method, the method of system-structural analysis, the synthesis of social and legal phenomena, the comparative legal method, the functional-analytical and system oriented approaches.
Research results. As a result of the analysis, it was revealed that the issue of the interaction between goals and means is relevant for any of the spheres of public life, and the key issue in this regard is not so much the variant of the “goal-means” correlation that we think is right to prefer in particular situation, as much as the fact that the means is not only an "appendage" of the goal. Thus, the means used to achieve a particular goal can change the goal itself, just as a particular goal can be viewed as a means to achieve a goal of a higher level. In addition to the above, the means used to achieve the goal can lead to a result that the subject of social relations rejects.
Discussion and conclusion. The conclusion is substantiated that the achievement of the goal is a certain result, however, it is also necessary to evaluate the result of achieving the goal itself, because it can be extremely unsatisfactory for the subject. It is argued that the dialectics of goals and means largely explains the nature of social relations as a dynamic, complex, self-developing and open system, which is distinguished by incompleteness, non-linearity and alternative development.
ADMINISTRATION: CHALLENGES AND PROSPECTS
Introduction. The article provides an overview of lobbying regulations in the United States. The US lobbying legislation is an integral part of the whole country legislation system, with its regulations helping, in particular, to make the influence exerted by lobbyists on the decision-making process transparent. The statusquo of lobbying anywhere except the US, Canada and the European Union is nonidentical as there still have not been enacted any direct laws and statutory instruments regulating this field elsewhere [8].
Lobbying is thus apt to be misinterpreted due to its misperceiving and insufficient awareness. Consequently, the myth that “bribing” is an equitable sobriquet for “lobbying” is still going strong and has yet to be dissected. The author delves into the origins and history of lobbying in the US, tracing its enhancement and indicating legal loopholes still remaining despite seemingly exhaustive disclosure required. The author equally inquiries into theoretical justifications for regulating lobbying from deliberative democratic theory. “Grassroots lobbying” and “shadow lobbying” constitute likewise matters of concern to the article.
Materials and methods. The author employs both general and specialized scientific methods in the study. The issue of US lobbying development is addressed by means of historical method. In detecting legal loopholes and propounding other approaches used in relation to them either on federal level or in certain states, a comparative legal analysis and a logical method are combined.
Study results. The research has revealed that lobbying activities in general and lobbying practices in particular unfold at every level of government. The acts adopted throughout the US lobbying history provide a range of definitions for the terms “lobbyist” and “lobby groups”, clarify the status of lobbyists and circumscribe the cases of obligatory disclosure of lobbying activities. Lobbying appears to be a thriving field due to it exerting immense influence on legislative process, as well as the outcome of the elections. Last but not least, the study has ascertained the US lobbying system as the one attempting not to leave any of lobbying activities opaque from public perspective by means of eliminating legal loopholes. Thus, lobbying regulations significantly contribute to fostering transparency and democracy overall.
Discussion and conclusion. From our perspective, lobbying exists even when unregulated, hence not only its regulations do not constitute corruption, but they can also serve as a means of outlawing the latter by bringing policy makers under close scrutiny, i.e. establishing certain limitations pertaining their interactions with lobbyists and lobby groups hence the decision-making process. With the aforesaid aim, as well as with the aim of keeping the decision-making process transparent in general, lobbying legislation in the US has been gradually developing in scale and sophistication to eventually encompass the vast number of lobbying interactions.
ISSN 2587-5736 (Online)