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Vol 18, No 4 (2022)
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АКТУАЛЬНЫЕ ПРОБЛЕМЫ ГОСУДАРСТВЕННОГО СТРОИТЕЛЬСТВА

3-18 767
Abstract
Introduction. The article presents an analysis of goals and arguments on the objective necessity of forming a unifying idea in modern Russian statehood, a set of values that form the basis of statehood, moral norms that do not provide for strict deadlinesfor implementation. The idea is substantiated that unification in Russia is possible on the basis of strategic planning, based on spiritual and moral natural values that humanity still cherishes, and obstacles to such consolidation are characterized. Special attention is focused on the components of the unifying idea: worldview; morality and morality; values; personal values; value orientations; culture; national consciousness; legal consciousness; state; statehood, state structure. The worldview-rich elements, which are called ideologemes, are presented in detail in the form of generalizing words-symbols, metaphors with powerful suggestive power, interconnected through images: Fatherland, sovereignty, the Russian world, equal opportunities, a single country - a single destiny, justice, solidary development, patriotism, humanity, mercy, service, family, unity in agreement, etc. Materials and methods. The theoretical and methodological basis of the study was made up of both general scientific and private scientific methods of cognition. Methods of systematic, comparative legal analysis, special philosophical and legal research tools, involvement of the results of Russian and foreign studies on ideologies, statehood, state structure, problems of worldview, cultural identity were actively used in the work. Research results. According to the results of the analysis, it was revealed that it is impossible not to notice the unifying ideas and ambitions that exist in different states, which are reflected in short mottos that have the property of ideologemes. For Russia's current ambitions, it is to accelerate the crisis of the entire system that developed after the Great Patriotic War, led by the United States, reformat it into a multipolar world, attracting other states to its side, preserving the sovereignty and cultural identity of the people, strengthening its economyand defense capability. In this case, there is a need to reassess the existing basic values and consider their potential for favorable scenarios for the development of the country.Discussion and conclusion. The conclusion is substantiated that the unifying idea is expressed in the fusion of the traditional worldview of the people, which changes much more slowly than state institutions, state structure and statehood, with the necessity of today's time, the demands of the moment. The fusion of the past and the present in this regard is the strongest spiritual and moral bond. The article proposes the author's concept of the unifying idea of Russia, which should be based on an effective state structure, on solving the problems of saving the people, their cultural identity. In this case, it can be argued that the country has statehood.
19-33 734
Abstract
Introduction. The subject of the scientific analysis presented in the report is the concept, the main content characteristics, patterns and priority directions of the content transformation of ideology as a social phenomenon, the problems of the possibility, necessity and difficulties of forming a state ideology, the specifics of its implementation in the context of both new opportunities and a great variety of internal and external threats. It is emphasized that ideology, being in a state of dialectical development, appropriately rethinks the constants and contradictions of objective reality, while maintaining its "civilizational code" and its functional purpose. Methodology and methods. Dialectical-materialistic research model; methods of observation and comparison, analysis and synthesis, induction and deduction, mental modeling, ascent from the abstract to the concrete. The results of the study. Attention is focused on the dangers of the ideology of great-power chauvinism and geopolitical hegemonism, the fusion of liberalism with the ideology of racism, radical nationalism and fascism, the ideology of spiritual poverty and imbecility. In a comparative cross-country and intercivilizational way, the features of a great variety of ideological concepts are analyzed, the author's position on the prospects for the formation of state ideology in the conditions of pluralism and broad political freedoms of modern Russia is presented. The strategic expediency of maintaining the prohibition of state or mandatory ideology is questioned, the answer to the question of the possibility, necessity and practical significance of state ideology is presented. Justifies the justice of the fact that the state cannot exist without a scientifically based ideological platform in a long historical perspective, that the rejection of the state idea provokes serious failures in values. Discussion and conclusion. Attention is drawn to the ideological, scientific and legal difficulties of the formation of state ideology in the value space of a modern democratic state. As a final conclusion, itis proved that the dominant ideological system consolidating society and ensuring the sovereignty of the Russian statehood can be the ideas of patriotism, legal legality, social justice and humanism, categorical rejection of the ideology of liberal-globalist egocentrism, aggression and political hypocrisy. Which fully corresponds to the ideals and values of a true democratic, legal, social, secular state. The proposals concerning the complex and far from unambiguously interpreted problems of ideological construction and propaganda support of public administration are formulated.

LAW IN THE PRESENT-DAY WORLD

34-46 1513
Abstract
Introduction. In March 2022, the Home Office of the United Kingdom of Great Britain published the Statement on New Immigration Plan according to which persons having no right to reside on its territory would be removed to “safe third countries” according to the agreements with such states. On April 13th, 2022, a Memorandum of Understanding between Great Britain and Rwanda was signed prescribing that persons whose applications for asylum were not considered by Great Britain be removed to Rwanda for those applications to be considered by the latter. Incompatibility of the contemporary immigration policy of Great Britain with its international law obligations justifies the topicality of the assessment of its implications for codification and progressive development of international law. Materials and Methods. The assessment of the contemporary immigration policy of Great Britain from the standpoint of international law includes the matching of the provisions of the international and national acts adopted by Great Britain as well as official statements of its state bodies and officials and the provisions of universal treaties and “soft law” acts. The writings of the publicists studying international law aspects of forced migration, asylum and human rights served as theoretical framework of the present study. Research Results. The assessment of the Memorandum of Understanding reveals the incompatibility of its provisions with the international law norms on asylum and human rights. Such international law policy of the state should be regarded as an example of rejection of international law which is referred to as “international law nihilism” in Russian legal doctrine.Discussions and conclusions. The authors argue that further adoption of legal and political measures contrary to states’ obligations under treaties and international custom as well as the absence of expressed official positions of states with regards to such measures may have an impact on construction and application of international law norms governing legal status of forced migrants.
47-54 388
Abstract
Introduction. The limits of legal regulation of social relations is the subject of research of representatives of the general theory of law and state, as well as of the representatives of branch legal disciplines. At the same time, the legal literature gives conflicting assessments of the currently observed trend of expanding limits of legal regulation and the legalization of Russian society which is caused by it. In connection with the foregoing, such concepts as "limits of legal regulation", "juridification of society" and "universalization of law" need a deep study that would combine both the ontological aspect of their analysis and those realities that determine the specifics of the existence of any legal system. Materials and methods. The presented researchis based on the application of both general scientificand particular scientific methods of scientific investigation: dialectical, systemic, structural-functional, formal-legal, comparative-legal, etc. Particular attention was paid to the analysis of both normative legal acts and law enforcement activities, which the author considers through the prism of a socially determined expansion of the limits of legal regulation. The results of the study. In the course of the study, the nature and essence of the juridification of modern Russian society was analyzed, which is seen as a form of institutionalization of expanding limits of legal regulation. On the example of various legal acts and law enforcement activity of public authorities, the social conditionality and relevance of the legal regulation of those spheres of life of the Russian society that were traditionally outside the legalregulation were demonstrated. Discussion and conclusion. The position is substantiated, according to which the juridification of society is largely explained by the dialectics of the existence of personal, public and state interests. The expansion of the limits of legal regulation of social relations seems inevitable due to both their very development and the challenges and threats that the Russian state is currently facing. At the same time, the author insists that legal regulation, by its very nature, implies coexistence with other social norms and the limits of legal regulation are a kind of protection of law from inefficiency, a guarantee of its legitimacy and ability to maintain balance in the system of social relations.
55-60 1184
Abstract
Introduction. The increase in the number of public relations involving artificial intelligence, the intensive development of artificial intelligence systems, the autonomy of these technologies and the impossibility of recognizing artificial intelligence as a subject of legal relations in order to bring it to responsibility for the damage caused raise the question of the need to determine the subjects liable for the damage caused by artificial intelligence.The purpose of the study is to study the basic conditions and grounds for liability for damage caused by artificial intelligence. Materials and methods. The implementation of research tasks was achieved on the basis of studying theoretical and practical experience in the development and application of artificial intelligence technologies, as well as studying foreign experience in the field of tort obligations in relations involving artificial intelligence. The methodological basis of the study consisted of methods: generalization, analysis, synthesis, induction, deduction, comparative legal analysis. The results of the study. The authors have made an attempt to analyze such grounds of liability as intentional damage, negligence and the doctrine of strict liability. Discussion and conclusion. The proposals on the legal regulation of artificial intelligence in the context of tort obligations are outlined, in particular, the introduction of specialized OKVED for the development and application of artificial intelligence technologies, the creation of a specialized insurance fund, the state registration of artificial intelligence systems.

УПРАВЛЕНИЕ: ПРОБЛЕМЫ И ПЕРСПЕКТИВЫ

61-72 486
Abstract
Introduction. The article is devoted to the analysis of the current state of formation of the common gas market of the EAEU. The economic integration of the EAEU countries, launched in 2014, provides for three stages in the creation of a common EAEU gas market. At the moment, the EAEU countries are at the second stage of this integration. The main objective of the second stage of the formation of a common gas market is the creation of one or more common commodity exchanges on the territory of the EAEU, where gas can be traded.The discussion on the creation of common commodity exchanges for the EAEU countries intensified in May 2022. Based on the results of this discussion, the Report on proposals for the formation of a common exchange market for goods within the framework of the EAEU was adopted. The Report provides for several models of vision of the common commodity market of the EAEU, proposed by different countries of the EAEU. Determining the most successful model will allow us to move on to the third stage of the formation of the EAEU common gas market. The article analyzes the advantages and disadvantages of each of the models for building a common exchange market for goods in comparison with the experience of building a common exchange market for goods in the EU.Materials and methods. The study used the normative legal acts of the law of the EAEU, previously existing acts of the EurAsEC, acts of the EU, scientific works of representatives of the legal doctrine, affecting energy law, Eurasian integration and EU law. The methodological basis of the study was the following theoretical methods of cognition: analysis, synthesis, induction, deduction, analogy, as well as special methods of cognition of legal phenomena and processes: comparative legal and formal legal.Research results. Based on the analysis of the models for building a common exchange gas market presented in the Report and the experience of the EU, it was found that the most preferable model for the future EAEU gas exchange market is a model in which the EAEU common market is formed on the basis of national commodity exchanges. With this model of a common gas exchange market, each of the participants in trading on any national commodity exchange can participate in trading on any other national exchange within the EAEU space without any restrictions. This model provides the highest level of competition among participants and national exchanges, and to a greater extent than other models contributes to the growth of the total volume of exchange trading within the EAEU space. Also, the presented model is more in line with the experience of organizing EU commodity exchanges, which should be considered as positive. Discussion and conclusion. As a result of the study, the advantages of the model for building a common exchange gas market of the EAEU were substantiated; the advantages of other models, their advantages and disadvantages, as well as the experience of the EU are analyzed in detail. The model proposedin the article can be chosen to build a common EAEU gas exchange market, which will be one of the main steps towards completing the formation of a common EAEU gas market.


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