АКТУАЛЬНЫЕ ПРОБЛЕМЫ ГОСУДАРСТВЕННОГО СТРОИТЕЛЬСТВА
Introduction. The article is devoted to the analy- sis of historical factors, features and political and legal patterns of the formation of modern Ukrainian statehood, taking into account the difficult and constantly escalating Russian-Ukrainian relations, the growing Ukrainian nationalist radicalism, Russophobia and neo-Nazism, the formation of the state of a rigidly pro-Western-oriented regime of government. Special emphasis is placed on the problems of dynamically increasing difficulties in preserving and strengthening state sovereignty, ensuring financial, economic and military-political independence of the country, difficulties and prospects for implementing the European choice strategy in Ukrainian.
Methodology and methods. dialectical-ma- terialistic model of research; principles of scientific, historicism and objectivity; methods of retrospection and comparison, analysis and synthesis, mental mod- eling, ascent from the abstract to the concrete.
The results of the study. In the leading posi- tions of the presented research, the political and legal problems of destabilizing and disintegrating processes in the conditions of radicalization of the ruling Ukrainian regime of anti-Russian orientation, taking into account the historically difficult dialectics of the development of intra-national and interstate issues. In a comparative cross-country context, the features of the concept of building Ukrainian statehood as an- ti-Russia are analyzed, the author's concept of turning Ukraine into an instrument of Western forces in the fight against Russia, into a mercenary state and a springboard for military-ideological struggle with the Russian world in order to inflict strategic defeat on it is presented.
Discussion and conclusion. Using the example of the difficult Ukrainian experience of post–Soviet state-building, the validity of the fact that the policy of the modern West is a policy of gross violation of international law, a policy of hegemonism and striving for world domination with the help of allied countries and at the expense of satellite countries and the enslavement of mercenaries is substantiated. Hence the gross interference in the internal affairs of other countries and peoples, direct interventions, the export of corruption, the imposition of morals of meanness, hostility and destruction, the unleashing of interstate, interethnic and interfaith conflicts, the policy of lies and provocations. Some judgments are formulated concerning the complex and far from un- ambiguously interpreted problems of state-building in the post-Soviet space in accordance with the ideals and values of a true democratic, legal, social, secular state.
LAW IN THE PRESENT-DAY WORLD
Introduction. The article presents an analysis of the current activities of the International Labor Organization (hereinafter reffered to as the ILO) on the unification of existing and the development of the latest international labor standards for two categories of workers. In particular, we would like to draw attention to the lack of international legal labor standards for professional athletes and the necessary norms to protect their labor rights. In international law, there are a number of universal and regional international legal acts dedicated to professional sports, for example, the International Convention against Apartheid in Sports of 1985, the International Convention against Doping in Sports of 2005, the Council of Europe Convention against Doping of 1989. However, there are no issues of regulating the work of athletes and protecting their labor rights in international legal acts.
Another issue that requires the closest attention from the ILO in terms of the progressive development of international labor law is the regulation of remote (remote) work. The article examines various forms of remote work, and also presents a comparative legal analysis of the status of a homeworker and a remote (remote) worker in accordance with ILO documents. Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes: the method of system-structural analysis; formal-logical method.
Research results. As a result of the research, the authors found that there is a need to develop an ILO Convention, as well as an appropriate Recommendation that would consolidate the minimum labor rights of athletes with their subsequent extension in employment contracts of a private legal nature. Regarding the legal regulation of remote work, the authors also propose to allocate remote workers into a separate category of workers on a par with homeworkers and domestic workers.
Discussion and conclusion. In modern professional sports, workers of various nationalities are represented, consequently, the ILO needs to progressively develop new international standards for the labor rights of athletes at a universal level, in particular, it is proposed to adopt a Convention on the peculiarities of work in professional sports. Since a homeworker and a remote worker are essentially not identical concepts, therefore, the ILO Convention No. 177 on Home Work of 1996 cannot be extended to regulate the work of remote workers, therefore it seems appropriate to develop an appropriate Convention.
Introduction. The study strives to analyze the current situation in the International Court of Justice, a number of the challenges facing it, as well as their possible solutions. Of the 18 disputes currently in the Court’s docket 14 were submitted on the basis of jurisdictional clauses of treaties, including in the field of the protection and promotion of human rights. Using the example of a number of cases, including those involving the Russian Federation, the author analyzes some of the problems resulting from this trend.
Materials and methods. The methodological basis of the study includes the following general scientific and special methods of cognition: formal-logical, formal-legal, historical-legal, comparative-legal, analysis and synthesis.
Results of the study. Firstly, the artificial limitation of the subject matter of the dispute in some instances is noted, which leads to questions of applicable law and causes risks of broad (or “evolutionary”) interpretation of treaties. Secondly, the problem of politicization of the Court’s activities by some of the Parties to the process is identified, forcing the Court to choose between justice and the political context in some of the “high-profile” cases. Thirdly, the Court’s inability to consider numerous “fact-intensive” cases brought by way of jurisdictional clauses of treaties (especially in the field of protection and promotion of human rights) is noted.
Discussion and conclusions. The author sees possible solutions in ensuring the Court’s balanced approach to issues of establishing jurisdiction with due regard to the principle of States’ consent, as well as in adjusting its fact-finding methods. While in its practice the Court has not directly supported the proposals voiced by some of its members favoring evolutionary interpretation of the provisions of human rights treaties in order to lower the “threshold” for establishing the existence of a State’s consent to its jurisdiction, the author notes some recent changes in the Court’s approaches that cause concern. The author predicts a number of negative political and legal consequences of excessive judicial activism, including the risk of broad interpretation of the provisions of the relevant conventions and their abuse, as well as a decrease in the confidence of States in the dispute resolution system within the principal judicial organ of the United Nations. Maintaining the Court’s cautious approach to issues of establishing States’ consent to its jurisdiction will be of great importance to upholding its authority.
Introduction. Despite the fact that manipulative technologies for influencing social relations have now become extremely widespread, the study of legal goals and means manipulation as one of the main forms of manipulative influence on social processes remains outside the scope of research by representatives of both the general theory of state and law and branch legal sciences. According to the authors, this situation indicates that modern legal science in this regard clearly lags behind the needs of legal practice and is not able to offer a reasonable solution to very pressing problems associated with the large-scale and everyday manipulative use of legal instruments.
Materials and methods. The authors of the presented article actively used both general scientific and specific scientific methods, among which we can highlight dialectical, systemic, formal legal, legal modeling, structural-functional, comparative legal, etc.
The results of the study. As a result of the research, the authors of the article developed the basics of the concept of legal goals and means manipulation. In particular, the work outlined the author’s vision of the essence and specifics of legal goals manipulating, and studied the features of the manipulative use of both stimulating and restrictive legal means. Special attention was paid to the analysis of the technologies of legal goals and means manipulating, carried out on the basis of specific examples.
Discussion and conclusion. The work substantiates the position according to which legal goals and means manipulation is understood as a form of lawful behavior carried out with the help of implicit tactics or strategy, which consists of setting or using legal goals, as well as of creating or using legal means in the interests of the subject of management (manipulator) contrary to the true needs and interests of the object controlled (manipulated). The point of view is defended according to which the challenges and threats that Russia is currently facing necessitate the creation of a state strategy to counter goals and means manipulation.
Introduction. For thousands of years, historical and cultural monuments have been damaged or destroyed as a result of armed conflicts and acts of vandalism. Given the role that these sites play in the development of humanity, international humanitarian law (IHL) establishes the basis for the international legal protection of religious, cultural and scientific sites. At the beginning of the 20th century. the situation was complicated not only by the absence of a universal international treaty that would be devoted exclusively to the international legal protection of these objects, but also by an international intergovernmental organization that would develop appropriate norms and standards. These problems led to the creation in 1945 of the United Nations Educational, Scientific and Cultural Organization (UNESCO). Thanks to the activities of this specialized UN agency, as well as the activities of a number of non-governmental international organizations, it was possible to form an international legal regime for the protection of cultural property both in peacetime and during armed conflicts.
As a result of changes in the strategy of conducting armed conflicts, as well as improving the methods and means of conducting them in the 21st century, cultural objects are in great danger. In this regard, the analysis of current international legal norms and principles for the protection of cultural property in the context of international humanitarian law is of particular relevance.
Materials and methods. As for the materials, we were talking about legal acts, Russian and cultural information based on the cultural traditions of international law. methodological basis based on scientific methods of lysis and synthesis, comparative legal method, scientific method of delivery.
Research results. The evolution of the system of international legal protection of cultural property and world cultural heritage allows us to draw a conclusion about the comprehensive level of such protection, applied both in peacetime and in armed conflicts. The international legal responsibilities of states in this area are associated, first of all, with assessing the significance of cultural objects and giving them the appropriate legal status through national legislation or inclusion in the registers of international organizations.
Discussion and conclusion. At the same time, the activities of states and international organizations related to the special designation of cultural objects in armed conflicts, the training of civilian and military personnel, and taking into account the specifics of the placement and maintenance of such objects are of particular importance. The general body of knowledge and skills for the protection and protection of cultural objects is formed by UNESCO as a specialized agency of the United Nations, which strives to preserve the universal heritage as the highest achievements of art and science.
Introduction. This article conducts an interdisciplinary study of memory policy, which includes terminological explication and legal analysis of concepts similar in meaning, assessment of the relevance and need to legalize terms related to memory policy, determination of the effectiveness of official memory policy, prediction of its political and social consequences in the long term and exploring the normative limits of national memorial legislation. The purpose of the study is the conceptualization of memorial law.
Materials and methods. The main research method is participant observation of the processes of implementation in Russian society and abroad of the concepts of national, historical and social memory, as well as the construction of norms and regulations for establishing legal relations in the field of conservation of military memorial heritage objects. Methods of express diagnostics of problem situations, legal assessment of incidents, sociological and expert surveys (including questionnaires and testing), and modeling were used.
Research results. As a result of the study, the need to develop a special federal law on the protection of the military memorial heritage of the Russian Federation, as well as the development of an international (universal) Charter (Convention) on the protection of military memorial heritage sites formed as a result of the Second World War, was substantiated.
Discussion and conclusion. It has been established that there is no single position in the scientific community regarding the need for memorial legislation. This largely depends on the political and ideological preferences of a particular author. At the same time, it was concluded that in legal science the conceptual foundations for the formation of memorial law as a special legal complex for the preservation, transmission and protection of historical memory and memorial (war memorial) heritage have been poorly studied. In addition, both at the level of legal doctrine and according to law enforcement practice, the issue of the status and legal means of preserving military memorial heritage has been practically not studied. In this connection, the authors propose the development of a Union Nation Charter for the Protection of Military Memorial Heritage for the purpose of holistic and comprehensive legal regulation of the area under study.
Introduction. The article examines the main stages and achievements in the work of the ad hoc group (46+1) based on the results of the past 14 rounds of the negotiation process on the accession of the European Union to the European Convention on Human Rights of 1950. The author examines the fundamental problems prevented the European Union from accessing to the European Convention on Human Rights in 2013, as well as the novellas included in the revised draft Agreement on the Accession of the European Union to the European Convention on Human Rights, such as the application of Articles 33 and 53 of the European Convention on Human Rights 1950, as well as Protocol No. 16 thereto in relation to the law of the European Union.
Materials and methods. The methodological ground of the study based on the following general scientific and special methods of the recognition of legal phenomena and processes in the field of European law: the method of system-structural analysis, the method of synthesis of social phenomena, the comparative legal method, the formal logical method. For certain questions, statistical data was involved in the study. To identify further vectors for the development of interaction between judicial bodies used the content analysis.
Results of the study. Based on the results of the study, the author comes to the conclusion that the main problems preventing the European Union from the accession to the European Convention on Human Rights, are the specifics of the application of Articles 33 and 53 of the European Convention on Human Rights and Protocol No. 16 thereto in relation to European Union law, as well as the reluctance of the European Union to limit the sovereignty and autonomy of European Union law in order to strengthen the European system for the protection of human rights.
Discussion and conclusion. The adjustments made by the ad hoc group (46+1) in relation to the Accession Agreement are very significant and, on the one hand, even unnecessary. They fully cover the observations indicated in the Opinion of the Court of Justice of the European Union No. 2/13 and at the same time satisfy the representatives of the European Union, which gives reason to believe that the accession attempt will have a positive outcome. Of course, if the European Union joins the European Convention on Human Rights of 1950, human rights, freedoms, and their guarantees will reach a new level, since their protection will be comprehensive.
Introduction. International law acts of BRICS countries enshrine their attachment to enforcement of the international cooperation in the field of population, in particular migration. The rise in the number of forced migrants on their territories as well the accession of new States to BRICS explains the topicality of the research into the particularities and prospects of BRICS countries’ cooperation in the sphere of forced migration. Meanwhile the international law acts adopted by BRICS countries do not enshrine their unified position as regards general principles of their cooperation in the sphere of forced migration.
Materials and Methods. The conciliation theory according to which creation of international law norms results from the reconciliation of international legal position of its subjects serves as the theoretical framework for the present research. While exercising autonomous international legal policy, each State aims at enshrining the principles of its foreign policy in the international law acts. International legal positions of States are enshrined in their treaties, national legislation and unilateral acts. The article contains the results of a comprehensive comparative analysis of international legal positions of BRICS countries as regards international law norms governing the legal status of forced migrants. The subject of the research includes universal treaties, BRICS countries’ international law acts, national legislation and unilateral acts.
Results. BRICS is an intergovernmental institution, which is not de jure an international organisation. The acts adopted by BRICS countries are joint unilateral acts enshrining their unified positions on international law. International cooperation of BRICS countries in the sphere of forced migration is based on principles of rule of international law and multilateralism as well as their coincident and similar positions on interpretation and application of international law norms governing the legal status of forced migrants. BRICS international law acts enshrine the international law concepts applicable to the international cooperation in the field of forced migration.
Discussion and Conclusions. Conciliation of international law positions of BRICS countries as regards interpretation and application of international law concepts of “durable solution to the problem of forced migrants”, “responsibility sharing”, “solidarity”, “common but differentiated responsibility” as well as other international law concepts upon which the international cooperation in the field of forced migration is based should be considered a prospective area of their international cooperation.
Introduction. The article examines the British policy pursued in the 16th – first half of the 20th centuries in relation to the autochthonous languages of Wales, Scotland and Northern Ireland. The author characterizes the language policy of Great Britain in this period as a policy of linguistic nationalism of the English language and discrimination against the national languages of other peoples. The article also discusses the main legal acts aimed at expanding the use of the Welsh language and consolidating the status of the Welsh language as the national language of Wales.
Materials and methods. To achieve this goal, the article used the method of the structural-functional approach, as well as modern principles of scientific knowledge of complex social phenomena and processes, based on a combination of macro- and microsociological research. The materials of the article were the works of scientists on the stated issues.
Results of the study. It is concluded that the Welsh language has managed to maintain its independence to a greater extent than other autochthonous languages of the peoples of Great Britain, and in modern conditions there is a tendency to increase the number of people using the Welsh language in everyday life. The main findings of this article were the demonstration of specific discriminatory measures applied by the UK in relation to the Welsh language, including the ban on the use of Welsh as the language of legislation, the language of judicial proceedings and restrictions on teaching in Welsh.
Discussion and conclusion. The study identifies the reasons and constitutional and legal factors for the transition from a policy of language discrimination to a policy of dialogue of cultures, as well as the influence of public figures advocating the preservation and expansion of the use of the Welsh language on the language policy of Great Britain. The constitutional significance of the Welsh Language Regulations 2011 is stated, and for the first time in the Russian-language doctrine the content of this law is analyzed.
ADMINISTRATION: CHALLENGES AND PROSPECTS
Introduction. The given article examines the challenges of ensuring energy justice in business models of energy companies. It identifies ways in which organizations and businesses providing energy services locally, regionally and internationally can successfully integrate social justice values into business strategies, ensuring that their operations are aligned with the principles of equitable provision of energy services.
Materials and methods. Materials used for the given research include foreign and Russian studies on energy justice issues, statistical data and news sources from the world media. The methodological basis consists of such scientific methods as qualitative and quantitative analysis, synthesis, comparative research and statistical analysis.
Results of the study. Analysis of the activities of foreign energy companies suggests that energy justice is a highly effective “tool” not only from the point of view of conceptualizing the theoretical idea of an energy just world and effectively analyzing a wide range of energy-related issues, but can also be considered as a valuable contribution to the actual process of developing energy policy and a framework for assessing the sustainability of energy-related projects and initiatives. The concept of a public interest company based on the principles of energy and social justice can be defined as a set of guidelines aimed at transforming existing business practices to ensure that these practices are consistent with the principles of energy justice.
Discussion and conclusions. The given research revealed that the degree of adherence to energy justice principles determines whether certain business practices or specific projects are consistent with its paradigm. At the same time, as evidenced by available scientific research on this issue, commercial activity and the creation of social and environmental values are not internally contradictory concepts. On the contrary, energy justice guidelines and aspects can be successfully integrated into various business models at local, subnational, regional and global levels.
Introduction. The purpose of this paper is to identify similarities and differences in discursive strategies aimed at managing the perception of journalistic texts describing similar protest events in different countries.
Materials and methods. The material for the paper includes articles from “The Economist” describing protest events. Protests in August 2019 in Moscow and “yellow vest” protests in autumn – spring 2018 – 2019 in France were chosen as reference events. The methodological tools include the following general scientific methods: analysis, synthesis, systemic and functional approaches. Critical discourse analysis is used as a specific method. Discursive strategies form the subject of the research. The referential strategy includes an event-factual plan of the events being described. The connotative strategy works with emotionally expressive and evaluative vocabulary. The meta-discursive strategy chooses text frames and fills them with referential and evaluative components which together form the pragmatic functionality of the discourse..
Research results. The research involves the following stages. At the first stage the central frames of the articles on the basis of the titles and subtitles of the articles are identified. At the second stage the referential and evaluative components in the vocabulary of the frames are examined. At the third stage a comparative analysis of the meta-discursive strategies of the articles under research is carried out, which includes comparing the pragmatic functionality of the headings, titles and subtitles of the articles; contrasting the articles in terms of the composition of frames and identifying what is common and specific in the content of the main frames of the articles. The results of the work show that such linguistic tools as selecting facts and events for the text, framing the content of the text, choosing language that produce an emotional-evaluative, suggestive and persuasive effect on readership, frequent occurrence of words that are fit for the goals of the text are used to manage text perception
Discussion and conclusion. Professionals in the fi of international relations, international law, political science, public administration must know the linguistic methods used to analyze journalistic and political texts and be able to identify language tools aimed to drive text perception in the target direction.
ISSN 2587-5736 (Online)