LAW IN THE PRESENT-DAY WORLD
Introduction. The article analyzes the phenomena associated with the emergence of ideologies, their manifestations in the conditions of state and legal reality, as well as the views of researchers regarding the concept of ideology, which for many decades was considered as false consciousness. Changes occurred only by the end of the XX century with the emergence of new scientific concepts with the participation of foreign and domestic scientists. social group, then there should also be a political direction in the activities of the state. It could have the character of a humanitarian policy. The study presents its author's definition. Particular attention is paid to the nature of the interaction between ideology and law, which is considered as a value phenomenon. After the adoption of the decree on the approval of the foundations of state policy for the preservation of traditional values, such a conceptual document is considered by the authors in the context of its ideological content, without which strategic planning for the development of the country is impossible. The issues of interaction between ideology and law are analyzed in the format of the state as a complex social system. The article contains an analysis of the influence of information technologies used in legal relations, which generates the need for legal regulation, which means that they are included in the object of legal cognition, reflection and comprehension by legal consciousness. The conclusion is made that it is necessary to pay more attention to the factors that have a positive impact on legal consciousness. It is argued that the state-legal reality allows us to see the state in its legal design and legal consolidation, and the law in its state provision and guarantee, without interfering with the detailed analysis of both the state and the law. In conclusion, the author formulates proposals concerning the objective demand for ideological forms by the state and its power structures, even if the dominant ideology is not enshrined in the country, since all social institutions have ideological foundations in the protection of values and traditions in society.
Materials and methods. The theoretical and methodological basis of the scientific research consists of general scientific and special scientific methods of cognition. In the work, the methods of systemic, comparative legal analysis, ascent from the abstract to the concrete, philosophical and legal research tools of ideological processes, the involvement of the results of domestic and foreign research on the interaction of ideology and law, statehood, state structure as a complex social system were used.
Results of the study. Based on the results of the analysis, it was revealed that the state and its power structures in the conditions of a specific state-legal reality objectively require ideological forms, even if the dominant ideology is not fixed in the country. Consequently, all social institutions have ideological foundations in the protection of values and traditions in society.
Discussion and conclusion. The ideological component is manifested in law, among other things, in politically engaged, opportunistic norms and normative legal acts. The intellectual content of the country's strategic development is closely related to the concept of "Russian identity". Identity answers the questions: What are we? Where are our roots? What are our traditions? How do we pass on these traditions from generation to generation? The description of identity remains a scientific and historical description of society. In turn, identity is closely related to ideology. But if identity answers one question: What are we? Ideological forms contain answers to the questions: Where are we heading? What is our goal?
Introduction. The article unravels the role of court in formation evidential matter in economic disputes in Russia and England. It studies the distinctive features of formation evidential matter in economic disputes in Russia and England, addresses the role of court in the court’s formation of information on facts and (or) digital footprints of facts through providing instructions for formation evidential matter based on the example of electronic documents, evidence of witnesses, and expert evidence in Russia and England.
Materials and methods. In the course of writing the work, a set of general scientific, formal-logical methods (including methods of analysis, synthesis, induction, deduction, systematization) and special methods (formal-legal, historical, comparative-legal, structural-legal methods, etc.) were used.
Research results. The author demonstrates that fact finding of objective truth in economic disputes can be carried out by the court when the following condition are fulfilled: evidentiary materials are formed in the course to the directions of the court. In economic disputes in Russia and England, the court formation evidential matter both for the case as a whole and to provide for expertise.
Discussion and conclusion. A conclusion on the similar role of court in formation evidential matter in economic disputes in Russia and England is made. The article formulates suggestions on the improvement of the Arbitration Procedural Code of the Russian Federation.
Introduction. The article provides an analysis of the state of crime in the member states of the Commonwealth of Independent States in 2023. The analysis is based on statistical data on the state of crime in the Commonwealth over the past five years.
After Russia launched a special military operation in 2022 to denazify and demilitarize Ukraine, a situation is developing in the world in which the countries of the collective West are trying to damage our country through economic sanctions, as well as actually waging a proxy war against Russia. Unfriendly countries, led by the United States, are trying to use the member states of the Commonwealth as a tool in the fight against Russia, through unequal cooperation to introduce differences in the CIS, and use information security technologies for their own purposes.
To determine the degree of influence of current world events on the criminal situation in the post-Soviet space, an analysis of the state of crime in the CIS countries was carried out.
The given statistical data on crime in the Commonwealth countries demonstrate the dynamics of the criminal situation in the countries under consideration, depending primarily on internal criminogenic factors. Such factors exist and develop under the influence of criminal elements and the existing criminal environment.
The analysis of the dynamics of the criminal situation for 2019-2023 was aimed at determining the trends of its development in the light of the impact of external and internal processes that have arisen in recent years, to identify the causes affecting the dynamics of certain types of crime and to make a forecast of the possible development of the criminal situation for the next 1-2 years.
To predict the dynamics of the criminal situation in the CIS countries, the expotential smoothing method was used, which is illustrated by the graphs given in the article.
Materials and methods. The theoretical basis of the research is based on the conclusions and achievements of criminology, scientific research on crime as a social phenomenon. The reasons and events influencing the dynamics of crime are taken into account. General scientific and private scientific research methods (synthesis, deduction, analysis, generalization, observation, etc.) were used in the work. The methodological basis of the study was a systematic approach, comparative and problem-based approaches.
The results of the study. As a result of the analysis of the criminal situation at the transport facilities of the Russian Federation, it was found that, starting in 2020, new factors influenced the quantitative indicators of crime in transport. The introduction of restrictive measures related to the spread of coronavirus infection, their subsequent cancellation, the beginning of the geopolitical crisis in the world, provoked by the imposition of sanctions by Western countries against Russia, restrictions on international communications. closure of airports, borders, etc. they affected the directions of preventive activities of the internal affairs bodies in transport. The conclusions and forecasts made in the article determine the trends in the development of the criminal situation in transport in 2023 and allow us to determine the most important vectors of the direction of preventive activities of internal affairs bodies.
Discussion and conclusion. The article identifies and substantiates the priority areas of activity of the internal affairs bodies of Russia in transport for the most effective organization of preventive activities and combating crime.
Introduction. The article examines how the legal mechanism of preliminary investigation operates in France, taking into account the special approach of the French public authorities to its implementation, the importance of preliminary investigation in the criminal process of this state. And also, taking into account the fact that there is no institution of preliminary investigation in the Russian judicial system – such an investigation is carried out, according to domestic legislation, by investigators of the Investigative Committee of the Russian Federation – the procedural status of investigative judges of France, who belong to the judiciary on a permanent basis.
Materials and methods. The research methods are a system of specially scientific and philosophical worldview approaches that provide an opportunity for an objective analysis of the topic. The research applied such methods as comparative law, historical law, formal law, structural and functional, as well as dialectical and materialistic Materials and methods. The research methods are a system of specially scientific and worldview approaches that provide an opportunity for an objective analysis of the topic. The research applied such methods as comparative law, historical law, formal law, structural and functional, as well as dialectical and materialistic. Special attention is paid to the problem of determining the role of the preliminary investigation in legal proceedings, the characteristics of its judicial status in the exercise of powers by the relevant attention is paid to the problem of determining the role of the preliminary investigation in legal proceedings, the characteristics of its judicial status in the exercise of powers by the relevant state authorities in science: the works of such scientists as M.V. Aleynikov, A.N. Volchanskaya, A.E. Vorobyov, B.Ya. Gavrilov, V.N. Galuzo, A.V. Grinenko have been published on this topic, L.V. Golovko, K.F. Gutsenko, S.A. Danilyan, I.S. Dikarev, A.Yu. Zotov, N.A. Kanafin, A.N. Konshakov, I.Ya. Foynitsky, M.Yu. Fisakov, etc.
Research results. The purpose of this study is to conduct a comparative legal analysis of the preliminary investigation carried out by the relevant public authorities in France, with a comparative comparison of the role of the preliminary investigation carried out by public authorities in this State. In order to achieve this goal, special attention in this work will be paid to solving the following tasks: to identify the place of authority for the preliminary investigation in the activities of various law enforcement agencies; to investigate the features of the preliminary investigation at different stages of the development of France; to establish the features of its transformation; to analyze the real role of the preliminary investigation in France and characterize the authorities exercising authority to conduct it; to make a generalizing conclusion about whether it is advisable to make changes to the definition of the place of the preliminary investigation in the judicial proceedings of the Russian Federation, taking into account the legislative experience of France.
Discussion and conclusion. After the Introduction, the article examines the very Concept of "preliminary investigation" and its national characteristics; The activities of judicial bodies conducting preliminary investigation; The procedure for conducting preliminary investigation; The end of the preliminary investigation; Instance control over the activities of the investigating judge. In conclusion, the authors of the article propose some theoretical generalizations on this topic and show the most outstanding distinctive features of French legislation on preliminary investigation in terms of methods of legal technique.
Introduction. Energy diplomacy is an effective means of ensuring energy security (international and national) and, at the same time, an instrument for implementing the foreign energy policy of states. Since energy diplomacy is formed and implemented in the conditions of the state legal and international legal environment, the study of its legal component acquires not only theoretical, but also important practical significance. At the same time, the legal aspects of energy diplomacy (both in general and in relation to specific countries) have not yet been systematically developed in the legal literature, including in the science of international law. Based on the analysis of scientific and regulatory material, the article identifies the features of Turkmenistan's energy diplomacy and its legal support.
Materials and methods. Within the framework of the study, the sources of international law related to the topic under consideration, political and legal policy documents and acts of national legislation of Turkmenistan are considered. The theoretical basis of the research was the scientific works of experts in the field of international law and energy law, as well as individual studies of the problem of energy diplomacy, including in relation to a chosen country. The methodological basis of the study was presented by general scientific and special legal methods.
The results of the study. Factors of a resource-geographical nature, combined with factors of a political and legal nature (the status of Turkmenistan as a permanently neutral state) determine the originality of foreign energy policy and, significant from the point of view of international law, the features of Turkmenistan's energy diplomacy. The main strategic priority of Turkmenistan's energy diplomacy is to increase the export potential of oil and gas products and, in this regard, to create an extensive, modern and efficient infrastructure for transit and delivery of energy resources to foreign energy markets, comprehensive legal support for these processes. Reliance on the potential of multilateral diplomacy (primarily in the UN system) for the international legal legitimization of their national interests in the energy sector is combined with the development of bilateral international legal relations of energy cooperation on terms of mutual benefit, while respecting the basic principles of international law. The head of state plays a special role in the development and legal formalization of Turkmenistan's energy diplomacy. Embargoes, as well as unilateral restrictive measures, used in the practice of a number of States and individual integration associations, are not used as a means of economic pressure on other States. Special importance is attached to preventive diplomacy within the framework of the Central Asian region.
Discussion and conclusion. Turkmenistan's energy diplomacy, being the main means of implementing its foreign energy policy, has an international and constitutional legal framework, in turn, including: the UN Charter and other fundamental international legal acts establishing the basic principles of international law and the provisions of the Constitution of Turkmenistan on adherence to these principles, taking into account its permanently neutral status; Resolutions The UN General Assembly and acts of the constitutional legislation of Turkmenistan relating to the legal formalization and implementation of its permanent neutral status; norms of international law and provisions of the constitutional legislation of Turkmenistan regulating the main forms of diplomatic activity; special principles of international energy law correlating with the norms of the constitutional law of Turkmenistan.
THE TOPICAL ISSUES OF WORLD ECONOMY
Introduction. The current stage of economic development is characterised by significant digitalisation and a noticeable shift of corporate strategies in favour of sustainable development. The first of these trends makes IT companies interesting for analysis, since in the era of digitalisation their impact on the global economy is significant and undeniable. The second trend is largely related to the exhaustion of tangible competitive factors and the shift of focus towards intangible competitive factors, in particular, towards catering to the specific needs of consumers, i.e. in the consideration of social and environmental factors throughout value chains. In line with modern trends, meeting these needs is achieved by implementing ESG-principles, including by IT companies, which is where the two major modern trends - digitalisation and corporate sustainability intertwine. In this context, the aim of the research is to analyse the relationship between IT companies’ financial performance and their ESG position.
Materials and methods. The study is based on the analysis of correlation between the data of companies' financial statements and their valuations within the framework of S&P ESG-rating.
Results of the research. According to the results of the analysis on the basis of the presented data sample, no significant correlation between revenue and profit indicators (on the one hand) and ESG[1]assessments of S&P rating (on the other hand) was revealed.
Discussion and conclusion. The results obtained for companies in the IT-services industry generally correspond to the results of similar calculations by the authors for a number of other industries. Of course, they reflect the situation in a particular industry, with specific indicators (profit, revenue), taking into account such limitations of the study as the methodology of the selected ESG-rating and the volume of data sampling. Nevertheless, within the framework of the study we can say that there is no significant correlation between the financial performance of IT services companies and the implementation of ESG principles by these ccompanies.
Introduction. “Digital RMB” is the digital currency of the People's Bank of China that has attracted the attention of researchers around the world. This project is not the first to be put into circulation, but it is the largest in terms of the volume of issued currency and the number of people using the CBDC as a means of payment.
Materials and methods. The analysis of the practice of putting into effect, as well as the basics of regulating the CBDC of the PRC, can become a source of information that allows, when making a comparison, to develop a policy of action for the regulator in relation to the digital currencies of other countries.
This article considers only the CBDC of the PRC, its features, technological and non-technological components. The main source of analysis is the Program Document or the Whitepaper of the CBDC of the PRC, which is currently the only official source of information on how the currency regulation is structured. This document is one of those establishing regulatory principles and is an example of a generally accepted method of regulating innovative financial technologies at the pilot stage.
Results of the study. Based on the analysis, the article offers conclusions, current and final, about what the PRC CBDC is, what its structure is, what are the features and of the PRC CBDC.
Discussion and conclusion. Areas of application of the PRC CBDC are being considered, the legal effect of its implementation.
Introduction. The article examines the topical issues of relations between the two countries amidst the current foreign policy situation. Relations between Russia and China are of great importance for both countries as well as for the global political and economic situation as a whole. Cooperation between these two largest states plays an important role in the formation of multipolarity in the world arena, weakening unipolar tendencies. The article analyzes the main aspects of cooperation between Russia and China, the components of their mutually beneficial partnership, and considers the challenges and prospects that both countries face in the changing geopolitical situation. Particular attention is paid to the economic and political aspects of interaction between Russia and China, and potential ways to strengthen and expand cooperation in the future are identified.
Materials and methods. To analyze the current dynamics of bilateral relations, analytical methods of processing statistical data provided by government agencies of the Russian Federation were used, as well as the method of mirror statistics in order to identify the positions and shares of Russia in the geographical structure of China's foreign trade partners based on information provided by the State Customs Service of China. The paper also presents data obtained through expert assessment and social surveys. To conduct a systemic analysis, the authors applied the methods of induction, deduction, generalization, synthesis, and comparison.
Results of the study. In the course of the study, the foreign policy agenda of the Russian Federation and the People's Republic of China was analyzed, and the areas of cooperation that are of greatest mutual interest to the two countries were identified - trade, investment, implementation of joint infrastructure, energy and other projects in the real sector of the economy.
In addition, the authors of the article analyzed the dynamics and structure of bilateral trade and economic cooperation between Russia and China; factors of growth in trade turnover, Russian exports to China and Russian imports from China were identified. Next, the largest Russian-Chinese investment projects in the automotive industry, fuel and energy complex and infrastructure were considered. As a result, an assessment of the prospects for further development of bilateral trade and joint projects in the concerned areas was made.
An analysis of the data obtained as part of a sociological survey was conducted, which made it possible to identify the most popular areas of cooperation between the two countries that are of greatest interest to the population of the PRC in the foresee[1] able future, including the creation of new transport corridors within the framework of the conjugation of the One Belt, One Road projects and the Eurasian Economic Union.
Discussion and conclusion. Economic relations play a key role in the agenda of bilateral cooperation between Russia and China and have a multifaceted nature. The projected economic growth of Russian-Chinese cooperation in 2024 and beyond presupposes diversification of the structure of bilateral trade and an increase in the volume of goods and services offered. In the context of this forecast, special attention is paid to the focus on increasing gas exports from Russia to China, which leads to an expected increase in the share of gas supplies compared to oil supplies. In addition, an important factor contributing to the stimulation of economic growth is the increase in the volume of Russian agricultural exports to China, as well as the development of cooperation in the services sector.
In order to achieve even more impressive results of economic cooperation with Russia's eastern neighbor, it is necessary to pay attention to solving urgent foreign trade problems of a structural nature, namely, working on export diversification and increasing the competitiveness of the expanding range of goods and services supplied to the Asian market. It is also necessary to provide comprehensive measures to support promising manufacturing and service sectors for export. The increase in trade turnover between the two countries stimulates the development of investment partnerships and the growth in the number of jointly implemented projects in the production and infrastructure sectors, which, in turn, creates conditions for deepening interregional cooperation and the formation of a more predictable and stable world order in the foreseeable future.
Introduction. The following study answers the question whether the “Polar Index” project is a reliable reflection of the development of the Russian Arctic region in the field of sustainable development. Within the framework of this scientific work, the analysis of the general methodology for calculating the "Polar Index" assigned to each of the companies operating in the Russian Arctic was carried out. The analysis made it possible to understand the logic of assigning an organization to one of the three groups, depending on how active its sustainable development policy is.
Materials and methods. The materials used in the given article include studies of Russian scientists devoted to sustainable development of the Arctic region, as well as the materials published on the official web-sites of Russian energy companies. In terms of research methodology, the article pays special attention to event analysis aimed at identifying and interpreting key activities and projects that are implemented by Russian companies in the Arctic zone within the framework of sustainable economic, social and environmental development. In order to do this, three Russian energy companies of different levels of participation in the development of the region were selected. Next, for each of these companies, an analysis of its actions and development strategy regarding the Russian segment of the Arctic was carried out.
Results of the study. The comparison of the assessment of Russian energy companies’ activities based on the Polar Index and the conclusions regarding the effectiveness of their activities obtained as a result of the event analysis proves that the Polar Index project indeed reflects the effectiveness of the activities of Russian companies in the Arctic region, as well as the degree of their involvement in sustainable development of the polar region in question, with a high degree of reliability.
Discussion and conclusion. The research revealed Russian companies, the activities of which to a substantial degree comply with all the three criteria of sustainable development, namely, economic, ecological, and social. That being said, relevant scientific research on the given subject demonstrates that the companies, which managed to achieve the best results in the given sphere, are Rosneft, Norilsky Nikel and Gaspromneft.
ADMINISTRATION: CHALLENGES AND PROSPECTS
Introduction. The article focuses on the securitisation of power threats in the public speeches of the UK Labour Party leaders (Prime Minister Keir Starmer, Defence Minister John Healey and Foreign Secretary David Lammy) during the 2023-2024 election campaign. An attempt has been made to highlight the commonalities and peculiarities in the approach of the current and previous British governments to countering the main threats to national security.
Materials and methods. The paper combines qualitative and quantitative approaches: a critical content analysis of sources and discourse analysis in an electoral context (using data from sociological surveys) are conducted, while the frequency of word usage in the public speeches of the Minister of Foreign Affairs is analysed using the tools of quantitative analysis of big data (R programming language). The methodological basis of the work is the theory of securitisation proposed by the Copenhagen School of the theory of international relations.
Research results. It is concluded that the main change in London's foreign policy after Labour's victory in the 2024 parliamentary elections will be the prioritisation of security cooperation with European states. Labour Party leaders do not question the need for ‘dual containment’ of Russia and China, but they give the ‘China threat’ secondary importance: there are noticeable differences within the party on this issue. On the other hand, Labour's position on the ‘special relationship’ with the United States is characterised by a steady continuity with the Conservative government's approach. The need to deepen cooperation in Euro-Atlantic security structures (primarily NATO) and continental formats (EI2, JEF) is stated.
Discussion and conclusion. On the basis of qualitative examination of policy documents and statements of the Labour Party leaders, as well as quantitative analysis of big data, conclusions are drawn about the key elements of potential continuity and variability in the foreign policy of London before and after the parliamentary elections on July 4, 2024. The results of the work can be useful in forecasting changes in the foreign policy of Great Britain after the victory of Labour in the parliamentary elections of 2024. The theoretical importance of the work lies in the fact that the article proposes a new methodology for quantitative analysis of the foreign policy of the UK.
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