A POLITICAL WRITER'S COLUMN
LAW IN THE PRESENT-DAY WORLD
Introduction. The article explores the issue of formation of the modern system of private law in the FSU states and the influence of the civil law of Russia and the civil law of the USSR on these processes. After the disintegration of the Soviet Union each of the former republics chose their way of developing civil law and private law as a branch of national law. However, the principles of law, peculiarities of regulation of property and non-property relations that had developed over centuries of co-existence could not but affect these processes. Despite the independence of the private law branches of the former Soviet republics, they have similar features, and in some cases even minimal differences. The author considers the issues of interaction of private law in the postSoviet states using the evidence of several of the Central Asian republics, Russia, Ukraine, Belarus and Lithuania.
Materials and methods. Methodological basis of research consists of the following general scientific and special methods of cognition of legal phenomena and processes in the field of civil rights law: a comparative legal method, formal logical method.
The results of the study. The result of the analysis revealed that many of the principles and rules of private law of the FSU states are similar and have common sources, despite the use by legislators of experiences of the countries with the institutional systems of private law in the preparation of codified civil legal acts.
Discussion and conclusions. Desire of the legislator working on drafts of codified civil acts (Civil and Economic Codes) to give priority to stability and continuity in economic and personal property and non-property relations with the purpose of preventing the economy and the system of civil legal relations from socio-economic shocks is revealed and justified.
Introduction. Adoption of a separate chapter regulating employment of foreign citizens in the body of the Labor Code of Russia (LC) has become a significant amendment of the recent years. At the same time, the Russian law also sets forth the employment of foreigners under a civil law agreement. Specifics of this kind of legal relations have not been reflected in the civil legislation. Current state of affairs entails certain difficulties in practice. This study is aimed at the justification of the necessity to develop a concept of foreign citizens` employment in the civil law framework. In this connection, an analysis on the legal nature of the work and labor agreement has been conducted with a view to differentiating such an agreement from the employment contract, as well as to highlighting the grounds of the work and labor relations with a foreign citizen.
Materials and methods. The methodological basis of the research constitute such general scientific and special cognitive methods in the sphere of private international law as analysis and synthesis of social and legal phenomena; system-structural analysis; the formal-logical method; the method of comparative law.
Results of the study. Results of the analysis reveal that labor activity conducted under a work contract is a widespread practice, particularly among foreign citizens. At the same time both employment agreement and work agreement should reflect the specific status of foreign citizens, since such gaps in law create plentiful difficulties for parties in such legal relations.
Discussion and conclusions: the article substantiates the idea that the inclusion of separate chapters setting forth the special status of foreign persons conducting activities under a civil law contract to the body of the Civil Code of the Russia seems to be the most optimal solution. The absence of such codification and the conflict of norms applied in foreign labor regulation impede the proper implementation of subjective rights by the given persons and often do not allow them to opt for entering into work and labor agreement.
Introduction: the article considers the changes that took place in the legal system of the Russian Federation in 1991-2000, the so-called “transitional period”. It is noted that the new political and economic conditions required a drastic change in all branches of law which was subsequently enshrined in the new codes and the 1993 Constitution itself. The author sequentially reviews innovations in criminal, civil, administrative, labor, tax and other types of legislation. In conclusion, it is noted that all the gaps in the development of the legal system during the transition period have not been bridged and a new field of scientific research is opening up for lawyers
Materials and methods: the methodological basis of the research contains general scientific and special methods of cognition of legal phenomena and processes in the sphere of theory and history of state and law, namely: 1. general; 2. general scientific (methods used to study all sciences); 3. interdisciplinary (methods used in related fields of science); 4. special (legal and historical-legal methods proper). The main means of researching the material is the historical-comparative (special) method.
Results: the study identified the changes that occurred in the legal system of the Russian Federation in 1991-2000, during the so-called transition period. The author analyzed and showed exactly what changes occurred in the sectoral legislation of modern Russia: criminal, civil, administrative, procedural. A brief description of the new codes of the Russian Federation is given. The special value of the research is not just in ascertaining the fact of certain legislative gaps, but also in expressing the author’s original, doctrinal position on their elimination. It is emphasized that the problems existing in the Russian legal system are far from being resolved.
Discussion and conclusion: The numerous law conferences are proof that the Russian legal system needs improvement due to significant gaps in legislation. The course on the modernization of the country, put forward in 2009, caused a mixed reaction in the society. Modernization should encompass not only policies and economy, but also the whole state-legal sphere.
Introduction. The article examines the changing approaches to understanding the category of “citation” in copyright law based on the definition of the Judicial Board on Economic Disputes of the Supreme Court. The definition confirms the possibility of applying the rules of citation not only to literary works, but also to photos.
Methods. The methodological base of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes in the sphere of private law: systemic structural analysis, synthesis of socio-legal phenomena, comparative legal method, formal logical method.
Results. The results of the studies revealed the relationship of the Definition of the Supreme court dated 05.12.2003 No. 78-Г03-77, and Definition of Judicial Board on Economic Disputes of the Supreme Court of the Russian Federation of April 25, 2017 N 305-ЭС16-18302 to confirm the possibility of applying the concept of “quoting” not only literary works but also to other works. It is concluded that, despite the fact that the Supreme Court in its order of 2003 points to the existence of this possibility, the judicial practice in this sphere was not uniform. In addition, the author analyzes the criteria of the legality of the citation in the context of the new judicial practice. The article also concludes that the decision of the Supreme Court of the Russian Federation confirmed the possibility of applying rules on the citation not only to photographic, but to any copyright works.
Conclusion. As a result the article concludes that the legitimate and valid size of quotations can not be fixed in a legal norm or universally formulated by judicial practice. In each case it must be up to the court to assess it when considering the dispute in question.
Introduction: The intensification of international labor migration and the expansion of foreign citizens’ involvement in various spheres of labor trigger multidimensional legal problems. Due to this fact, one of the essential challenges that the Russian Federation is facing is to establish a balanced mechanism for regulation of foreign workers’ labor activity on Russian territory, a mechanism that would accommodate both the interests of the country and its population, and the foreign workers’ needs. In order to form an adequate regulation system of foreign workers’ labor, a conceptual and categorial framework needs to be established to preclude any ambiguity in the interpretation of key terms. Unfortunately, despite the heated policy discussions and a vigorous enhancement of the Russian Federation’s legislation in this sphere, an integrated approach to the concept of a foreign worker has not yet been established.
Here-in-under is a survey of scientific approaches adopted by Russian and foreign researchers in determining the definition of “a person who works in a country other than the country of his or her citizenship”. Legal definitions of related concepts, contained in universal and regional international regulations, countries’ bilateral agreements and statutory acts of national legislation were analyzed. Various approaches to qualifying relationships involving foreign workers adopted by domestic law enforcers were examined. As a result, differences were revealed in the scope and contents of the criteria that define the foreign worker category both within legal policy and in international and domestic legislative acts.
Materials and methods: The methodological basis of the research was formed by a universal method of cognition (dialectics), general scientific methods (analysis, synthesis, deduction, and induction) and specific scientific methods adopted in legal studies (historical, comparative and systemic analysis, formal logic method, etc.). Results: The research revealed that the categories used by Russian legislators for qualifying the foreign workers’ status in the sphere of labor activity are characterized by ambivalence. Besides, Russian legislation does not reflect the specific aspects of regulating labor activity of a foreign worker on the basis of a civil law contract.
Discussion and conclusion: Critical analysis of approaches to defining the concept of foreign worker in domestic and foreign legal studies, the analysis and comparison of regulatory acts in national legislation as well as in certain international legal resources allowed us to articulate the essential systemic elements of the “foreign worker” concept and provide a definition for it. This research paper substantiates the need to expand the legal concept of foreign worker by establishing labor activities of a foreign worker as any paid (compensated) activities based on his or her personal labor efforts.
Introduction. The article contains a preliminary discussion of the Russian-Japanese agreement on the joint development of the Southern Kuril Islands in the context of a territorial controversy on the sovereignty over them and the objective of executing a peace treaty, from an international legal perspective.
Materials and Methods. The research results are based on theoretical and empirical analysis of the existing information on the content of the RussianJapanese agreement, the opinions of Russian and foreign experts, international legal materials (treaties, practice and doctrine) on the rules governing the relevant aspects of the situation in question in general and the outcome of the Russian-Japanese dispute in particular.
Results. In 2016-2017, the leaders of the Russian Federation and Japan reached an agreement on the joint economic development of the Southern Kuril Islands that have been under Russian sovereignty since 1945 pursuant to the wartime agreements, but have been claimed by Japan since 1950. The leaders of the two countries expressed a common hope that such activity would allow their states to come closer to executing a peace treaty based on the results of the Second World War. Nonetheless, this prospect has caused concerns, including experts, about the potential loss by Russia of its legal title considering the fact that Japanese investors will be allowed access to these territories, which may allegedly entail the tacit recognition of Japan’s claims.
Discussion and Conclusions. When viewed from the standpoint of the applicable international law, acquiescence of another state’s legal title to a territory requires an unequivocal abandonment of sovereignty over it. Moreover, apart from an express statement of the Heads of the two states to the effect that joint development will not affect their positions on the territorial issue, it is presumed on the basis on the practice of Russian-Japanese treaties on the joint development of marine living resources in the areas around the Southern Kuril Islands, that such a risk will be ruled out by using a protective clause in the future treaty on such joint development. Furthermore, in response to the concerns voiced, the article proposes recommendations on the recognition of the existence of the dispute within the parties’ relations and on the forms of compliance with the rights of the population of the Southern Kuril Islands and the Russian Federation as a whole to self-determination in case of changes in the territorial status of such territories.
Introduction. Establishment of international relations with the Western countries and then with the Eastern countries laid the foundation of Russia’s formation as a Great state.
At the initiative of Peter the Great the closest economic and political relationships were established with Holland which at that time was the most highly developed industrial country in Europe. The diplomatic staff of the day were great patriots of their Motherland as they had to accomplish paramount tasks assigned to the diplomats abroad at that time, under those circumstances, with minimal resource base available for the diplomatic corps.
It is the duty of grateful descendants to remember Andrey Artamonovich Matveev, the first Russian career diplomat who worked abroad and who did a lot to develop the Russian diplomatic service.
The article is devoted to Andrey Artamonovich Matveev – a statesman of the era of Peter the Great, who was head of the first Russian mission abroad (Holland), son of a famous political figure and supporter of Peter the Great’s father – Aleksey Mikhailovich Romanov.
In 1674, when an adolescent, Andrey Matveev joined the close circle of the tsar’s associates, became the tsar’s chamber steward, in 1692-1694 A. Matveev was a Dvinsk voivode. When serving in this position he was promoted to the rank of okolnichy.
At that time he was already one of the most educated people of the era of Peter the Great: he knew foreign languages, spoke Latin, he had an extensive library. It was not by accident that, on the instruction of Peter the First A.A.Matveev, Permanent Representative of The Russian State (1699-1712) to the Dutch States and (1712-1715) to the Austrian court, carried out the orders of Peter the Great in 1705-1706 in France and in 1707-1708 in England, actively assisted the Sovereign in consolidating Russian positions in the Baltics.
Further developments show that A.A.Matveev honestly carried out his responsibilities and had much success in his service. He made great contribution to consolidating Russian military forces on the coast of the Gulf of Finland in 1701-1704 (conquest of Derpt, Narva and other fortresses), to the victory over the Swedes near Poltava in 1709, to the victorious sea battles at Gangut in 1714 and at Granhamn in 1720, and to conclusion of the Treaty of Nestad in 1721.
Peter the Great highly praised zealousness of A.A.Matveev: in November 1712 he elevated him to First Privy Councilor. On February 20, 1715, when Andrey Artamonovich was leaving Vienna, the Austrian emperor Charles VI conferred the title of the Duke of the Holy Roman Empire on him, in January 1716 Andrey Matveev was assigned to the prestigious and responsible post of the Head of the Naval Academy where he served selflessly for the good of his Motherland.
In 1717 A.A.Matveev was appointed President of Justice-collegium by the tsar’s order. In this capacity he contributed greatly to rebuilding the justice system in Russia. He played a crucial role in developing the concept of judicial reform in Russia. A.A.Matveev applied his energies to ensure judges’ independence of local authorities. In 1723-1726 he was Judge of Superior Court.
Materials and methods: Methodological background of the research is based on the following general scientific and specialized methods of cognition of legal phenomena and processes in the sphere of international law: method of system and structural analysis; method of socio-legal phenomena synthesis; comparative method; Aristotelian method.
Results of the research: the results of the research show that the whole activity of A.M. Matveev in the field of state service was connected with serving in prominent government posts. For a long time Andrey Artamonovich headed the Russian diplomatic mission in Holland and Austria. The article also explores informal diplomatic errands of Peter the Great which he carried out in France and England. The author devotes much consideration to Earl Matveev’s activity when he occupied the post of President of Justice-collegium.
Discussion and conclusions: The author shows the reasons which led to the introduction of a collegium reform by Peter the Great. Serving as President of Justice-collegium Andrey Matveev took great pains to ensure independence of judges of local government authorities. He repeatedly drew attention of governors to the necessity of providing assistance to courts and to impermissibility of interference in judicial cases.
ADMINISTRATION: CHALLENGES AND PROSPECTS
Introduction. The problem of “soft power” in international relations and its role in Russia’s foreign policy seems a topical research direction, considering its insufficient scientific analysis due to the prevailing general attitude to the issue of “soft power” in Russian political discourse, where the researched phenomenon is not considered a full-fledged direction of foreign policy and was created on the wave of the “soft power” popularity in the world community. The need to research the use of “soft power” is caused by the ongoing changes in the international relations and global politics that emerged as a result of globalization processes, information and technology sectors development. In the context of the emergence of new actors and rapidly changing rules of playing on the international stage, it is important for countries to adapt quickly to these rules and make full use of new tools. However, due to certain reasons, Russia paid attention to the resources of using “soft power” with a delay, but in order to achieve the world leaders’ level in this area, renewed approach is needed, taking into account the domestic specifics and leading global practices. The research is aimed at studying the features of the “soft power” concept.
Materials and methods. Realization of the research tasks was achieved on the basis of studying theoretical foreign and domestic concepts of “soft power”, analyzing the ratings of the countries’ brands. The methodological basis includes the method of system-structural analysis, the statistical method.
Results. The article considers the main approaches to understanding “soft power” presented in papers of foreign and domestic researchers; analysis of the main components and sources of the “soft power” policy; countries’ brand rating as a measurement tool of “soft power”; concepts of using “soft power” of Russia.
Discussions and conclusion. Based on statistical data and data secondary analysis, the article comes to the conclusion that Russia lacks “soft power”; that grounds exist to create a new image of Russia on the world stage, corresponding to Russian national interests and contemporary realities. In today’s conditions, implementation of Russian “soft power” has many problems related to law, financial and economic aspects.
Introduction. The article examines the evolution and current state of the theory of political communication as one of the functions of state management in Russia and Western nations. The main focus is on the specifics of the regulatory priorities of the state information policy in Russia in the new political reality that emerged after 2014. The main directions for improving information legislation, forms and methods of communication of government and society are considered.
Materials and methods. Comparative analysis of results of development by leading experts of the US and the EU of media policy in relation to the management function of the modern state allows conducting a comprehensive interdisciplinary study of the modern practice of implementation of state information policy by public authorities and management of the Russian Federation . The research is based on general scientific and special methods of cognition of legal phenomena and processes in the sphere of Russian information legislation: the method of systemic structural analysis, comparative-legal and formal-logical methods.
Results. Both in Western countries and in Russia, the evolution of communication policy of modern States moved in recent years towards shifting the focus of media policy on the online space of the Internet. The apparent specificity of the approach in Russia, is to strengthen the legislative regulation of the national segment of the Internet to ensure the information sovereignty of the Russian Federation when information warfare waged by Western nations against Russia becomes tougher and the importance of ideology in modern international relations grows. The new political reality that emerged primarily after 2014 sees a natural process of transformation of the priorities in the methods and means of formation of uniform information space of Russia as a space of knowledge.
Discussion and Conclusion. The external and internal political conditions of the Russian state’s activity in the information and communication sphere require a certain rethinking of the entire range of issues related to political content, methods and technologies for building the communicative interaction between the government bodies of the Russian Federation at all levels and the country’s entire population. While it is important to take into account the classical principles of implementing an effective mechanism for communicative interaction between government and society, the challenge has arisen to create a national media policy that meets the requirements of the present day. The development of this policy must be one of the priority tasks in the context of improving performance of the government bodies of the Russian Federation. The most important work for the Russian state in this field is to scale up comprehensive efforts in the sphere of information security of the country.
Introduction. The article is a comparative study of the formation and functioning of science and higher education system in the European Union and the Eurasian Economic Union, conducted by defining comparison criteria.
Materials and methods. Methodologically, the research is based on general scientific and special methods of cognition of political, social and economic processes, including analysis, synthesis, analogies, generalizations, comparison. The comparative method helped to develop parameters for comparing the scientific and educational complex of the two integration entities.
Results of the study. The analysis revealed that the scientific and educational complex of the EU and the EAEU are comparable by a number of characteristics, which indicates their typological congeniality and the existence of similar principles of functioning. At the same time, there are some factors unique for the EAEU that influence science and higher education. These factors derived from the historical, geographic and national specific background allow the EAEU to effectively use the mechanisms of scientific, technical and educational cooperation. In addition, the comparative analysis unveils problems in this cooperation, which can be solved by drawing on European experience.
Discussion and conclusion. Current scholarly literature pays insufficient attention to the potential of scientific and educational interaction for promoting integration processes in the EAEU. It is important to elaborate models for adapting the experience of the European Union in organizing and financing the European Research Area and the European Higher Education Area to create and develop similar models in the EAEU, taking into account local specific characteristics, as well as the achievements of the Asian system of science and education. In this regard, it is useful to carry out research in the field of networking between the academic community and innovative companies of the EAEU member states and Asian countries to find out new formats of communication.
ISSN 2587-5736 (Online)