编号 4 (2025)
THEORETICAL AND HISTORICAL LEGAL SCIENCES
Theoretical and legal problems of consolidating the inter-sectoral institute of property in Russian law
摘要
Background. The relevance of the research topic is determined by its scientific, theoretical and practical significance. In scientific and theoretical terms, the study of this problem allows us to deepen our understanding of the institutionalization of property in Russian law. In practical terms, the topic is significant from the point of view of studying legal ideas and theories in order to improve Rus-sian legislation concerning the institution of property. The purpose of the article is to attempt to examine the evolution of legal theories of property and their reflection in current legislation. Materials and methods. The article is based on an analysis of the available legal theories of property. It uses the following re-search methods: dialectical, historical, comparative legal methods, method of analysis and synthesis. Results. The article substantiates the idea of the evolutionary development of Russian legislation in terms of property relations, showing that the legislation and the Constitution of the Russian Federation were based on various theories of property, which are most in demand in modern conditions. Conclusions. An analysis of modern Russian legislation has shown that its normative provisions on property are based on several of the most widespread legal theories of property that arose in different historical periods – the liberal theory of property, the theory of the social function of property, the theory of the triad of owner's rights, and the socialist theory of property. Their combined use indicates the transitional nature of Russian society, which finds its consolidation in the Constitution of the Russian Federation.
5-12
Legal problems of defining public authority
摘要
Background. The relevance of the topic is determined by its scientific, theoretical and practi-cal significance. In scientific and theoretical terms, relevance is determined by the inherent novelty of this institution of constitutional law, which requires scientific understanding and application in the prac-tical activities of public authorities. In practical terms, the study of this problem will make it possible to more clearly define the content, goals and objectives of public authorities in the Russian Federation. The purpose of the article is to attempt to consider controversial issues of public authority in the Russian Federation. Materials and methods. The article uses a wide range of modern scientific literature and methods of theoretical and legal science in terms of the content, signs and forms of public authority. As research methods, logical, historical, comparative legal methods, a method of analysis and synthesis were used. Results. The article substantiates the author's position on the controversial issues of public authority, defines its characteristic features and forms. Conclusions. It was concluded that the concept and content of signs of public authority are debatable. Despite the introduction of this legal category in the wording of the legal norms of domestic law, the legislator did not consolidate the legal definition of the concept of public authority. The definition is given, the essence and nature of public authority are characterized, its purpose and functions are shown. Signs of public authority are considered. The forms of exercising public authority have been investigated.
13-24
The American state and political parties in the mirror of Soviet American studies
摘要
Background. Beginning in the 1950s, i.e., with the intensification of the confrontation be-tween the two global hegemons – the USA and the USSR – American studies became one of the leading fields in the Soviet humanities. Within American studies, particular attention was paid to issues of state, law, and politics. This article provides an analytical review of the main works of Soviet American studies, highlighting their strengths and weaknesses. Materials and methods. From the extensive scholarly legacy, this study primarily focuses on monographs, dissertations, and, in some cases, articles, written primarily at the country's key academic venues of the time. Critical analysis and comparison are employed, along with a selective discussion of individual works. Results. It is established that Soviet American studies largely devoted its work to significant historical anniversaries – the 100th anniversary of the Civil War, the 200th anniversary of the start of the Revolutionary War, and the 200th anniversary of the adoption of the US Constitution. At the same time, it also explored topics of unquestionable significance "without reference" to historical dates: the development of capitalism in the premodern era, the state of public consciousness in the late 19th century in connection with the development of state expansion, the farmers' movement, and the state's response to it. A major achievement of Soviet American studies in the 1980s was the study of the two-party system in the United States, which had a fundamental impact on the state. Conclusions. Despite its undeniable success, Soviet American studies was not free of ideological illusions, stemming from the key role of the labour movement and the American Communist Party, an inadequate interpretation of the Black question, and an excessive focus on foreign policy. At the same time, Soviet Americanists contributed not only academically but also through informational and propaganda efforts to Soviet people's understanding of a country that was foreign and distant to them.
25-38
PUBLIC LEGAL (STATE LEGAL) SCIENCES
Constitutional and legal protection of the rights and freedoms of minors
摘要
Background. The article examines the issue of constitutional and legal protection of the rights and freedoms of minors, including the mechanisms for protecting these rights and freedoms and the conditions created by the state for the implementation of such protection. The relevance of the research topic is due to the problematic aspects of state control over the observance of constitutional and legal protection of the rights and freedoms of minors, which include the improper fulfilment of duties by the legal representatives (parents) of minors in terms of raising their children, and the lack of additional state measures to improve the mechanism for protecting the rights and freedoms of minors. The author's goal is to research and conduct a comparative analysis of the constitutional rights and freedoms of minors and the sufficiency of legislative measures to protect the personal rights and freedoms of minors, including the scope of legally established responsibilities of legal representatives of minors. Materials and methods. The solution of research tasks was achieved through the analysis of legal norms on ensuring the rights and freedoms of minors, which are contained in the Constitution of the Russian Federation and the Family Code of the Russian Federation. A comparative legal analysis of these sources allows us to determine the specifics of the institution of minors' rights in terms of their constitutional and legal provision, as well as to identify possible mechanisms for improving and protecting these rights. Results. The article explores the issues of ensuring and protecting the rights and freedoms of minors from the perspective of their constitutional and legal significance. It analyzes the legal norms governing the observance of the rights and freedoms of minors by their legal representatives, particularly the norms governing the obligations of legal representatives (parents) to provide proper upbringing for minors (children). The article also examines the relevance of these legal norms in the field of protecting the rights and freedoms of minors. Conclusions. The existence of constitutional and legal provisions on the rights and freedoms of minors, which primarily identify the sovereignty of the corresponding rights and freedoms granted to everyone from birth, cannot serve as a guarantee of their proper implementation. In other words, the protection of the rights and freedoms of minors cannot be ensured solely by reference to this in the main legal act of the state. The protection of the personal rights and freedoms of minors, based on their constitutional and legal status, is directly related to the appropriate observance of the norms by legal representatives that provide for the proper upbringing and maintenance of their children, as well as to the possible improvement of state methods for protecting the rights and freedoms of minors.
39-46
Optimization of the Russian Federation migration policy: analysis of adaptation and crisis management problems
摘要
Background. The scientific novelty of the work is to identify an institutional dissonance between the declared goals of the migration policy of the Russian Federation (the 2019–2025 Concept) and the practice of their implementation in the context of the multicrisis challenges that have arisen in recent years (the Covid-19 pandemic, sanctions from other states in response to SVO). The study demonstrates how the inefficiency of adaptation mechanisms increases sociolegal risks, forming institutional traps. The purpose of this work is to identify the key problems that hinder the successful implementation of migration policy, as well as to identify their causes and consequences for the state and society. Materials and methods. Applied: comparative legal analysis of regulations (Decrees No. 274, 580, the Concept of Migration Policy of the Russian Federation for 2019–2025); statistical data from the Ministry of Internal Affairs of the Russian Federation and the United Nations (2020–2025); content analysis of materials from migration centres in St. Petersburg. Results. Three systemic problems have been identified: inefficiency of language and legal training for migrants (31.7 % speak Russian at a basic level, 16.1 % do not understand legal norms); lack of a federal adaptation system, leading to isolation of migrant groups; inability of the Interior Ministry to respond promptly to crises (confirmed by the example of COVID-19), which exacerbates illegal employment. Conclusions. In order to overcome institutional traps, it is proved necessary to create a unified federal programme for the adaptation of migrants; strengthening international cooperation for data exchange with law enforcement agencies of donor countries; integration of crisis plans into migration legislation. The implementation of the proposed measures will minimize social conflicts and optimize the management of migration flows, as well as lead to positive economic changes.
47-58
The role and place of a person in constitutional legal relations
摘要
Background. The article is devoted to the study of the role and significance of a person as a subject of constitutional legal relations. The author explores the role of a person in various models of constitutionalism. The relevance of the study is due to the changing social relations, the rethinking and development of the theory of constitutionalism, and, as a result, the role and place of the individual as a subject of constitutional legal relations in various jurisdictions. Materials and methods. The implementation of research objectives was achieved through the analysis of works dedicated to the theory of constitutionalism and the rule of law. Special attention was paid to the research of Russian and foreign constitutionalists on the specifics of constitutionalism in jurisdictions with different models of constitutionalism, both traditional and alternative. The methodological toolkit includes comparative legal and historical legal analysis, as well as the analysis of regulatory legal acts. Results. As a result, the author concludes that the role and significance of a person as a subject of constitutional legal relations differ significantly in different jurisdictions. The French model of constitutionalism provides for the most active role of a person in constitutional legal relations. Conclusions. The stability of the legal status of a person as a subject of constitutional legal relations depends on the development of other subjects of constitutional legal relations. The role and significance of a person in constitutional legal relations are significantly influenced by the level of legal and economic development of the state, historical traditions, and cultural and religious characteristics of society. With the development of social relations, including scientific and technological progress, the emergence of a digital state, and the introduction of artificial intelligence, the role and place of a person as a subject of constitutional legal relations are under additional pressure.
59-67
National projects as an instrument of state social policy: legal assessment and development prospects
摘要
Background. The relevance of the research is determined by the increasing demands on the quality and effectiveness of state social policy in the context of the legal and socioeconomic transformation of the Russian Federation. Modern challenges require the search for optimal legal regulatory mechanisms and the introduction of effective tools to support the population, which strengthens the role of national projects as key instruments of public administration since the beginning of the 21st century. The main purpose of this work is to provide a legal analysis of national projects as an instrument of social policy, identify problems of their regulatory regulation and implementation, and formulate proposals for improving the organizational and legal mechanisms of their functioning, taking into account the prospects for further evolution in the Russian legal system. Materials and methods. The initial objectives were achieved through a comprehensive analysis of regulatory legal acts regulating the basis for the formation and implementation of national projects in the Russian Federation, as well as the current constitutional and federal regulations in the field of social policy. The methodological base of the research includes dialectical, comparative legal and formal legal methods, methods of analysis and syn-thesis, as well as elements of a statistical and sociological approach to identify trends and effectiveness of the implementation of national projects in individual regions. The use of historical and legal analysis has made it possible to trace the evolution of approaches to national projects and correlate the current problems of their implementation with the stages of development of the Russian model of social policy. The formal legal analysis made it possible to detail the structure of regulatory regulation and identify legal conflicts and gaps affecting the effectiveness of project implementation. Results. The paper reveals the high institutional importance of national projects that form a systematic approach to the protection of citizens' rights, support for various categories of the population and the development of social infra-structure based on the principles of program-oriented management. Conclusions. The conducted research allows us to assert that national projects at the present stage are one of the most innovative and promising forms of program-oriented management in the social policy of the Russian Federation.
68-79
The digital state: concept and its legal significance
摘要
Background. The digital transformation of public administration is taking place in most countries worldwide. Relevant legal acts aimed at implementing the provisions on the creation of a digital state are being adopted. The transition to a more advanced model of public administration is considered. The legal framework, today, requires more detailed regulation in order to answer the questions that have arisen before the traditional legal system in connection with the widespread use of new technologies. Understanding by the scientific community and amendments to the current national legislation are required. The main goal is to study the structural elements of the digital state, determine the legislative regulation of this issue, and identify the problems that arise in the implementation of the provisions of the digital state. Materials and methods. The empirical base consists of legal acts determining the procedure for the digital transformation of public administration in the Russian Federation. The compara-tive legal method allowed us to analyze foreign legal acts (People's Republic of China, United Arab Emirates, Republic of Kazakhstan). Results. The general substantive characteristics of legal acts regulating digital transformation in the Russian Federation and abroad are presented. The concepts of "digital state" are presented. Conclusions. A new concept of "digital state" is emerging, changing the under-standing of the public administration system. It offers a new approach to addressing the challenges posed to government bodies, streamlining and accelerating decision-making. This requires the development of updated standards and regulations covering a wide range of issues related to the digital transformation of public administration. Taking these provisions into account will ensure a holistic and coordinated approach to the implementation of digital technologies.
80-90
Legal regulation of activities to ensure the uniformity of measurements
摘要
Background. The importance of standardization, metrology and certification is currently very great, since they are important tools in ensuring production efficiency, safety and product quality, since they develop methods and rules for standardizing product parameters and technological processes, regulatory documentation, methods for monitoring measurements (analysis) and testing products, confirmation of its compliance with the necessary requirements. The purpose of the work is to analyze the system of training bachelors and masters in the field of standardization and metrology, determining the need to use professional standards as the basis for the formation of professional competence and showing a significant place of knowledge of regulatory documents in it. Materials and methods. The implementation of research tasks was achieved on the basis of the analysis of the main educational programs and professional standards «Specialist in metrology» and «Specialist in technical quality control of prod-ucts», the regulatory framework that forms the basis of the competence of a specialist in this area. Results. The requirements of federal educational standards for the preparation of bachelors and masters in the field of standardization and metrology are given. The need to use professional standards as a source of professional competencies in the development of higher education programs is determined. Requirements for the scope of programs, training terms, field and tasks of activity, availability and types of practices, state final certification are considered. Federal laws are given, the knowledge of which forms the basis of the professional competence of a specialist in the field under consideration. Conclusions. The need to form a legal culture as a necessary component of the professional competence of specialists in the field of standardization and metrology is shown. The need for an internal and external assessment of the knowledge gained, conducting satisfaction surveys for participants in the educational process is noted. It is recommended to use professional-public and international accreditation as an external assessment. It is determined that the center of responsibility for the development of curricula, coordination of activities for the creation of methodological materials in the training of students is the issuing department of the educational organization. The need for close cooperation with enterprises is noted.
91-100
SOCIAL STRUCTURE, SOCIAL INSTITUTIONS AND PROCESSES
Digitalization of youth psychological assistance as a social trend: needs and institutional changes
摘要
Background. The social dynamics of modern society exacerbate the problem of mental well-being, leading to an increase in the need for accessible forms of psychological assistance. This issue is particularly relevant in the youth environment, which is the most receptive to digital solutions. The purpose of this study is to identify and analyze the social determinants of the demand for digital forms of psychological support among young people as an indicator of institutional changes in this area. Materials and methods. The study is based on the analysis of data from national surveys and an author's empirical research. The questionnaire method was used to collect primary data. The data were processed using descriptive statistics. Results. It was found that 40.5 % of respondents experience a frequent need for psychological support. Key social determinants of stress were identified: uncertainty about the future (37.5 %) and generalized anxiety (27.5 %). The most significant factors for users are the availability of support (66.7 %) and its 24/7 availability (65.7 %). The analysis showed a high integration of mobile applications in the daily practices of young people (59.5 %), with a dominant need for progress tracking functions (65.6 %) and a request for the integration of artificial intelligence technologies. Conclusions. Based on the results, it was concluded that a new digital social institution of psychological support is emerging in Russian society, characterized by flexibility, accessibility, and focus on user requests. Its development is associated with the deepening of personalization, the integration of AI technologies, and the development of sustainable hybrid interaction models. Digital support occupies an important niche in the ecosystem.
101-112
State and problems of interaction between police officers and repre-sentatives of public associations: a sociological aspect
摘要
Background. The article is devoted to revealing the relevant scientific and practical problems of identifying sociological features and determining the possibilities of strengthening public-private partnership. The purpose of the study is to identify the features of social interactions between police officers and representatives of public associations in unstable conditions in order to develop proposals for strengthening social and institutional partnership. Materials and methods. The study analyzed the materials of the author's research, implemented by methods: questionnaire survey of police officers; expert interview of officers of the top commanding staff of police units; analysis of big data (content analysis of media reports). Results. The police primarily partner with people's squads and law enforcement organizations, such as Cossack communities. Contacts with other public associations are rare. This does not promote the development of social and institutional partnerships. The current media environment does not fully contribute to improving the positive image of police officers, as information is primarily focused on the lack of goal-oriented, timely, and systematic activities, corruption, and a lack of consideration for the public's interests. Conclusions. The main areas for strengthening the socio-institutional partnership in ensuring public order are: expanding the partnership between police officers and youth, diaspora, and educational public associations, and increasing the share of positive information in the media.
113-123
SOCIAL AND POLITICAL PHILOSOPHY
Digital technology and modern society: the facets of postphenomenological analysis
摘要
Background. In modern conditions, the problem of comprehensively considering technology not only as a phenomenon, but also as an intermediary in human relations with the world, is of particular importance. In other words, an important question that requires a search for answers is the following: how technology appears in the daily consciousness of a person, what it means for a modern person and how it changes his relationship with the world. Materials and methods. The research materials include modern works on postphenomenology, as well as scientific articles on digitalization. The research is based on the postphenomenology of D. Ihde, as well as the work of E. Levinas and J.-L. Marion. Methods: theological, phenomenological, postphenomenological. Results. The phenomenological and post-phenomenological framework of the theological interpretation of technology and its place in modern society is outlined. Technology is considered primarily as a means of human interaction with the world, aimed at ensuring earthly life. The presented concept of technology is used to interpret modern digital technologies and their impact on humans and their relationship with the world. A number of contradictions in the use of modern technologies by modern people have been identified. It talks about the expansion of the human life world, which is simultaneously accompanied by the increasing integration of modern technical devices into social life and the increasing risks of eroding humanity. Conclusions. Technology, created and improved to provide more and more comfortable conditions for physical existence, has reached a stage in its development when it determines a person's thinking and behavior, often distancing them from spiritual life. From a postphenomenological point of view, technology leads to the blurring of the boundaries between subject and object and the blurring of the human. Modern digital technologies determine many aspects of our lives: our perception of our own physicality, the perception of others, the perception of time, and our attitude to events taking place in the country and in the world.
124-134
Heuristic and praxeological potential of N.A. Berdyaev's philosophical and historical doctrine in the modern socio-political discourse of Russia
摘要
Background. The current confrontation between Russia and the West reveals a geopolitical, geoeconomic, and value conflict, which indicates two diametrically opposed socio-political discourses followed by Russia and the West. For the conceptual support of Russian socio-political discourse, it seems prospective to turn to the philosophical and historical doctrine of N.A. Berdyaev. The purpose of the work is to substantiate the heuristic and praxeological potential of N.A. Berdyaev's philosophical and historical doctrine, which can strengthen Russia's position in the context of the geopolitical challenge from the Western world. Materials and methods. The implementation of the research objectives was carried out based on the analysis of N.A. Berdyaev's philosophical and journalistic works. The methodological framework of the study is based on the methodology of research programs by I. Lakatos, which allows us to consider socio-political discourse as a “research program” with a “hard core” and a “protective belt”. In this study, I. Lakatos’s terminology is applied through partial metaphorical structuring, according to the theory of conceptual metaphor by G. Lakoff and M. Johnson. Results. It is noted that the modern Russian socio-political discourse, based on traditional spiritual and moral values, is not conceptually sufficient in the context of the geopolitical confrontation with the West. The use of N.A. Berdyaev's philosophical and historical doctrine to support Russian socio-political discourse from the perspective of historiography dedicated to N.A. Berdyaev's doctrine is debatable. The points of view of scientists regarding the potential of N.A. Berdyaev's doctrine are indicated. As a result of the analysis of N.A. Berdyaev's doctrine, the following concepts were identified as prospective for sociopolitical application: personalism as a social worldview, social democracy as a political system, and the Russian idea as Russia's historical mission in the world. Conclusions. The creative improvement of the N.A. Berdyaev's concepts of personalism, social democracy, and Russian idea for the theoretical justification of the Russian model of socio-political development can contribute to strengthening Russia's place and role in the emerging multipolar world.
135-143
PHILOSOPHICAL ANTHROPOLOGY, PHILOSOPHY OF CULTURE
The anthropological risks of the digital age: the technological war
摘要
Background. The technological confrontation of the 21st century is a full-fledged war of a new type, which carries a number of unprecedented anthropological risks. The methods of a person's identity, building his career, social and personal life, storing and protecting personal data, and many other parameters that together fully define a person in society are subject to complete revision. The purpose of the study is to reveal and analyze the anthropological risks caused by technological warfare as a promising area of interstate confrontation within the framework of the new generation war. Materials and methods. The present study is based on an anthropological analysis. With its help, the anthropological risks posed by the technological war in the digital space were considered, as well as their consequences, which have already occurred and are expected in the future. The philosophical and cultural method and the network approach were also used. Results. The anthropological dimension of techno-logical warfare is considered, that is, its humanitarian, rather than purely technical, dimension. The characteristics of the new identity of a modern person are noted, in which the digital aspect becomes an indispensable element. New criteria of inequality are being revealed, and technological backwardness, which a person cannot overcome while on the «digital periphery», is becoming an aggravating factor. Conclusions. The technological war raises several questions at once, the search for answers to which will allow a modern person to successfully adapt to the changes taking place in the digital age. New ethics, digital and cultural hygiene will allow a person to find a balanced adaptation option. A person is a product of the independent development of a nation-state, which is why, first of all, focusing on habitual (culturally conditioned) behaviors and, at the same time, increasing digital engagement and literacy will increase the adaptive potential of the individual in the era of total digitalization.
144-154
On the philosophical aspects of mental deviations: historical review
摘要
Background. Ancient philosophers (Aristotle, Plato, and Democritus) considered questions of the soul in their reflections, and they also elevated the problems of mental deviations to the level of philosophical reflection. Since then, various aspects of the problem of mental deviations have been analyzed from time to time in philosophical studies. It was addressed by both classics of German philosophy (I. Kant and G.W.F. Hegel) and representatives of postclassical philosophy (F. Nietzsche, J. Deleuze, M. Foucault). Materials and methods. The dialectical method and the principle of universal connection and development were the main ones in the study, allowing us to reveal various aspects of the problem under study. To analyze the relationship between human mental deviations and sociality, a socio-an-thropological method was used, and the mutual influence of culture and society was examined using sociocultural methodology. Results. This study revealed that the problem of mental deviations was initially viewed from a pedagogical standpoint, as a shortcoming of upbringing. In later periods, the authors focused on critiquing approaches to correction and society's attitudes toward individuals with disabilities. A study of the works of contemporary philosophers reveals that mental deviations in modern society have acquired new and interesting nuances that require systematization. The analysis of the philosophi-cal aspects of human mental deviations was conducted based on a general philosophical dialectical methodology, supplemented by an examination of the connection between human mental deviations and sociality using a socio-anthropological method, and the mutual influence of culture and society using a socio-cultural methodology. Conclusions. The conducted work allowed us to conclude that it is necessary to intensify the trend of rethinking not only the causes of mental disorders but also the under-standing of mental deviation itself. It is necessary to rethink postmodern ideas that criticize corrective work in relation to people with mental anomalies and increasingly refuse to recognize them as abnormal in accordance with modern realities.
155-163
Constructing a Soviet man through myths
摘要
Background. In modern times, the idea of personality formation based on the values of Russian civilization is becoming important, which makes us turn to the Soviet period of Russian history and the issue of constructing a Soviet person. The purpose of the study is Soviet myths, through which a new type of personality was formed – the Soviet man. Materials and methods. The implementation of research tasks is based on the study of texts broadcast in the Soviet state related to the image of a Soviet person. The analytical and hermeneutic methods of research are chosen. Results. The analysis of the texts showed that the myths about the Soviet man based on the archetype of Prometheus, the leader, including the archetypes of the Wise Elder, the Warrior and the superman, the Soviet people possessing a certain chosenness and unity with the party, moral values contributing to the formation of certain qualities of the Soviet man, heroism and class struggle appeared as common narratives of constructing the individual where the image of an enemy that had to be fought was considered mandatory. The laws of myth-making contributed to the effectiveness of introducing myths into human consciousness. Among them are the use of binary oppositions, the principle of similarity, and the law of condensation. The myths replicated in the Soviet state represented an ideological construct that shaped the Soviet man, oriented him in the universe and contributed to the stability of existence. Conclusions. The introduction of myths into the minds of a large number of people had not only positive but also negative aspects, including suppressing critical thinking, leading to conformism and intolerance to dissent, and creating double standards. Understanding the essence and mechanisms of action of Soviet myths in modern conditions will help to form new myths for the formation of a self-sufficient personality with the value orientations of the Russian civilization.
164-178
