Pub Date : 2023-06-27DOI: 10.24833/2073-8420-2023-2-67-62-70
E. Zavyalova, T. Krotova, A. V. Buniakova
Introduction. The purpose of this article is to verify the assertion of most foreign modern authors that the introduction of ESG principles leads to improved competitiveness of modern corporations. The analysis is based on the most relevant theories of competitiveness in terms of intangible factors of competition. In order to test the hypothesis of the impact of ESG principles on competitiveness, the authors have analysed the correlation between companies’ revenues and their S&P Global ESG score. The analysis was based on 87 ESG-leaders operating in different industries. Materials and methods. The analysis is based on the theories of competitiveness set out in the works of P. Sraffa and M. Porter. Results of the research. As the potential of tangible factors of competition is next to exhausted, the focus is shifting to intangible factors, i.e. to meeting specific consumers’ demands, taking into account social and environmental factors in the process of production. In accordance with current trends, satisfying these needs is achieved by implementing ESG principles. However, it remains an open question whether this enhances the competitiveness of the company. According to the results of the study, implementing ESG principles in the activities of companies is not a guarantee of increasing the competitiveness of the company. Discussion. Despite the results obtained, the authors argue that companies should not abandon the implementation of ESG principles. Companies may receive some benefits by luring investors who adhere to the principles of responsible investing, or by being listed on stock exchanges that require ESG disclosures, which allows companies to demonstrate to stakeholders their commitment to ESG or simply to be listed on some stock exchanges. Implementing ESG factors and initiatives does not in itself lead to an increase in a company's competitiveness. However, non-participation in this process in today's environment puts the company at risk of underinvestment and lower consumer demand.
{"title":"ESG Impact on Corporate Competitiveness","authors":"E. Zavyalova, T. Krotova, A. V. Buniakova","doi":"10.24833/2073-8420-2023-2-67-62-70","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-2-67-62-70","url":null,"abstract":"Introduction. The purpose of this article is to verify the assertion of most foreign modern authors that the introduction of ESG principles leads to improved competitiveness of modern corporations. The analysis is based on the most relevant theories of competitiveness in terms of intangible factors of competition. In order to test the hypothesis of the impact of ESG principles on competitiveness, the authors have analysed the correlation between companies’ revenues and their S&P Global ESG score. The analysis was based on 87 ESG-leaders operating in different industries. Materials and methods. The analysis is based on the theories of competitiveness set out in the works of P. Sraffa and M. Porter. Results of the research. As the potential of tangible factors of competition is next to exhausted, the focus is shifting to intangible factors, i.e. to meeting specific consumers’ demands, taking into account social and environmental factors in the process of production. In accordance with current trends, satisfying these needs is achieved by implementing ESG principles. However, it remains an open question whether this enhances the competitiveness of the company. According to the results of the study, implementing ESG principles in the activities of companies is not a guarantee of increasing the competitiveness of the company. Discussion. Despite the results obtained, the authors argue that companies should not abandon the implementation of ESG principles. Companies may receive some benefits by luring investors who adhere to the principles of responsible investing, or by being listed on stock exchanges that require ESG disclosures, which allows companies to demonstrate to stakeholders their commitment to ESG or simply to be listed on some stock exchanges. Implementing ESG factors and initiatives does not in itself lead to an increase in a company's competitiveness. However, non-participation in this process in today's environment puts the company at risk of underinvestment and lower consumer demand.","PeriodicalId":31893,"journal":{"name":"Journal of Public Administration Finance and Law","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89303506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.24833/2073-8420-2023-2-67-71-78
Y. Levin
Introduction. The article analyzes the main factors of the emergence and development of capital market imbalances during the intensification of financial globalization processes. The basis of financial globalization was the integration of various countries and macro-regions on the basis of common goals for the market development to fulfill the key functions of national economies to provide financial resources. As a result of further liberalization of international capital flows, the global financial system has become a channel for spreading financial instability. Materials and methods. The methodological basis of the study was made up of general scientific and special methods that allow to identify and substantiate global contradictions and current features of capital reproduction. Methods of economic analysis and synthesis, formal-logical method, synchronous and comparative (comparative) methods are used. The results of the study. Based on the analysis of trends in the development of capital markets, systemic contradictions affecting the course of natural processes of national economies financial development are identified. It is shown that the consequence of the disproportionate growth of financial capital is the withdrawal of liquidity from the material sphere - the sphere of production and circulation in the sphere of finance. The theoretical aspects analysis of the emergence of global capital market imbalances is carried out. An assessment of their impact on the global financial system and economic growth is given. It is proved that the negative consequences of economy financialization, bearing geopolitical risks, equally affect all countries without exception. The main result, representing an element of scientific novelty, is the diagnosis of the consequences of imbalances and the accompanying global financial crises. Discussion and conclusion. Persistent negative trends caused by the peculiarities of the process of increasing contradictions between fictitious and real capital, financial and material sectors of national economies, lead to increased systemic risks of the financial market functioning of the globalizing world economy. Against the background of a significant advance in the growth of monetary and loan capital in comparison with the real one, the structure of public capital is experiencing frequent banking and debt crises and the vulnerability of the world economy is growing due to the consequences of capital financialization.
{"title":"Financial Globalization: Theoretical and Practical Aspects of Capital Market Imbalances","authors":"Y. Levin","doi":"10.24833/2073-8420-2023-2-67-71-78","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-2-67-71-78","url":null,"abstract":"Introduction. The article analyzes the main factors of the emergence and development of capital market imbalances during the intensification of financial globalization processes. The basis of financial globalization was the integration of various countries and macro-regions on the basis of common goals for the market development to fulfill the key functions of national economies to provide financial resources. As a result of further liberalization of international capital flows, the global financial system has become a channel for spreading financial instability. Materials and methods. The methodological basis of the study was made up of general scientific and special methods that allow to identify and substantiate global contradictions and current features of capital reproduction. Methods of economic analysis and synthesis, formal-logical method, synchronous and comparative (comparative) methods are used. The results of the study. Based on the analysis of trends in the development of capital markets, systemic contradictions affecting the course of natural processes of national economies financial development are identified. It is shown that the consequence of the disproportionate growth of financial capital is the withdrawal of liquidity from the material sphere - the sphere of production and circulation in the sphere of finance. The theoretical aspects analysis of the emergence of global capital market imbalances is carried out. An assessment of their impact on the global financial system and economic growth is given. It is proved that the negative consequences of economy financialization, bearing geopolitical risks, equally affect all countries without exception. The main result, representing an element of scientific novelty, is the diagnosis of the consequences of imbalances and the accompanying global financial crises. Discussion and conclusion. Persistent negative trends caused by the peculiarities of the process of increasing contradictions between fictitious and real capital, financial and material sectors of national economies, lead to increased systemic risks of the financial market functioning of the globalizing world economy. Against the background of a significant advance in the growth of monetary and loan capital in comparison with the real one, the structure of public capital is experiencing frequent banking and debt crises and the vulnerability of the world economy is growing due to the consequences of capital financialization.","PeriodicalId":31893,"journal":{"name":"Journal of Public Administration Finance and Law","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80411297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.24833/2073-8420-2023-2-67-54-61
O. S. Volgin, E. Karsanova
Introduction. The central point of the article is the idea that a state, which pretends to be modern, must be social. To prove this idea the authors propose a broad view on social state which duties are not limited to protective and distributive activity, but – what is more important - presupposed to initiate positive social activity of its citizens. The concept of positive social activity the authors treat as such kind of activity, which comes out from the internal needs of persons not from external press of the state by any means. Materials and methods. The research is based on holistic methodology, which allows understanding socialization not as a binary relation between a society and an individual, but as a practice of collective communication of all social actors. This point of view gives social theorists an opportunity to analyze social state as the institute of co-working that requires the policy of inclusivity. Results of study. The formation of positive social activity, on the one hand, is impossible without participation of the state, but, on the other hand, it presupposes the limitation of state power to effect on free choice of individuals to act. If not, a state turns into symbolic social state limiting its activity by protective and distributive roles. The result of this limitation might cause a mood of parasitical consumerism of its citizens and degradation of sociality. Discussion and conclusion. The nature of a state experiences substantial changes in the XX century. We witness the appearance of new type of a state that never exists before. One of the fundamental features of it is a positive social activity of its citizens. Only because of this a state can efficiently cope with the challenges of contemporaneity and acquires the real social essence.
{"title":"Understanding the Social State","authors":"O. S. Volgin, E. Karsanova","doi":"10.24833/2073-8420-2023-2-67-54-61","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-2-67-54-61","url":null,"abstract":"Introduction. The central point of the article is the idea that a state, which pretends to be modern, must be social. To prove this idea the authors propose a broad view on social state which duties are not limited to protective and distributive activity, but – what is more important - presupposed to initiate positive social activity of its citizens. The concept of positive social activity the authors treat as such kind of activity, which comes out from the internal needs of persons not from external press of the state by any means. Materials and methods. The research is based on holistic methodology, which allows understanding socialization not as a binary relation between a society and an individual, but as a practice of collective communication of all social actors. This point of view gives social theorists an opportunity to analyze social state as the institute of co-working that requires the policy of inclusivity. Results of study. The formation of positive social activity, on the one hand, is impossible without participation of the state, but, on the other hand, it presupposes the limitation of state power to effect on free choice of individuals to act. If not, a state turns into symbolic social state limiting its activity by protective and distributive roles. The result of this limitation might cause a mood of parasitical consumerism of its citizens and degradation of sociality. Discussion and conclusion. The nature of a state experiences substantial changes in the XX century. We witness the appearance of new type of a state that never exists before. One of the fundamental features of it is a positive social activity of its citizens. Only because of this a state can efficiently cope with the challenges of contemporaneity and acquires the real social essence.","PeriodicalId":31893,"journal":{"name":"Journal of Public Administration Finance and Law","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90240816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.24833/2073-8420-2023-2-67-3-14
M. Koshmarov, A. Trubetskoy
Introduction. The article examines political technologies and propaganda used in global transformations of modern and contemporary history, as well as history of the recent decades. The object of the research is modern society. The subject of the research is the transformation of society in recent decades and methodology of transformations. Materials and methods. The article presents a comparative analysis of revolutions in England, France, the USA and Russia from the propagandistic and political technology points of view. A comparative study of such legal documents as the Bill of Rights (1689), the Declaration of Independence (1776), the Declaration of Human Rights (1789) is conducted. The obtained data are applied to analyzing the aspects of the global ecological revolution. The key propaganda and political technology patterns are revealed. The research is carried out by historical, comparative and analytical methods. The data are taken from open sources and scientific literature. The research methodology is the analysis of the selected facts. The purpose of the study is to identify patterns and predict the vectors of globalization development. The results of the study. The results of the study clearly illustrate the thesis about the global transformation of society that began in 2015; the main events of this period are analyzed. Discussion and conclusion. The article presents a comparative analysis of revolutions in England, France, the USA and Russia from the propagandistic and political technology points of view. The obtained data are applied to analyzing the aspects of the global ecological revolution. The key propaganda and political technology patterns are revealed. The conducted research makes it reasonable to conclude that the political component in the global ecological revolution that has begun is of high priority. Propaganda and political technologies are the main means to implement challenges of the global ecological revolution that aims to establish control over humanity’s consumption of world resources.
{"title":"Juridical and Propagandistic Tools of the Global Revolution","authors":"M. Koshmarov, A. Trubetskoy","doi":"10.24833/2073-8420-2023-2-67-3-14","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-2-67-3-14","url":null,"abstract":"Introduction. The article examines political technologies and propaganda used in global transformations of modern and contemporary history, as well as history of the recent decades. The object of the research is modern society. The subject of the research is the transformation of society in recent decades and methodology of transformations. Materials and methods. The article presents a comparative analysis of revolutions in England, France, the USA and Russia from the propagandistic and political technology points of view. A comparative study of such legal documents as the Bill of Rights (1689), the Declaration of Independence (1776), the Declaration of Human Rights (1789) is conducted. The obtained data are applied to analyzing the aspects of the global ecological revolution. The key propaganda and political technology patterns are revealed. The research is carried out by historical, comparative and analytical methods. The data are taken from open sources and scientific literature. The research methodology is the analysis of the selected facts. The purpose of the study is to identify patterns and predict the vectors of globalization development. The results of the study. The results of the study clearly illustrate the thesis about the global transformation of society that began in 2015; the main events of this period are analyzed. Discussion and conclusion. The article presents a comparative analysis of revolutions in England, France, the USA and Russia from the propagandistic and political technology points of view. The obtained data are applied to analyzing the aspects of the global ecological revolution. The key propaganda and political technology patterns are revealed. The conducted research makes it reasonable to conclude that the political component in the global ecological revolution that has begun is of high priority. Propaganda and political technologies are the main means to implement challenges of the global ecological revolution that aims to establish control over humanity’s consumption of world resources.","PeriodicalId":31893,"journal":{"name":"Journal of Public Administration Finance and Law","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86574598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.24833/2073-8420-2023-2-67-15-23
M. Pupysheva, A. Zuev
Introduction. The article presents an overview of the current domestic political situation in Mexico on the eve of the presidential elections of 2024. This issue is of particular interest to domestic science in connection with the attention recently paid to the development of bilateral relations between Russia and Latin American countries. The predictability and heredity of the foreign policy of the Mexican United States, and therefore the potential for developing cooperation with Moscow, is directly related to the stability of the administration of A. Obrador. Materials and methods. The methodological basis of the study was the methods of systematic and comparative analysis, statistical, as well as formallogical method. Results of the study. As a result of the conducted research, the current domestic political situation in Mexico and the possibility of preserving the positions of the ruling MORENA party and the influence of various negative factors on the situation were studied. Discussion and conclusion. The results of the study allow us to assess the possibility of building medium-term interstate relations between the Russian Federation and Mexico, considering the predicted victory of the ruling party in the presidential elections in November 2024.
{"title":"The Domestic Policy Conjuncture of Modern Mexico: State and Prospects for Development","authors":"M. Pupysheva, A. Zuev","doi":"10.24833/2073-8420-2023-2-67-15-23","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-2-67-15-23","url":null,"abstract":"Introduction. The article presents an overview of the current domestic political situation in Mexico on the eve of the presidential elections of 2024. This issue is of particular interest to domestic science in connection with the attention recently paid to the development of bilateral relations between Russia and Latin American countries. The predictability and heredity of the foreign policy of the Mexican United States, and therefore the potential for developing cooperation with Moscow, is directly related to the stability of the administration of A. Obrador. Materials and methods. The methodological basis of the study was the methods of systematic and comparative analysis, statistical, as well as formallogical method. Results of the study. As a result of the conducted research, the current domestic political situation in Mexico and the possibility of preserving the positions of the ruling MORENA party and the influence of various negative factors on the situation were studied. Discussion and conclusion. The results of the study allow us to assess the possibility of building medium-term interstate relations between the Russian Federation and Mexico, considering the predicted victory of the ruling party in the presidential elections in November 2024.","PeriodicalId":31893,"journal":{"name":"Journal of Public Administration Finance and Law","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81451906","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.24833/2073-8420-2023-2-67-37-45
O. Grigorieva, V. Naumkin
Introduction. The integration of the new subjects of the Federation (the federal city of Sevastopol and the Republic of Crimea) into the legal field of Russia was accompanied by an active legislative process at the federal and regional levels, the establishment of sectoral authorities. These processes actively took place in the field of real estate accounting and registration of rights, had both positive and negative characteristics. Their identification, study, analysis of the main trends will optimize the process of state registration of rights in other new subjects of the Federation, will provide maximum guarantees of rights and legitimate interests of real estate owners. Materials and methods. This study is based on: 1) the results of the survey of Crimeans conducted by the authors regarding state registration of real estate rights; 2) analysis of decisions of the Crimean courts on real estate cases; 3) a set of such methods of scientific cognition as: the dialectical method, which allowed to link the theory of civil law and judicial practice; the formal legal method allowed to analyze legislative norms; the systematic method made it possible to consider the institute of state registration of ownership of real estate as a system with internal unity and relationships with other institutions of law. Results of the study. Registration of real estate in the new subjects - the federal city of Sevastopol and the Republic of Crimea, in 2014-2016 had significant features. The formation of sectoral state bodies and legislation was actively underway, which fixed a convenient and low-cost procedure for owners. Thus, the title documents issued in Ukraine were recognized as indefinite, re-registration of ownership of real estate was not required, applicants were exempt from paying state duty. At the same time, at the initial stage, this process took place with certain difficulties, which were associated with the lack of proper sectoral legislation; the legal vacuum that existed in this area (often "lawlessness") at the time of the Ukrainian state; legal illiteracy of the population; the widespread lack of title documents or state registration of rights under the legislation of Ukraine; the need for judicial recognition of property rights, which entailed a huge burden on the courts, which were also in the process of switching to Russian legislation. The process was significantly complicated by the ownership of foreign nationals of numerous real estate objects located on border areas, which is prohibited by Russian legislation. In addition, before the formation of agencies of tutorship and guardianship in the region, state registration of transactions with the property of wards was impossible. There were difficulties with the registration of the rights of heirs. There was no proper accounting and maintenance of archives in the Bureau of Technical Inventory (BTI). Due to the fact that during 2015-2016, the State Registry of Crimea actively built interdepartm
{"title":"Characteristics of State Registration of Rights to Real Estate on the Territory of the Republic of Crimea in 2014-2022","authors":"O. Grigorieva, V. Naumkin","doi":"10.24833/2073-8420-2023-2-67-37-45","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-2-67-37-45","url":null,"abstract":"Introduction. The integration of the new subjects of the Federation (the federal city of Sevastopol and the Republic of Crimea) into the legal field of Russia was accompanied by an active legislative process at the federal and regional levels, the establishment of sectoral authorities. These processes actively took place in the field of real estate accounting and registration of rights, had both positive and negative characteristics. Their identification, study, analysis of the main trends will optimize the process of state registration of rights in other new subjects of the Federation, will provide maximum guarantees of rights and legitimate interests of real estate owners. Materials and methods. This study is based on: 1) the results of the survey of Crimeans conducted by the authors regarding state registration of real estate rights; 2) analysis of decisions of the Crimean courts on real estate cases; 3) a set of such methods of scientific cognition as: the dialectical method, which allowed to link the theory of civil law and judicial practice; the formal legal method allowed to analyze legislative norms; the systematic method made it possible to consider the institute of state registration of ownership of real estate as a system with internal unity and relationships with other institutions of law. Results of the study. Registration of real estate in the new subjects - the federal city of Sevastopol and the Republic of Crimea, in 2014-2016 had significant features. The formation of sectoral state bodies and legislation was actively underway, which fixed a convenient and low-cost procedure for owners. Thus, the title documents issued in Ukraine were recognized as indefinite, re-registration of ownership of real estate was not required, applicants were exempt from paying state duty. At the same time, at the initial stage, this process took place with certain difficulties, which were associated with the lack of proper sectoral legislation; the legal vacuum that existed in this area (often \"lawlessness\") at the time of the Ukrainian state; legal illiteracy of the population; the widespread lack of title documents or state registration of rights under the legislation of Ukraine; the need for judicial recognition of property rights, which entailed a huge burden on the courts, which were also in the process of switching to Russian legislation. The process was significantly complicated by the ownership of foreign nationals of numerous real estate objects located on border areas, which is prohibited by Russian legislation. In addition, before the formation of agencies of tutorship and guardianship in the region, state registration of transactions with the property of wards was impossible. There were difficulties with the registration of the rights of heirs. There was no proper accounting and maintenance of archives in the Bureau of Technical Inventory (BTI). Due to the fact that during 2015-2016, the State Registry of Crimea actively built interdepartm","PeriodicalId":31893,"journal":{"name":"Journal of Public Administration Finance and Law","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74263165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.24833/2073-8420-2023-2-67-24-36
V. V. Pchelintseva
Introduction. The right to choose the state’s cultural system derives from the principle of noninterference in the matters within its domestic jurisdiction. Although the necessity to precise the content of the main principles of international law has been outlined in the Russian international law doctrine, hardly any research focusing on the right to choose cultural system can be found. The research on international law position of the Organization of Islamic Cooperation and its Member States concerning the right to choose the state’s cultural system is lacking despite the fact that historical, cultural and religious particularities of the Member States of the OIC affect the scope of their obligations under international law. Materials and Methods. The research aims to discover the particularities of the exercise of the right to choose cultural system by the Member States of the OIC and their impact on the qualification of matters within domestic jurisdiction of these states. The research includes historical and systemic legal analysis of the principles and norms of general international law concerning the right to choose the state’s cultural system and their application in OIC acts and constitutional law of OIC Member States on the example of the Arab Republic of Egypt, Islamic Republic of Iran, Kingdom of Saudi Arabia and Republic of Iraq. Results. The sovereign and inalienable right to choose the state’s economic, political, social and cultural system was enshrined in universal, regional and bilateral international law acts in the result of codification and progressive development of international law norms in the second half of XXth century. The exercise of this right is limited by the state’s international law obligations. Including provisions on the state’s historical, cultural and religious particularities in the state’s basic law should be considered as a form of exercising its right to choose cultural system. Discussion and Conclusions. If historical, cultural and religious particularities of a state constitute the basis of its state and social system, the legal regulation of these particularities should be considered the matter of its domestic jurisdiction. Thus, such particularities may not be regulated by international law. OIC acts enshrine the limitation of the exercise of the right to choose the state’s cultural system as well as the Member States’ position as regards cases when interference in the exercise of this right is not permissible. The attachment of some OIC Member States to the principles of Islamic Sharia should be considered not only as their historical, cultural and religious particularity but also as a basis of their state and social system, which falls within their domestic jurisdiction.
{"title":"Implementation of the Right to Choose a Cultural System by Islamic States: a Comparative Analysis","authors":"V. V. Pchelintseva","doi":"10.24833/2073-8420-2023-2-67-24-36","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-2-67-24-36","url":null,"abstract":"Introduction. The right to choose the state’s cultural system derives from the principle of noninterference in the matters within its domestic jurisdiction. Although the necessity to precise the content of the main principles of international law has been outlined in the Russian international law doctrine, hardly any research focusing on the right to choose cultural system can be found. The research on international law position of the Organization of Islamic Cooperation and its Member States concerning the right to choose the state’s cultural system is lacking despite the fact that historical, cultural and religious particularities of the Member States of the OIC affect the scope of their obligations under international law. Materials and Methods. The research aims to discover the particularities of the exercise of the right to choose cultural system by the Member States of the OIC and their impact on the qualification of matters within domestic jurisdiction of these states. The research includes historical and systemic legal analysis of the principles and norms of general international law concerning the right to choose the state’s cultural system and their application in OIC acts and constitutional law of OIC Member States on the example of the Arab Republic of Egypt, Islamic Republic of Iran, Kingdom of Saudi Arabia and Republic of Iraq. Results. The sovereign and inalienable right to choose the state’s economic, political, social and cultural system was enshrined in universal, regional and bilateral international law acts in the result of codification and progressive development of international law norms in the second half of XXth century. The exercise of this right is limited by the state’s international law obligations. Including provisions on the state’s historical, cultural and religious particularities in the state’s basic law should be considered as a form of exercising its right to choose cultural system. Discussion and Conclusions. If historical, cultural and religious particularities of a state constitute the basis of its state and social system, the legal regulation of these particularities should be considered the matter of its domestic jurisdiction. Thus, such particularities may not be regulated by international law. OIC acts enshrine the limitation of the exercise of the right to choose the state’s cultural system as well as the Member States’ position as regards cases when interference in the exercise of this right is not permissible. The attachment of some OIC Member States to the principles of Islamic Sharia should be considered not only as their historical, cultural and religious particularity but also as a basis of their state and social system, which falls within their domestic jurisdiction.","PeriodicalId":31893,"journal":{"name":"Journal of Public Administration Finance and Law","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81710578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.24833/2073-8420-2023-2-67-46-53
T. Y. Ampleeva
Introduction. The effectiveness of the functioning of public power largely depends on how its image is actualized in the public consciousness and the legal culture of society. As part of the study of the emerging public power of medieval Russia, one of the basic and, at the same time, difficult to solve problems should be considered the identification of the nature of the Old Russian public power. The researcher has to take into account not only the fact that the Old Russian society has not become a subject of a single legal process, but also the discreteness of its legal space. Territorial disunity, preservation of traditional normative attitudes in society, their complex combination with legal innovations during the IX-XII centuries actively influenced the process of formation of the Old Russian legal culture. Materials and methods. In addition to documentary monuments, the works of ancient Russian literature of various genres - from epics to hagiographic works of the IX-XII centuries - have been studied. In this study, general scientific and private scientific methods of cognition were used. At the same time, the comprehension of the concept of princely power as state power in the Old Russian cultural tradition presupposes a qualitative analysis of its formation. To determine the nature of princely power in the process of formation of ancient Russian statehood, the method of reconstruction of conventional models of ancient Russian legal culture was used, as well as a genetic method that allows us to consider the process of formation of public power in Ancient Russia in dynamics. The results of the study. The conducted research gives every reason to believe that the conceptualization of princely power in the consciousness of ancient Russian society begins from the moment of its formation. The analysis of chronicle texts has shown that the phenomenon of power is reflected initially in everyday consciousness, gradually moving from reflecting reality to constructing the imageconcept of power. The process of statehood formation is reflected in the etiological myths about the origin of the founder of the state or the dynasty of rulers. This process was most fully reflected in the text of the "Legend of the Vocation of the Varangians", preserved in various editions of the Tale of Bygone Years, the author of which justified in detail the contractual basis of the princely power of the first Rurikovich. Discussion and conclusion. The use of semantic resources of the ordinary Old Russian language, most vividly reflected in the epic epic, allows us to reveal the reflection of the existence of power at the level of everyday consciousness. The historicism of epics is clearly manifested in the selection of sung events, in the popular assessment of these events and actors. For the chronicler of the XII century, it was important to emphasize that the transfer of supreme power takes place according to a contract ("in a row"), which establishes the duty of the i
{"title":"The Legal Nature of Princely Power in Ancient Russia","authors":"T. Y. Ampleeva","doi":"10.24833/2073-8420-2023-2-67-46-53","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-2-67-46-53","url":null,"abstract":"Introduction. The effectiveness of the functioning of public power largely depends on how its image is actualized in the public consciousness and the legal culture of society. As part of the study of the emerging public power of medieval Russia, one of the basic and, at the same time, difficult to solve problems should be considered the identification of the nature of the Old Russian public power. The researcher has to take into account not only the fact that the Old Russian society has not become a subject of a single legal process, but also the discreteness of its legal space. Territorial disunity, preservation of traditional normative attitudes in society, their complex combination with legal innovations during the IX-XII centuries actively influenced the process of formation of the Old Russian legal culture. Materials and methods. In addition to documentary monuments, the works of ancient Russian literature of various genres - from epics to hagiographic works of the IX-XII centuries - have been studied. In this study, general scientific and private scientific methods of cognition were used. At the same time, the comprehension of the concept of princely power as state power in the Old Russian cultural tradition presupposes a qualitative analysis of its formation. To determine the nature of princely power in the process of formation of ancient Russian statehood, the method of reconstruction of conventional models of ancient Russian legal culture was used, as well as a genetic method that allows us to consider the process of formation of public power in Ancient Russia in dynamics. The results of the study. The conducted research gives every reason to believe that the conceptualization of princely power in the consciousness of ancient Russian society begins from the moment of its formation. The analysis of chronicle texts has shown that the phenomenon of power is reflected initially in everyday consciousness, gradually moving from reflecting reality to constructing the imageconcept of power. The process of statehood formation is reflected in the etiological myths about the origin of the founder of the state or the dynasty of rulers. This process was most fully reflected in the text of the \"Legend of the Vocation of the Varangians\", preserved in various editions of the Tale of Bygone Years, the author of which justified in detail the contractual basis of the princely power of the first Rurikovich. Discussion and conclusion. The use of semantic resources of the ordinary Old Russian language, most vividly reflected in the epic epic, allows us to reveal the reflection of the existence of power at the level of everyday consciousness. The historicism of epics is clearly manifested in the selection of sung events, in the popular assessment of these events and actors. For the chronicler of the XII century, it was important to emphasize that the transfer of supreme power takes place according to a contract (\"in a row\"), which establishes the duty of the i","PeriodicalId":31893,"journal":{"name":"Journal of Public Administration Finance and Law","volume":"30 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90530638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.24833/2073-8420-2023-1-66-46-53
O. Grigorieva, A. Chasovskoi
Introduction. Oil fields in the Republic of Iraq have traditionally been the subject to intense scrutiny of international fuel and energy companies. Iraq is one of the world leaders in terms of oil reserves. According to the Organization of Petroleum ExportingCountries (OPEC), Iraq ranks 4th in 2021 (145,019 million barrels). Russian oil companies are firmly expanding their presence in the Iraqi oil fields. In condition of unprecedented sanctions against Russia from the collective West, our country has to look for ways to ensure its energy sovereignty. Oil development in Iraq can be an effective way for Russian companies to achieve their potential. This article examines the prospects for increasing the reach of Russian oil companies in the oil fields of Iraq taking into account the current geopolitical situation, and the global agenda includes the opportunity for Russia to promote interests both in the Middle East and beyond.Materials and methods. In this study, general and particular scientific methods are applied. The genetic method should be highlighted, as it allowed to trace the process of formation and development of the Russian-Iraqi interaction, and to draw conclusion on the prospects for its expansion. The study also analyzes the international legal framework of Russian-Iraqi cooperation, oil production statistics in Iraq, materials published in the media, official statements by the Russian and Iraqi authorities.The results of the study. The conducted research allowed to substantiate the conclusion that Iraq is the most promising area for extending the activities of Russian oil companies. Nowadays, Russia and Iraq are following the path of multifaceted cooperation, including the economic sphere. Also, the prerequisites that favor joint activities of Russia and Iraq in the fuel and energy field are the proximity of the countries in the scientific and technical sphere, the extreme economic feasibility of increasing the volume of joint economic operations and the compliance of Russian-Iraqi collaboration with the national interests of both states.Discussion and conclusions. Partnership with the Republic of Iraq is of strategic importance for Russia in the Middle East. This is almost a win-win direction of foreign economic activity, since it brings mutual political and economic benefits. Iraq may become a new springboard for the penetration of Russian business deep into the Middle East region. It is necessary to further develop this course in order to adapt Russian politics and economy to the new realities of the international geopolitical situation.
{"title":"Russian Corporations Implementation of State Policy in Cooperation with Republic of Iraq (Field Development Example)","authors":"O. Grigorieva, A. Chasovskoi","doi":"10.24833/2073-8420-2023-1-66-46-53","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-1-66-46-53","url":null,"abstract":"Introduction. Oil fields in the Republic of Iraq have traditionally been the subject to intense scrutiny of international fuel and energy companies. Iraq is one of the world leaders in terms of oil reserves. According to the Organization of Petroleum ExportingCountries (OPEC), Iraq ranks 4th in 2021 (145,019 million barrels). Russian oil companies are firmly expanding their presence in the Iraqi oil fields. In condition of unprecedented sanctions against Russia from the collective West, our country has to look for ways to ensure its energy sovereignty. Oil development in Iraq can be an effective way for Russian companies to achieve their potential. This article examines the prospects for increasing the reach of Russian oil companies in the oil fields of Iraq taking into account the current geopolitical situation, and the global agenda includes the opportunity for Russia to promote interests both in the Middle East and beyond.Materials and methods. In this study, general and particular scientific methods are applied. The genetic method should be highlighted, as it allowed to trace the process of formation and development of the Russian-Iraqi interaction, and to draw conclusion on the prospects for its expansion. The study also analyzes the international legal framework of Russian-Iraqi cooperation, oil production statistics in Iraq, materials published in the media, official statements by the Russian and Iraqi authorities.The results of the study. The conducted research allowed to substantiate the conclusion that Iraq is the most promising area for extending the activities of Russian oil companies. Nowadays, Russia and Iraq are following the path of multifaceted cooperation, including the economic sphere. Also, the prerequisites that favor joint activities of Russia and Iraq in the fuel and energy field are the proximity of the countries in the scientific and technical sphere, the extreme economic feasibility of increasing the volume of joint economic operations and the compliance of Russian-Iraqi collaboration with the national interests of both states.Discussion and conclusions. Partnership with the Republic of Iraq is of strategic importance for Russia in the Middle East. This is almost a win-win direction of foreign economic activity, since it brings mutual political and economic benefits. Iraq may become a new springboard for the penetration of Russian business deep into the Middle East region. It is necessary to further develop this course in order to adapt Russian politics and economy to the new realities of the international geopolitical situation. ","PeriodicalId":31893,"journal":{"name":"Journal of Public Administration Finance and Law","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75416289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-28DOI: 10.24833/2073-8420-2023-1-66-23-30
L. S. Chernova
Introduction. This article analyzes the modern concepts of coercion in the theory of law. The impact on the understanding of coercion was provided through political and legal views on the essence of the state and law. In the libertarian understanding, law is an institution within which coercion ensures freedom, and is also able to protect freedom from violations of it. In the libertarian concept, law is understood as the formal equality of free individuals and is presented as a universal form of people's freedom. And, from a psychological point of view, Hale's concept of coercion is defined as a mechanism for artifi- cially restricting choice options in order to force the chooser to make certain and undesirable choices.Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes in the theory of law and comparative law.Research results. As a result, state coercion is defined as a mechanism that puts a person in front of the need to choose, where each of the alternatives is not favourable from the point of view of the goals and interests of the person making the choice.Discussion and conclusion. It has been established that the phenomenon of state coercion in modern discourse is considered in comparison with freedom. Attention is paid to the concepts of coercion by V.A. Chetvernin, as well as by A.S. Puchnin. In addition, the article attempts to apply the views of R. Hale to the analysis of state coercion.
{"title":"Modern Concepts of Coercion in the Theory of Law","authors":"L. S. Chernova","doi":"10.24833/2073-8420-2023-1-66-23-30","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-1-66-23-30","url":null,"abstract":"Introduction. This article analyzes the modern concepts of coercion in the theory of law. The impact on the understanding of coercion was provided through political and legal views on the essence of the state and law. In the libertarian understanding, law is an institution within which coercion ensures freedom, and is also able to protect freedom from violations of it. In the libertarian concept, law is understood as the formal equality of free individuals and is presented as a universal form of people's freedom. And, from a psychological point of view, Hale's concept of coercion is defined as a mechanism for artifi- cially restricting choice options in order to force the chooser to make certain and undesirable choices.Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes in the theory of law and comparative law.Research results. As a result, state coercion is defined as a mechanism that puts a person in front of the need to choose, where each of the alternatives is not favourable from the point of view of the goals and interests of the person making the choice.Discussion and conclusion. It has been established that the phenomenon of state coercion in modern discourse is considered in comparison with freedom. Attention is paid to the concepts of coercion by V.A. Chetvernin, as well as by A.S. Puchnin. In addition, the article attempts to apply the views of R. Hale to the analysis of state coercion. ","PeriodicalId":31893,"journal":{"name":"Journal of Public Administration Finance and Law","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78138949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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