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Improving the constitutional and legal policy of the Russian Federation in the field of regulating the educational activities of universities in the context of globalization and regionalization 在全球化和区域化的背景下,改进俄罗斯联邦在规范大学教育活动方面的宪法和法律政策
Pub Date : 2023-01-01 DOI: 10.31857/s102694520027231-5
Veronika S. Khizhnyak
In the article discusses the features of the educational activities of higher educational institutions in Russia in the context of globalization and regionalization. The features of improving the constitutional and legal policy of the Russian Federation in the field of educational activities of universities at the present stage are analyzed. Relevance of the study is justified by the fact that the improving the constitutional and legal policy in this area is the key not only to economic stability, but will also contribute to the solution of political issues. The purpose of this study is to develop, based on an analysis of the provisions of the Constitution of the Russian Federation, universal and regional international agreements, legal acts, foreign experience, the works of legal scholars, economists and sociologists, proposals for improving the constitutional and legal policy in the field of educational activities of universities, taking into account modern tendencies of globalization, regionalization and the need to preserve and develop Russian culture and traditions. As a result of the study, the main trends in the field of higher education were identified, both at the global and regional levels. The experience of the People’s Republic of China on the development of higher education, corresponding to the trends of modern world and regional processes and the goal of preserving national traditions and culture, was analyzed, its features and positive features that could be borrowed by the Russian Federation were identified. Proposals were developed to improve Russian legislation and create strategic documents in this area. In particular, the goals and principles of the concept of the development of higher education in Russia were formulated. The main directions of development of the constitutional and legal policy of the Russian Federation in the field of educational activities of universities are identified: improving the quality of education, their competitiveness in foreign markets, the adequacy of education to modern socio-economic and cultural conditions.
本文论述了全球化和区域化背景下俄罗斯高校教育活动的特点。分析了现阶段俄罗斯联邦在高校教育活动领域完善宪法法律政策的特点。这项研究的相关性是合理的,因为改善这一领域的宪法和法律政策不仅是经济稳定的关键,而且也将有助于解决政治问题。这项研究的目的是在分析俄罗斯联邦宪法条款、普遍和区域国际协定、法律行为、外国经验、法律学者、经济学家和社会学家的著作的基础上,提出关于改进大学教育活动领域的宪法和法律政策的建议,同时考虑到全球化的现代趋势。区域化以及保护和发展俄罗斯文化和传统的必要性。根据这项研究,在全球和区域两级确定了高等教育领域的主要趋势。分析了中华人民共和国在符合现代世界和区域进程趋势以及维护民族传统和文化目标的高等教育发展方面的经验,确定了其特点和俄罗斯联邦可以借鉴的积极特点。提出了改进俄罗斯立法和制定这方面战略文件的建议。特别是,制定了俄罗斯高等教育发展理念的目标和原则。确定了俄罗斯联邦在大学教育活动领域的宪法和法律政策发展的主要方向:提高教育质量,提高其在国外市场上的竞争力,使教育充分适应现代社会经济和文化条件。
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引用次数: 0
Counteraction to illegal participation in voting: criminal and administrative responsibility 对非法参与投票的对策:刑事和行政责任
Pub Date : 2023-01-01 DOI: 10.31857/s102694520027229-2
Natalia Yu. Turischeva
The article presents an analysis of new forms of organization of voting, which act as an effective tool for preventing violations of electoral rights. The change in the list of voting forms has raised to a new level the legal significance of such necessary electoral actions as the issuance by a member of the election commission and the receipt by the voter of a ballot. The introduction of innovations required the legislator to establish additional measures of administrative and criminal liability. The new compositions are formulated based on the electoral status of the citizen who receives the ballot illegally; as a mandatory feature of the subjective side is the purpose of the crime and offense. Based on the analysis of the current legislation, the author makes proposals aimed at improving the practice of its application.
本文分析了新的选举组织形式,它是防止侵犯选举权的有效工具。投票表格清单的改变使选举委员会成员发出选票和选民收到选票等必要的选举行动的法律意义提高到一个新的水平。创新的引入要求立法者制定额外的行政和刑事责任措施。根据非法接受选票的公民的选举身份,制定新的选举构成;主体性方面的强制性特征是犯罪的目的性和违犯性。在对现行立法进行分析的基础上,提出了完善其适用实践的建议。
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引用次数: 0
Development of the doctrine of Russian Information Law in the context of the transition to a data economy 在向数据经济过渡的背景下,俄罗斯信息法学说的发展
Pub Date : 2023-01-01 DOI: 10.31857/s102694520027660-7
Tatiana A. Polyakova
The authors of the article analyze the peculiarities of the development of society and the state in the conditions of transition to a new national development project – the data economy, as well as related modern trends in the development of Information Law. The data economy focuses primarily on a practice-oriented approach to the active implementation of domestic developments and the formation of technological sovereignty. The development of such a mechanism should be carried out on the basis of flexible regulation and support of production. As in the digital economy, the flexible regulation approach seems to be a priority in the data economy. But in order to achieve the desired result as quickly as possible, the task is to find new methods and approaches. In this regard, a flexible approach to regulation should be associated with the possibility of creating models for maximum resolution of the introduction and use of technologies with a strictly formally defined system of risks, for the occurrence of which there may be adverse consequences or certain corrective actions under the control of the state. In the article, the authors analyze how methods and approaches to regulating relations in the data economy should change. Awareness of the risks and threats emanating from artificial intelligence determines the question of the development and adoption of special legislation on artificial intelligence, which should be based on the basic federal law on artificial intelligence. The paper presents the arguments “for” and “against” such an act, its content, analyzes approaches to the regulation of individual issues. The problems of legal regulation of metaverses as a space for the development of the data economy are analyzed. It is concluded that a number of problems and risks that we have to face today in the formation of social relations in the metaverse, necessitate the legal regulation of these relations and the development of an integral system of legal norms, including at the level of strategic planning acts. The question of the expediency of using foreign experience in developing a Digital Code (on the example of the Kyrgyz Republic) is considered. In conclusion, the article analyzes the main problems that were discussed at scientific events on the problems of Information Law, including the Sixth Bachilov Readings held in 2023 at the Institute of State and Law of the Russian Academy of Sciences.
本文分析了在向数据经济这一新的国家发展项目过渡的条件下,社会和国家发展的特点,以及信息法发展的相关现代趋势。数据经济主要侧重于以实践为导向的方法,积极实施国内发展和形成技术主权。这种机制的发展应在灵活调节和支持生产的基础上进行。与数字经济一样,在数据经济中,灵活的监管方式似乎是一个优先事项。但为了尽快达到预期的效果,任务是寻找新的方法和途径。在这方面,灵活的管理办法应与创造模式的可能性相联系,以便最大限度地解决引进和使用具有严格正式定义的风险系统的技术的问题,如果发生这种情况,可能会产生不利后果或在国家控制下采取某些纠正行动。在本文中,作者分析了数据经济中调节关系的方法和途径应该如何改变。对人工智能带来的风险和威胁的认识决定了制定和通过关于人工智能的专门立法的问题,这些立法应以关于人工智能的联邦基本法律为基础。本文提出了“赞成”和“反对”这一行为的论点,其内容,分析了个别问题的监管方法。分析了作为数据经济发展空间的元数据的法律规制问题。结论是,我们今天在形成社会关系的过程中必须面对的一些问题和风险,需要对这些关系进行法律规范,并制定一套完整的法律规范体系,包括在战略规划行为层面。委员会审议了在制定数字代码时利用外国经验是否方便的问题(以吉尔吉斯共和国为例)。最后,本文分析了在关于信息法问题的科学活动中讨论的主要问题,包括2023年在俄罗斯科学院国家和法律研究所举行的第六次巴基洛夫读书会。
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引用次数: 0
The level of the World Ocean and International Law 世界海洋与国际法的水平
Pub Date : 2023-01-01 DOI: 10.31857/s102694520027738-2
Galina G. Shinkaretskaya
As a result of the work of the Third UN Conference on the Law of the Sea, which adopted the UN Convention on the Law of the Sea, a single international legal order was established in the oceans covering 2/3 of our planet and approved by virtually all States. An important part of it is the procedure for allocating from the common space of the World Ocean part of the waters and the bottom, lawfully subject to the jurisdiction of coastal States. With the warming of the climate on Earth, the water level of the World's oceans began to rise, and the established limits of the zones of jurisdiction are violated. Currently, two ideas have been formed for determining the limits of national jurisdiction: to fix the baseline for measuring zones of jurisdiction; to establish a fixed external limit of such zones. The UN Convention on the Law of the Sea is universally recognized and is not disputed by anyone.
第三次联合国海洋法会议通过了《联合国海洋法公约》,在覆盖地球三分之二的海洋中建立了统一的国际法律秩序,并得到了几乎所有国家的批准。它的一个重要部分是从世界海洋的共同空间中分配受沿海国合法管辖的部分水域和海底的程序。随着地球气候的变暖,世界海洋的水位开始上升,既定的管辖区域界限受到了侵犯。目前,在确定国家管辖范围方面形成了两种想法:确定衡量管辖区域的基线;为这些区域建立一个固定的外部界限。《联合国海洋法公约》是公认的,没有任何争议。
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引用次数: 0
So what is the form of government in Russia? Part 2 那么俄罗斯的政府形式是什么呢?第2部分
Pub Date : 2023-01-01 DOI: 10.31857/s102694520027736-0
Dmitry A. Avdeev
In the article, the author continues to study the features of the domestic form of government, dwelling on the content of the principle of separation of powers and its implementation in the public administration system of the Russian Federation. An analysis of the evolutionary development of the domestic form of government made it possible to identify the essential features and characteristic properties of the Russian system of public authority. Having considered the constitutional and legal status of the highest bodies of state power and administration - President of the Russian Federation, Government of the Russian Federation, Federal Assembly of the Russian Federation and Constitutional Court of the Russian Federation, as well as their functioning and interaction with each other in the light of the constitutional amendments of 2020, the author substantiates the model of the form of state government that has developed in the Russian Federation, which he proposes to call as constitutional monocracy.
在本文中,作者继续研究了国内政府形式的特点,探讨了三权分立原则的内容及其在俄罗斯联邦公共行政体制中的实施。通过对国内政府形式演变发展的分析,可以识别出俄罗斯公共权力体系的基本特征和特征属性。审议了最高国家权力和行政机关——俄罗斯联邦总统、俄罗斯联邦政府、俄罗斯联邦联邦会议和俄罗斯联邦宪法法院的宪法和法律地位,以及它们根据2020年宪法修正案的职能和相互作用,作者论证了在俄罗斯联邦发展起来的国家政府形式模式,他建议将其称为君主立宪制。
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引用次数: 0
Labor Law of the Republic of Kazakhstan: in 3 vols. Vol. 1. General part: textbook 哈萨克斯坦共和国劳动法:分3卷。卷。1。总则部分:教科书
Pub Date : 2023-01-01 DOI: 10.31857/s102694520026737-1
Kirill L. Tomashevski
The review presents an analysis of volume 1 of the three-volume textbook of the Kazakh researcher M.H. Khassenov “Labor law of the Republic of Kazakhstan”. This educational publication is innovative, deviates from the generally accepted canons of classical textbooks in that it contains very extensive additional information on dissertations on the General part of Labor Law defended in the Republic of Kazakhstan and in the Russian Federation, as well as examples from the judicial practice of the Republic of Kazakhstan on labor disputes, statistical and reference materials. The opinions of legal scholars from both Western Europe and the EAEU states are presented, attention is drawn to the existing problems in the labor legislation of the Republic of Kazakhstan.
本评论对哈萨克研究员M.H.哈塞诺夫的三卷本教科书《哈萨克斯坦共和国劳动法》的第一卷进行了分析。这一教育出版物具有创新性,偏离了普遍接受的经典教科书的标准,因为它载有关于在哈萨克斯坦共和国和俄罗斯联邦捍卫的《劳动法》一般部分的论文的非常广泛的补充资料,以及哈萨克斯坦共和国关于劳资纠纷的司法实践的例子、统计和参考材料。介绍了西欧和欧亚经济联盟国家法律学者的观点,并对哈萨克斯坦共和国劳动立法中存在的问题进行了关注。
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引用次数: 0
Features of the regulatory regulation of the implementation of the right of citizens to appeal in foreign countries (comparative legal research) 国外公民上诉权实施的规制特点(比较法学研究)
Pub Date : 2023-01-01 DOI: 10.31857/s102694520026904-5
Stanislav P. Stepkin
In the article, the author conducted a comparative analysis between the legislative approaches of various states on the functioning and development of the institution of citizens’ appeals. According to the results of the study, conclusions were drawn about some differences and similarities of regulatory prescriptions that regulate the procedure for the exercise of citizens’ rights to appeal. The weak and strong aspects of the implementation of the affected right are noted, taking into account the various ways of transferring the appeal from the applicant to the object of its receipt. Separately, touches on the issue of such a concept as “petition”, describes its properties and features of submission, as well as the legislative norms of its use in the context of building a model of interaction between a citizen and the state (public authorities). The author formulated specific proposals to amend Article 33 of the Constitution of the Russian Federation and the Federal Law “On the procedure for considering appeals of citizens of the Russian Federation”.
在这篇文章中,笔者对各国关于公民申诉制度的功能和发展的立法途径进行了比较分析。根据研究结果,得出了规范公民申诉权利行使程序的规范性规定的一些异同。考虑到将上诉从申请人转移到接受上诉的对象的各种方式,委员会注意到受影响权利的执行的强弱方面。另外,还涉及到“请愿”这一概念的问题,描述了请愿的属性和提交特征,以及在构建公民与国家(公共当局)互动模式的背景下使用请愿的立法规范。发件人提出了修改《俄罗斯联邦宪法》第33条和“关于审议俄罗斯联邦公民上诉程序”的联邦法律的具体建议。
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引用次数: 0
Etiology of individual criminal behavior: looking at the problem from a different angle 个人犯罪行为的病因学:从不同角度看问题
Pub Date : 2023-01-01 DOI: 10.31857/s102694520027657-3
Ilgam M. Ragimov
Based on an interdisciplinary approach, the article analyzes the content and internal logic of the traditional question for criminology and sociology: “Why do some commit a crime, while others do not?” According to the authors, in the formulation of this phraseological unit, a methodological error was initially made, because it misrepresents the original message (“why do some people commit a crime”), which led to a false conclusion (“and others do not”). Thus, the historical reconstruction in the area under consideration shows that in the entire history of civilization there has not been a person (with the exception of the incapacitated and those suffering from criminophobia) who would not commit a crime at least once in his life. Therefore, it is proposed put this question differently: “Why do some, having committed a crime, bear criminal responsibility, while others remain unpunished?” Based on this reality, the article puts forward a hypothesis according to which delinquent behavior of a person (including criminal), as well as some genetic diseases, is an immanent property of his being, which was originally embedded in the DNA matrix of all without exception. people from the moment of their conception. This genetically predetermined program is activated in adolescence (12-15 years, sometimes even earlier) and retains its aggressiveness until a person reaches 50 years of age, after which its dynamics become weaker every year.
基于跨学科的研究方法,本文分析了犯罪学和社会学的传统问题“为什么有些人犯罪而有些人不犯罪”的内容和内在逻辑。据作者说,在制定这个用语单位时,最初犯了一个方法上的错误,因为它歪曲了原来的信息(“为什么有些人犯罪”),从而得出了错误的结论(“而其他人没有”)。因此,审议中的地区的历史重建表明,在整个文明史上,没有一个人(除了丧失行为能力和患有犯罪恐惧症的人)一生中至少不犯罪一次。因此,有人建议换一种方式提出这个问题:“为什么有些人犯了罪,要承担刑事责任,而另一些人却逍遥法外?”基于这一现实,本文提出了一个假设,即一个人(包括罪犯)的不良行为,以及一些遗传疾病,是他存在的一种内在属性,这种属性本来就嵌入在所有人的DNA矩阵中,无一例外。人从受孕的那一刻起。这个由基因决定的程序在青春期(12-15岁,有时甚至更早)被激活,并保持其攻击性,直到一个人50岁,之后它的动力每年都变弱。
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引用次数: 0
Peculiarities of legal regulation of the labor of employees’ labor in the introduction of special measures in the economic sphere 法律规制劳动者劳动的特殊性,在经济领域对职工劳动采取特殊措施
Pub Date : 2023-01-01 DOI: 10.31857/s102694520027739-3
Sergey Yu. Chucha
The problems of differentiation are considered of labor relations in the context of the transformation of the labor sphere are considered. Based on the analysis of the process of legislative activity, a new basis for the differentiation of labor relations is identified, associated with the introduction of special measures in the sphere of the economy by the Government of the Russian Federation. The application of a differentiated approach in relation to individual enterprises or production facilities is considered. The article analyzes changes in the legislation on defense and the labor, undertaken in order to ensure the conduct of counter-terrorist and other operations by the Armed Forces of the Russian Federation, other troops, military formations and bodies outside the territory of the Russian Federation, providing for the adoption by the Government of the Russian Federation of a decision on the introduction of special measures in the economic sphere. Particular attention is paid to the issues of special measures in the sphere of the economy, according to which the Government of the Russian Federation can establish features of the legal regulation of labor relations. The powers of the Government of the Russian Federation to participate in labor relations with the introduction of special measures in the economic sphere are analyzed.
在劳动领域转型的背景下,考虑了劳动关系的分化问题。根据对立法活动过程的分析,确定了区分劳动关系的新基础,并与俄罗斯联邦政府在经济领域采取的特别措施相联系。考虑对个别企业或生产设施采取区别对待的办法。该条款分析了国防和劳动立法的变化,这些变化是为了确保俄罗斯联邦武装部队、俄罗斯联邦境外的其他部队、军事编制和机构进行反恐和其他行动,并规定俄罗斯联邦政府通过一项关于在经济领域采取特别措施的决定。特别注意经济领域的特别措施问题,俄罗斯联邦政府可以根据这些措施确定劳动关系法律规定的特点。分析了俄罗斯联邦政府在经济领域采取特别措施参与劳资关系的权力。
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引用次数: 0
So what is the form of government in Russia? Part 1 那么俄罗斯的政府形式是什么呢?第1部分
Pub Date : 2023-01-01 DOI: 10.31857/s102694520027264-1
Dmitry A. Avdeev
The article draws attention to the fact that in legal science there is no consensus on the answer to the question - to what kind should the domestic form of government be attributed. Analyzing the constitutional provisions, as well as exploring the features of the organization and activities of the highest state authorities, scientists come to various conclusions. The presence of modified signs of various types of forms of government in the domestic system of higher authorities and management is one of the reasons for the diversity of approaches to characterizing the form of government in the Russian Federation. On the one hand, such a symbiosis of ways of organization and interaction of the highest authorities and management allows us to speak about the synthesis of the model of the form of government of Russia, on the other hand, that the existing criteria (grounds) for the classification of forms of republican government need to be revised due to the fact that they do not meet the modern level of development (i.e. archaic) statehood and do not allow to properly identify the forms of government of states, including the Russian Federation.
文章指出,对于国内的政府形式应归于何种形式这一问题,法学界并没有统一的答案。通过对宪法规定的分析,以及对国家最高权力机构的组织和活动特点的探索,科学家们得出了各种结论。在国内的高级当局和管理系统中存在着各种类型的政府形式的修改迹象,这是俄罗斯联邦政府形式特征的不同方法的原因之一。一方面,这种组织方式的共生以及最高当局和管理层之间的互动使我们能够谈论俄罗斯政府形式模式的综合,另一方面,共和政府形式分类的现有标准(依据)需要修改,因为它们不符合现代发展水平(即过时的)国家地位,并且不允许正确识别国家的政府形式,包括俄罗斯联邦。
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引用次数: 0
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