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The Principle of Constitutional Identity and Individual Rights: In Search of the Golden Ratio 宪法认同原则与个人权利:寻找黄金比例
Pub Date : 2021-12-30 DOI: 10.17150/2411-6262.2021.12(4).30
A. Ruzina
The phenomenon of the constitutional identity of the Russian state in the context of conventional and constitutional conflicts is currently acquiring a special meaning. The need to protect state sovereignty, upholding the traditional model of relations between the individual, society and the state are the urgent tasks facing the Russian Federation being the main focus of the constitutional reform of 2020. In this context, the purpose of the study was the legal analysis of the constitutional identity of the Russian state as a frontier of compromise between the European and national systems of protection of individual rights and freedoms. Disregard for the constitutional identity of the state may lead to its "erosion" and the adverse impact of internationalisation on the foundations of the constitutional order. Guided by the principle of constitutional identity, a state can arrive at the best and legitimate solution in a particular case, which would not contradict national law, but at the same time would not ignore the norms of international treaties. The application of both general scientific and special methods of cognition, the formal-legal method and the method of legal modelling, made it possible to see in the constitutional identity not only the boundary of compromises in Russia's relations with inter-state bodies, but also the distinctiveness of constitutional processes. The conducted analysis of the domestic legal acts led to the conclusion that the principle of constitutional identity is an inviolable foundation of the constitutional state and its model of ensuring the individual rights and freedoms in the traditional system of values.The indicators and trends of crime for the period from 1991 to 2020 are given.
在传统冲突和宪法冲突的背景下,俄罗斯国家的宪法认同现象目前正在获得一种特殊的意义。维护国家主权,维护个人、社会和国家关系的传统模式,是俄罗斯联邦面临的紧迫任务,也是2020年宪法改革的主要焦点。在这方面,这项研究的目的是对俄罗斯国家作为欧洲和国家保护个人权利和自由制度之间妥协的边界的宪法特性进行法律分析。无视国家的宪法认同可能导致其“侵蚀”,以及国际化对宪法秩序基础的不利影响。在宪法同一性原则的指导下,一个国家可以在特定情况下达成最佳和合法的解决方案,这种解决方案不会与国内法相抵触,但同时也不会忽视国际条约的准则。运用一般的科学和特殊的认识方法,即形式法方法和法律建模方法,不仅可以在宪法认同中看到俄罗斯与国家间机构关系中的妥协边界,而且可以看到宪法过程的独特性。通过对国内法律行为的分析,得出宪法认同原则是宪政国家不可侵犯的基础,是传统价值体系中保障个人权利和自由的模式。给出了1991年至2020年期间的犯罪指标和趋势。
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引用次数: 0
Volunteering as a Predictor of Social Solidarity 志愿服务作为社会团结的预测指标
Pub Date : 2021-12-30 DOI: 10.17150/2411-6262.2021.12(4).18
Ye.A. Serova, G. Shamatonova
The relevance of the topic of the article is due to the widespread volunteering of representatives of various age groups. Volunteering allows a person to combine the satisfaction of personal needs with the needs of the society. The purpose of this research is to study the relationship between volunteerism and social solidarity in the Russian society by the example of studying the motives of a volunteer activity among the population of Yaroslavl region. The realization of the research goal is intended to contribute to a new understanding of the motives of a volunteer activity in the context of the development of social solidarity of citizens of the modern Russian society. The object of the study was people engaged in volunteer activities. The study involved 420 respondents aged 14 to 67 years. The hypothesis of the research is that volunteering is important for our modern society, since it is a predictor of the development of social solidarity, mutual assistance and cooperation. The study was conducted by the personal interview method. The survey was based on a zoned quota sample, represented in accordance with the gender, age and educational structure of the population of Yaroslavl (n = 420 people). The research showed that volunteer activities are more determined by the motives of socially approved behavior. The participation of people in socially useful activities as volunteers is mainly determined by the influence of family values and the values of the immediate environment. The motives for choosing and engaging in a volunteer activity, which is a predictor of social solidarity, are associated with a person's desire to be a part of a group, a membership in which is due to common interests and similar views on life and difficult life situations.
文章主题的相关性是由于各个年龄组的代表广泛的志愿服务。志愿服务使一个人能够把个人需要的满足与社会需要结合起来。本研究的目的是通过研究雅罗斯拉夫尔地区人口中志愿活动的动机为例,研究俄罗斯社会志愿服务与社会团结之间的关系。研究目标的实现旨在有助于在现代俄罗斯社会公民社会团结发展的背景下对志愿者活动的动机进行新的理解。这项研究的对象是从事志愿者活动的人。这项研究涉及420名年龄在14岁到67岁之间的受访者。这项研究的假设是,志愿服务对我们的现代社会很重要,因为它预示着社会团结、互助和合作的发展。本研究采用个人访谈法进行。调查是根据雅罗斯拉夫尔人口的性别、年龄和教育结构划分的配额样本(n = 420人)进行的。研究表明,志愿者活动更多地取决于社会认可行为的动机。人们作为志愿者参与对社会有益的活动主要是由家庭价值观和直接环境价值观的影响决定的。选择和参与志愿者活动的动机是社会团结的一个预测指标,它与一个人成为一个群体的一部分的愿望有关,这个群体的成员是由于共同的兴趣和对生活和困难处境的相似看法。
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引用次数: 0
Problems of Detection and Investigation of Tax Crimes in the Timber Industry of the Irkutsk Region 伊尔库茨克地区木材行业税务犯罪侦查问题
Pub Date : 2021-12-30 DOI: 10.17150/2411-6262.2021.12(4).28
Anastasija Kolukanova, Vadim Kulakov, D. Nikerov
The article considers the activity of the enterprises of the timber industry of the region. The volume of timber exports, tax burden, tax revenues to the budget of the Irkutsk region and to the consolidated budget of the Russian Federation, registered tax crimes, amounts of material damage caused are analyzed. The applicable tax avoidance schemes are presented, as well as schemes aimed at illegal reimbursement of value added tax from the budget. Problematic issues are highlighted in terms of information interaction between law enforcement and tax authorities in order to identify tax crimes, as well as in conducting joint control and verification activities, and ways are proposed to solve these problems. The peculiarities of conducting the main investigative actions necessary for successful solving of tax crimes in the timber industry are considered. The issue of factors affecting the time period from the identification of a tax crime to the conviction is raised, as well as the disproportions of the penalties applied to the committed acts. Emphasis is placed on the need for legal and regulatory improvements, as well as the use of proposed measures in modern investigative practice.
文章考虑了该地区木材工业企业的活动情况。分析了木材出口量、税收负担、伊尔库茨克地区预算和俄罗斯联邦综合预算的税收收入、登记的税务犯罪、造成的物质损失数额。提出了适用的避税计划,以及旨在从预算中非法报销增值税的计划。强调了执法机关和税务机关在识别税务犯罪方面的信息互动,以及在开展联合控制和核查活动方面存在的问题,并提出了解决这些问题的方法。审议了成功解决木材工业税务犯罪所必需的主要调查行动的特点。提出了影响从确定税务犯罪到定罪这段时间的因素的问题,以及对所犯行为所适用的处罚的不相称问题。重点是需要改进法律和规章制度,以及在现代调查实践中使用拟议的措施。
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引用次数: 0
Energy Inflow into the Magnetosphere and Its Distribution During Magnetic Storm 磁暴期间磁层能量流入及其分布
Pub Date : 2021-12-30 DOI: 10.17150/2411-6262.2021.12(4).9
V. Degtyarev, G. Popov, S. Chudnenko
The energy inflow from the solar wind into the magnetosphere and its dissipation in the circular current and auroral ionosphere during maximums of magnetic storm intensity are considered. All magnetic storms with Dst intensities from –18 nT to –422 nT for the period from 1996 to 2014 were divided into groups. For each group, the mean contribution of energy from the solar wind to the magnetosphere and subsequent characteristics of the energy dissipation in the auroral ionosphere and circular current were determined by the superposed epoch analysis method. The nonlinearity of the dependence of the intensity of magnetic storms on the energy coming from the solar wind into the magnetosphere was revealed. Anomalous behavior of magnetic storms with intensity |Dst| > 200 nT was detected. A discussion of the results is given.
考虑了磁暴强度极大时太阳风能量流入磁层及其在环流和极光电离层中的耗散。将1996 ~ 2014年期间Dst强度在-18 ~ -422 nT之间的磁暴进行分组。对每一组,用叠加历元分析法确定了太阳风对磁层的平均能量贡献以及随后的极光电离层能量耗散和圆电流特征。揭示了磁暴强度与太阳风进入磁层能量的非线性关系。探测到强度|Dst| > 200nt的磁暴异常行为。对结果进行了讨论。
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引用次数: 0
Social Dependency: the Values of Collectors, Fishing Logics and the Economics of Gift 社会依赖:收藏者的价值观、钓鱼逻辑和礼物经济学
Pub Date : 2021-12-30 DOI: 10.17150/2411-6262.2021.12(4).17
Dmitry Khaustov, E. Zimina
The phenomenon of social dependence is considered as a phenomenon that accompanied the life of society at all times. On the basis of analysis of the theoretical resources and empirical studies, a parallelism of dependency strategies is carried out. The evolution of the moral and ethical values of human communities is analyzed through the works of K. Polanya, I. Morris, T. Shanin and others. The convergence of systems of moral and ethical values of prehistoric, non-historical society and modern societies is described. Dependency is considered as fishing, intermediate equipment and gift economics. A unique phenomenon is being studied, which is practically not reflected in the information field, does not find direct accounting in official statistics, however, is well-known in Russian everyday life — «garage-owners». Based on a deep theoretical analysis, it is concluded that the practices of dependency are characterized by a certain form of extremely archaic egalitarianism, and the convergence of the values of collectors and members of post-industrial communities is expressed in fishing, that is, in essence assigning logics to economic practices of our time. The theoretical constructions of the modern topical studies resonate with the empirical studies, both of the garage socio-economic structure and the practices of social dependence. The conceptual approaches discussed in the article have the potential to study various socially negative phenomena of the modern society.
社会依赖现象被认为是一种始终伴随着社会生活的现象。在分析理论资源和实证研究的基础上,对依赖策略进行了并行化研究。通过K. Polanya, I. Morris, T. Shanin等人的作品分析了人类社会道德和伦理价值的演变。描述了史前、非历史社会和现代社会的道德和伦理价值体系的趋同。依赖性被认为是渔捞、中间设备和礼品经济学。人们正在研究一种独特的现象,这种现象在信息领域几乎没有反映出来,在官方统计数据中找不到直接的会计,但在俄罗斯的日常生活中是众所周知的-“车库主人”。在深入的理论分析基础上,得出了依赖的实践具有某种极端古老的平均主义形式的特征,并且在捕鱼中表达了收藏家和后工业社区成员的价值趋同,即本质上为我们这个时代的经济实践分配逻辑。现代专题研究的理论建构与车库社会经济结构和社会依赖实践的实证研究产生了共鸣。本文讨论的概念方法具有研究现代社会各种社会消极现象的潜力。
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引用次数: 0
Improvement of the Adaptive Properties of the National Financial Market to Respond the Globalization Risks 提高国家金融市场应对全球化风险的适应性
Pub Date : 2021-12-30 DOI: 10.17150/2411-6262.2021.12(4).1
V. Loktionov, E. Loktionova
In the era of globalization the issues of ensuring economic and national security are still relevant for discussion. Financial markets, being one of the driving forces for the global economic development, are sensitive to changes in the socio-economic and political situations. In the rapidly changing world, the security of the national financial market can be ensured by increasing its adaptability, which is, in the general case, the market ability to adapt to stressful events, while working in adverse conditions. The article discusses the features of the national financial market in the context of financial globalization. Using the complex adaptive theory, the main ways of the national financial market development to enhance its adaptability are presented. Keywords. Globalization, financial market, financial security, financial market adaptability, institutional environment.
在全球化时代,确保经济和国家安全的问题仍然值得讨论。金融市场是全球经济发展的动力之一,对社会经济和政治形势的变化十分敏感。在瞬息万变的世界中,一国金融市场的安全可以通过增强其适应性来保证。在一般情况下,即市场在不利条件下对压力事件的适应能力。本文探讨了金融全球化背景下国家金融市场的特点。运用复杂适应理论,提出了国家金融市场发展增强其适应性的主要途径。全球化,金融市场,金融安全,金融市场适应性,制度环境
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引用次数: 0
Meaning of Life Crisis and Self-Attitude of Fetishistic Transvestites (Internet Research) 恋物异装癖者的生命危机意义与自我态度(网络研究)
Pub Date : 2021-12-30 DOI: 10.17150/2411-6262.2021.12(4).22
Evgeniy A. Bryzgalin
The determinants of the long-standing and relatively widespread practice of fetishistic transvestites have been so far insufficiently researched by the psychological science. In the present paper on a Russian sample of fetishistic transvestites of mature and young age (N=120) mediated by virtual reality, an Internet study of the severity of their meaning life crisis and the specifics of self-attitude, which have a deep systematic impact on self-management of the life process, was carried out within the norm. It is shown that the overwhelming majority of fetishistic transvestites do not experience a meaning-life crisis, and their self-attitude is divided into dichotomous lines of manifestation – balance in conditions of confidentiality and dissonance in the public environment. It is established that the meaning-of-life crisis provides a favorable corrective effect on self-abasement, blocking the trajectory of minimizing self-abasement to an abnormal state by the method of self-justification of personal experience of fetishistic transvestism. It is revealed that the absence of a meaning-of-life crisis is characterized by the expanded personal plasticity of fetishistic transvestites in transphobic social situations, maintaining their state of self-esteem at an acceptable level, while their autosympathy as a veiled dimension of self-attitude is contrastively encapsulated from the meaning of life crisis.
长期存在的、相对广泛的恋物异装癖行为的决定因素,迄今为止还没有得到心理科学的充分研究。本文以俄罗斯成年和年轻恋物异装癖者(N=120)为样本,在虚拟现实的媒介下,在规范范围内对他们的意义生活危机的严重程度和自我态度的具体特征进行了网络研究,这对生活过程的自我管理有深刻的系统影响。研究表明,绝大多数恋物癖的异装癖者并没有经历过意义生活的危机,他们的自我态度被分为两种表现形式——在保密条件下的平衡和在公共环境中的不和谐。研究发现,生命意义危机对自卑具有良好的矫正作用,阻断了以恋物异装癖个人经验自我辩护的方式将自卑最小化至异常状态的轨迹。研究发现,生活意义危机的缺失表现为恋物癖异装癖者在恐跨社会情境中个人可塑性的扩大,使他们的自尊状态维持在可接受的水平,而他们的自我同情作为一种隐蔽的自我态度维度,与生活危机的意义形成对比。
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引用次数: 0
The Influence of Bilingualism on Personality: Psychological and Pedagogical Studies of Foreign Scientists 双语对人格的影响:国外科学家的心理学和教育学研究
Pub Date : 2021-12-30 DOI: 10.17150/2411-6262.2021.12(4).23
Ravi Ranjan
Since the first half of the 20th century, the question of whether bilingualism affects the individual has become a topic of major scientific research. The purpose of this article is to show the directions of research on this problem. In answering this question, the studies were divided into two main periods: positive and negative attitudes towards bilingualism. The authors conducted a meta-analysis of published studies on the impact of bilingualism on personal development: at the first stage of the analysis, they reviewed the abstracts of conferences on this topic for the period from the second half of the 20th and the beginning of the 21st century, and at the second stage, they determined which of these studies were subsequently published. Preferably, studies with the results that fully support the theory of bilingual advantage were published. The practical significance of this work consists in the fact that it presents modern research by foreign scientists on bilingualism. The reasons for two contradictory views of researchers on the problem of bilingualism are analyzed. In the future, the article can help build modern ideas about bilingualism and bilingual personality.
自20世纪上半叶以来,双语是否影响个人的问题已成为主要科学研究的主题。本文的目的是展示这一问题的研究方向。为了回答这个问题,研究分为两个主要时期:对双语的积极态度和消极态度。作者对已发表的关于双语对个人发展影响的研究进行了荟萃分析:在分析的第一阶段,他们回顾了从20世纪下半叶到21世纪初关于这一主题的会议摘要,在第二阶段,他们确定了哪些研究随后发表。最好是发表了结果完全支持双语优势理论的研究。这项工作的实际意义在于它展示了外国科学家对双语的现代研究。分析了研究者在双语问题上两种相互矛盾的观点的原因。在未来,这篇文章可以帮助建立关于双语和双语人格的现代观念。
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引用次数: 0
The Development of Digital Technologies in a Transformational Change in Production 数字技术在生产转型中的发展
Pub Date : 2021-12-30 DOI: 10.17150/2411-6262.2021.12(4).13
T. Krasnova, V. Samarukha, A. Dulesov
The present article examines the issues of digital transformation of the production sphere (based on methods of analysis and synthesis, generalization and systematization of material relevant to the topic), which has great relevance for changes in modern production due to the transition to a new technological mode. The role of production, especially the industrial production, in the historical aspect of socio-economic development of the country is always pivotal and the competitiveness of economic systems at the micro, meso and macro levels of the country, as well as the country as a whole in the world market, depends on the timeliness of its modernization. The analysis of the production output categories allowed the authors to find out the specific weight of innovative products and give its characteristic in the aspect of production sectors: 1) high-tech; 2) medium-tech; 3) low-tech. Therein, it is shown that the first group has only 25 % of industries in it, the second has 31 % and the third has 44 %. Russia’s share of innovative products (services) in the world market is only 4,3 %, and the business sector has software deficiency. The authors draw the conclusion that, in order to intensify the modernization of the production sphere, it is necessary to widely implement digital technologies in small industrial enterprises, as well as in import-substituting enterprises, as they are more receptive to innovation. The authors examined the structure of manufacturing production and provided a description of the state of digitalization in all federal districts of Russia. They also carried out a correlation and regression analysis of the digitalization potential of the production sphere, based on the assessment of the closeness of the relationship between the use of broadband Internet and the volume of manufacturing production.
本文探讨了生产领域的数字化转型问题(基于与主题相关的材料的分析和综合,概括和系统化方法),这与现代生产由于向新技术模式过渡而发生的变化具有很大的相关性。生产,特别是工业生产,在国家社会经济发展的历史方面的作用始终是关键的,国家经济体系在微观、中观和宏观层面的竞争力,以及整个国家在世界市场上的竞争力,取决于其现代化的及时性。通过对生产产出类别的分析,得出了创新产品的比重,并给出了其在生产部门方面的特征:1)高新技术;2)中等科技含量;3)低技术含量的。其中,第一组仅占25%,第二组占31%,第三组占44%。俄罗斯创新产品(服务)在世界市场上的份额仅为4.3%,商业部门软件不足。作者得出结论,为了加强生产领域的现代化,有必要在小型工业企业和进口替代企业中广泛实施数字技术,因为它们更容易接受创新。作者研究了制造业生产的结构,并对俄罗斯所有联邦区的数字化状况进行了描述。他们还对生产领域的数字化潜力进行了相关和回归分析,基于对宽带互联网使用与制造业生产量之间密切关系的评估。
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引用次数: 1
Features of Mental Elements of Bribery Facilitation 贿赂便利化的心理要素特征
Pub Date : 2021-12-30 DOI: 10.17150/2411-6262.2021.12(4).29
V. Zamaraev
The article provides a description of relevant features of the mental elements of the crime regulated by Article 291.1 of the Criminal Code of the Russian Federation.The paper also examines the general actor of the specific corruption act by applying a criminological approach and analyzing the empirical base for this category of criminal encroachment. The author researches the "physical" and "intellectual" bribery facilitation ways defined in the literature.Detailed attention is paid to optional features of the mental elements of mediation in bribery, such as: "motive" and "purpose" of the crime.The author proposes his definition of the mental elements of mediation in bribery, and provides the list of the social factors that influence the commission of a crime under Articles 291.1 of the Criminal Code of the Russian Federation having studied law enforcement practice and interviewed representatives of the general population of the Russian Federation.The results of this study can be used for further improvement of the criminal legislation of the Russian Federation, in terms of amendments and additions to the qualifying factors of bribery facilitation and the introduction of appropriate explanations in the current resolution of the Plenum of the Supreme Court of the Russian Federation No. 24 of 09 July 2013 "On judicial practice in cases of bribery and other corruption-related crimes".
该条描述了《俄罗斯联邦刑法典》第291.1条所规定的犯罪的精神要素的有关特征。本文还运用犯罪学方法考察了具体腐败行为的一般行为人,并分析了这类犯罪侵犯的经验基础。作者研究了文献中定义的“物理”和“智力”贿赂便利化方式。详细论述了贿赂中调解心理要素的可选特征,如犯罪的“动机”和“目的”。提交人提出了贿赂中调解的心理要素的定义,并根据《俄罗斯联邦刑法》第291.1条提供了影响犯罪的社会因素清单,研究了执法实践并采访了俄罗斯联邦普通民众的代表。本研究的结果可用于进一步完善俄罗斯联邦的刑事立法,包括修改和增加贿赂便利的条件因素,并在2013年7月9日俄罗斯联邦最高法院全体会议第24号决议中引入适当的解释“关于贿赂和其他腐败相关犯罪案件的司法实践”。
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引用次数: 0
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