национальная идентичность

International judiciaries as subjects of supranational specialized control activities

Introduction. In the context of the rapidly changing geopolitical situation in the world, the issue of increasing efficiency of interstate interaction within the framework of the functioning of international universal and regional organizations seems to be very relevant. Theoretical analysis. The authors prove the legitimacy of highlighting the control function as one of the main functions in the activities of international judicial subjects, the purpose of which is to protect natural law, law and preserve the principles and norms of international legal relations, including when considering disputes about the compliance of the domestic legislation of the participating countries with international agreements, which they have undertaken to comply with. Empirical analysis. The study provides a critical analysis of international jurisprudence, primarily containing the construction of the “European consensus”, which is a powerful lever of judicial activism and implies the exclusion of the possibility of applying the doctrine of freedom of appreciation of states that are parties to international agreements. Results. Consideration of international judicial subjects through the prism of the proposed scientific approach led to the conclusion about their leading role in the mechanism of protection of international treaties as an independent subject of specialized control activities, as well as their significant impact on the processes of state sovereignization and international globalization.

 Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 4
Constitutional and legal protection of intangible cultural heritage objects in Russia: Problems and prospects of development

Introduction. The complexity of determining the objects of intangible heritage and establishing organizational and legal mechanisms for their protection is due to the fact that we are talking about non-materialized processes and phenomena for which it is impossible to accurately calculate the degree of preservation. This is how they diff er from traditional museum objects and monuments of culture and art, therefore, it is diffi cult to develop a set of measures aimed at their conservation. Theoretical analysis. A comparative legal analysis of the defi nitions of intangible heritage in the Convention and the Model Law of the CIS countries allows us to conclude that there is a conceptual teleological diff erence in approaches to understanding intangible heritage that should be protected: exclusively empirical, in which any manifestation of folk culture that has uniqueness and originality is protected; complex, including axiological, ethical, normative and empirical aspects, assuming a certain assessment of various traditions, customs, folklore heritage, plots and images. Empirical analysis. Consideration of federal legislation has revealed the fragmentary nature of the norms governing relations for the preservation, popularization and development of the intangible cultural heritage of the peoples of the Russian Federation. The absence of a single legal concept of “intangible cultural heritage” is a signifi cant gap in the current legislation on culture and does not contribute to the eff ective protection of its objects. The envisaged Register (catalog) of Intangible Heritage Objects of the Peoples of the Russian Federation is at the initial stage of its formation. Results. According to the results of the study, the author concludes that it is currently necessary to develop a unifi ed concept for the protection of intangible cultural heritage, which would combine unifi ed universal approaches to the protection of the intangible cultural heritage of the peoples of Russia and the specifi cs of their protection, taking into account the uniqueness and originality of objects, and would contribute to increasing interest of people of such culture in its preservation and popularization.

 Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 1
Socio-economic Factors of Formation of National Identity in the Conditions of Globalization

Introduction. The urgency of the problems of international cooperation associated with the exacerbation of national consciousness, increased tolerance to violations of national equality and distorted media coverage of conflict on a national basis. Theoretical analysis. The purpose of the article – to identify systemically important factors of national identity. The formation of national identity is determined by the spatial characteristics – border areas. Another factor that is closely related to the previous one, is a land. A feature of the above two factors is that they are not affected by the processes of globalization. The formation of national identity is important not only to the role of government, but also state-forming nation. Results. The analysis found that the largest transformational changes are subject to language, culture and economy that make up the framework of the national identity of any state. Therefore, at the highest level should be given to a system of measures and activities to institutionalize the influence of globalization processes and the development of protective mechanisms for the preservation of the most vulnerable places in the formation of national identity.

 IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2016. Т. 16, вып. 3