Law
Law and socioecosystem of small-numbered peoples of the North of the Russian Federation: Theoretical and legal analysis of the correlation of social phenomena |
Introduction. Achievements of scientific and technological progress oblige humanity to carefully introduce them into existing socioecosystems, which is especially important in relation to socially vulnerable communities of indigenous small-numbered peoples of the North of Russia. The possibility of their survival is currently an important theoretical problem. Theoretical analysis. The interrelation of social and natural foundations is investigated, the importance of legal anthropology in the preservation of the ecological and social system of the peoples of the North is substantiated. Traditional nature management is considered as a special type of relationship between people and nature, which poses the task of improving regulatory regulation in order to maintain socio-natural unity. Empirical analysis. The author analyzes the gaps and conflicts of legal regulation in the field of preserving the traditional foundations of life, which can lead to the disappearance of the identity of small-numbered peoples and the leveling of their cultures. Results. The introduction of new technologies into the life of the social ecosystems of small nations inevitably leads to a change in life activity, which leads to the transformation of moral values and the emergence of new ideas. In order for the identity of the peoples of the North not to perish, the role of law as an effective protective mechanism must manifest itself. It is noted that it is necessary to conduct a cultural and anthropological examination of normative acts affecting the traditional spheres of relations at both federal and regional levels for their compliance with the spiritual and moral values of the peoples. |
Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 2 |
Some aspects of improving the effectiveness of public administration in contingencies |
Introduction. The nature of problems and challenges that arise in the modern state involves rethinking its functions, tasks and approaches to their solution in order to respond in a timely manner and take effective action. The most important tool for this is the law – the main regulator of socio-economic relations. Theoretical analysis. The balance of interests of the individual person and society as a whole is constantly under the influence of objective and subjective factors. The state is forced to adapt to the changing situation, including due to the accumulation of unforeseen phenomena in the economy, social and spiritual spheres. The article focuses on some aspects of increasing the effectiveness of public administration in modern conditions, as well as unforeseen phenomena of multidirectional nature (the pandemic COVID-19, environmental and man-made disasters, sanctions effects, escalated political confrontation between Russia and Western countries). Results. Taken together, all aspects to which attention is drawn require the adoption of non-standard and prompt (quick) solutions, the consequence of which will be to counter emerging threats, ensuring security and balancing the interests of the individual, society and the state. |
Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 2 |
State support for agriculture in the era of P. A. Stolypin and modern reality |
Introduction. The study of historical and legal development of agrarian relations in Russia is of great importance for the theory and practice of the development of modern social relations in the field of agriculture. The agrarian reforms implemented by the prominent political figure, Pyotr Arkadyevich Stolypin, generalized into a single historical experience, can be the basis for determining the potential and directions for the development of modern agrarian relations, the degree of their liberalism and understanding the role of the state in this process. The identified shortcomings and advantages of such reforms will make it possible to determine the historical role of the reformer P. A. Stolypin in these transformations and trace the evolution of the Russian state in the socio-economic sphere. Theoretical analysis. The article examines the main ideas, directions and results of the agrarian reform of P. A. Stolypin and analyzes its origins and causes. The provisions of the agrarian reform are considered in the context of state support for agriculture and those measures in this direction that were conceived and implemented on Stolypin's initiative. Empirical analysis. The study demonstrated that at the end of the 19th century in Russia a whole complex of political, legal, social and economic problems was formed, the solution of which depended not only on the development of the Russian state, but also on its legal personality. Most of these problems were related to the agricultural sector of the economy and the legal status of the peasantry, the largest social group of Russian citizens at that time. The main directions of Stolypin’s agrarian reform were: endowing peasants with the right to own land in order to form a large class of new effective land owners, as well as introducing market mechanisms into this process, including lending with state support to potential land buyers. Results. It was revealed that certain areas of Stolypin’s reforms, their course and results did not have unconditional recognition among his contemporaries. Their harsh criticism sounded in modern times. The author identifies the reasons for the failures of Stolypin agrarian reforms and concludes that they were more objective in nature, were due to historical and organizational reasons and did not always depend on the will of the reformer. The author highlights that Stolypin's progressive and innovative approach to the development of social relations in Russia provided him with a long historical memory as a great reformer who was not indifferent to the future of Russia and its people. The conceptual ideas of the reformer are still relevant, and his ideas are promising for the modern transformation of agrarian relations. |
Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 2 |
The legal regime of the Caspian Sea and directions for improving Russian environmental legislation |
Introduction. The article discusses the measures taken in Russia and other Caspian littoral states to protect the environment of the Caspian Sea. Theoretical analysis. The author explores measures to develop an eco-network approach to the protection of water and biological resources of the Caspian Sea, problems of biodiversity conservation, the importance of protecting the Caspian ecosystems in the strategy of transition to sustainable development, as well as environmental threats due to sea level changes. Results. The conducted research proves that environmental protection of the Caspian Sea can only be of a complex nature, which requires further development of the doctrinal and normative eco-network approach, which is now at the beginning of its formation and implementation. This approach involves taking comprehensive measures to protect the aquatic ecosystems of the Caspian Sea together with the protection of other natural resources (mainly aquatic bioresources), as well as measures to improve the ecological condition of the land (coastal) territories and water bodies adjacent to the Caspian Sea, including improving the ecological condition of the Volga. The development and implementation of such measures will make it possible to take another step towards achieving the Sustainable Development Goals in Russia, which presuppose the balance of economic, environmental and social interests, including in local territories. |
Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 2 |
The child and the Constitution of Russia: Conversations about important issues |
Introduction. The presumption of knowledge of the law and laws of the state assumes that every citizen knows the necessary amount of legal information sufficient to fulfill the basic obligation to comply with the Constitution and laws of the Russian Federation. Accordingly, the study of the Constitution of the Russian Federation and basic laws is mandatory and should be integrated into educational programs at all levels. Special attention should be paid to the constitutional and legal education of children, because at this age the model of behavior, which a person will follow in the future, is laid. Theoretical analysis. The study of the Constitution of Russia in childhood and adolescence is based on the concept of meta-law, which asserts the unity of law, religion, philosophy, science, and art. In the educational paradigm of meta-law, the Constitution is perceived through spiritual and moral values, ethical, moral attitudes, confirming by legal authority the correctness of the ideas about what is due that the child has learned. The initial stage of studying the Basic Law of the country may coincide with the child’s study of the alphabet, when individual letters of the alphabet will be fixed in the child’s memory by the example of categories of constitutional law that are accessible to understanding. It is fruitful to address the content of the Constitution of Russia through the prism of elementary plots of folk tales reflecting the archetypes of popular consciousness. Through the fairy tale, the child is introduced to the national worldview, learns to recognize himself or herself as part of the multinational people of the Russian Federation, who embodied their political will in the Basic Law of the country. Folk art expresses an ideal presented in an artistic form. The Constitution legally formalizes the people’s idea. That is why legal folklore studies should be integrated into educational programs in literature, social studies, and jurisprudence. Works of children’s fiction devoted to the Basic Law of the country are the most correct form for the perception of the text of the Constitution by children aged six to eight. Serious discussions about the Constitution of Russia, the history of the constitutional idea in our country, political power and constitutional practice of the state should take place at high school age. The choice of a form of submission of constitutional and legal information is determined by mental generational characteristics of children in accordance with the information environment in which their formation and development took place. Results. The authors conclude that the theory of the Constitution should be integrated into the program of basic general education and offer the fundamentals of a specialized pedagogical strategy for studying the Constitution by children. The methodology of studying the Constitution by children determines the identity of the legal system of Russia, where moral norms, ethics, morality, culture are the co-regulators of law. The format of educational practices depends on the stages of growing up, socialization and individualization of the child. |
Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 2 |
Strategic national priorities of Russia in the 2020 amendments to the Russian Constitution |
Introduction. Strategic national priorities in Russia are enshrined in the National Security Strategy, which was approved in 2021. In this regard, the question arises: how do these priorities correlate with the amendments to the Constitution of the Russian Federation that were introduced in 2020. Theoretical analysis. It was revealed that, depending on the stages of development of the state, the system of priorities may change, which is due to both domestic and international factors. Fixing the system of priorities in a special document sets the vectors for the development of the state for a certain period. The fixation of these strategic priorities of the state in the Basic Law of the country gives them a special meaning, significance and special increased protection. Empirical analysis. The author carried out a comparative analysis of strategic national priorities with the text of the constitutional amendments adopted in 2020. The analysis revealed their compliance and the possibility of implementation by the public authorities of modern Russia. Results. The system of strategic national priorities of modern Russia is built in such a way as to achieve the national goals of the development of the Russian state, prevent the onset of internal and external threats to the country, and their implementation is possible only through the coordinated functioning and interaction of all public authorities and civil society institutions, citizens of the Russian Federation. |
Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 2 |
Features of Examination of Electronic Evidence in Arbitration Proceedings |
Considered the procedure of appointment and production expertise of electronic documents submitted as evidence in the court of arbitration. Special attention is paid to the analysis of other computer-technical expertise. Allocated objects, provided by the experts for the computer forensics documents on the machine magnetic media. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2011. vol. 11, iss. 2 |
On the Concept of Rulemaking |
In the paper we analyze the concept of rulemaking in ХХ-th and ХХI-th centuries, and influence of various factors on it in the context of relations between the law and law formation. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2011. vol. 11, iss. 2 |
Correlation of Notions «Informing», «Informational Ensuring», «Informational Activity» |
Correlation of such notions as «informational activity», «informational ensuring», «informing» are analyzed in the article, which is devoted to structural components of mechanism of informing individuals. According to author’s opinion the notion «informational ensuring» includes both notions «informing» and «informational activity». |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2011. vol. 11, iss. 2 |
The Citizen Rights Equality as Members of the Corporate Relations in the Light of the Arbitration Process Reform |
The article discusses the theoretical and methodological issues of arbitration procedure. In the article notes the universalisation of arbitration procedure form and the widening of the participation. A lso the author focuses on the issues of equalit y of the participants of the corporate relations – individuals in the arbitration process. According to the author in order to uphold the constitutional principle of equality in the arbitration process there is a need to empower the citizen’s benefits in paying state taxes, as well as the possibility of using pre-trial procedure for the dispute resolution.The article discusses the theoretical and methodological issues of arbitration procedure. In the article notes the universalisation of arbitration procedure form and the widening of the participation. A lso the author focuses on the issues of equalit y of the participants of the corporate relations – individuals in the arbitration process. According to the author in order to uphold the constitutional principle of equality in the arbitration process there is a need to empower the citizen’s benefits in paying state taxes, as well as the possibility of using pre-trial procedure for the dispute resolution. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2011. vol. 11, iss. 2 |