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ISSN: 2073-9532

e-ISSN: 2073-9540

The main theme #7-8 – 2018 of the magazine «Representative power - XXI century»  http://www.pvlast.ru/eng/  is a Speech: Lyubimov A.P., Shields A.N. Modern scientific and technological priorities of RAS // Representative Power–Century 21. 2018. – # 7-8, pp. 26-33.

Other important topics: Agutin A.V., Sintsov G.V. To a question of sources of the domestic right and harm of the liberal legal doctrine; Platonov V.M. Decentralization, devolution and the competing federalism as the frames of differentiation of areas of jurisdiction and powers in the federal state: the experience of the USA; Lozhkovoy P.N. International legal sources of regulation Earth remote sensing from space: questions class ification; Teplova D.O.  Psychosomatic human rights: criminal and civil law aspects; Mozhaev E., Arefiev V. Improvement of organizational and economic mechanism of the IAS; Amiantov A.A., Pavlukov M.Yu. Features of participation of the Government of the Russian Federation in the modern legislative process; Yagupa E.G. Justification and development of a regional knowledge management system; Amiantova I.S.,  Maslianyi A.A. Eurasian Economic Union: Ways and Mechanisms to Increase Efficiency; Pliev S.M. Theoretical aspects of the state in the political system of society in the context of creating a new statehood on the example of South Ossetia; Pronchev K.G. Political and legal ideal in the B.N. Chicherin's concept.


Representative power - XXI century:

#7-8 – 2018


CONTENTS, KEY WORDS AND SUMMARIES #7-8 - 2018

STATE AND LAW


          Agutin A.V., Sintsov G.V. To a question of sources of the domestic right and harm of the liberal legal doctrine

Agutin A.V. - LL.D., professor, professor of "International Cooperation in the Sphere of Public Prosecutor's Activity" department, university of prosecutor's office of the Russian Federation, Moscow; Sintsov G.V. - LL.D. – professor head of the department "Private and public law" the Penza state university, Penza.
Abstract. The article is sanctified to the comprehension of sources of home right and harm of liberal legal doctrine. Influence of mentality and world view of the Russian people are certain on the sources of home right. Positions that in the totality explain harm of liberal legal doctrine for our state and Russian community are reasonable. The authors of the article come to the conclusion that without the translation of the domestic legal doctrine from the system of false values of liberalism to the traditional system of values of the Russian people it is impossible to have a serious conversation about the revival of the great-power Russian statehood.
Key words: state and law, sources, right, homeland, people, mentality, world view, people, true, lie.

Platonov V.M. Decentralization, devolution and the competing federalism as the frames of differentiation of areas of jurisdiction and powers in the federal state: the experience of the USA

Platonov Vladimir Mikhaylovich is the Head of the Department of Political Analysis and Government, Faculty of Humanitarian and Social Sciences, RUDN University, Candidate of Legal Sciences.
Abstract. The present article reveals the main tendencies in contemporary federations, connected with stimulation of development of regional level of adoption of political decisions. One of such tendencies is the transfer of a certain volume of powers by the central power on regional level. At the same time the most important is the question of a form of delegation of power from the center to the regions. So, since the end of the 20th century such a form of transfer as decentralization, is in constant opposition with a so-called devolution. These forms differ on the consequences – in one case the powers are delegated on returnable, in another – on an irrevocable basis. The experience of the USA where the processes of decentralization and a devolution coexist with the ideas of the competing federalism characterizing separate elements of federal state system is analyzed in the article. The basic conclusions concern the assessment of the applicability of elements of North American political and legal culture in the Russian conditions.
Key words. Devolution, the competing federalism, differentiation of areas of jurisdiction and powers, the territorial subject of the federation, centralization, decentralization.

Lozhkovoy P.N. International legal sources of regulation Earth remote sensing from space: questions class ification

Lozhkovoy Påtr Nikolayevich, lawyer of the law firm "Tonkov and Partners", Master.
Abstract. The article deals with the classification of international legal sources governing the remote sensing of the Earth from Space. The leading role of the UN and its main bodies in shaping such a legal framework is noted. It indicates the importance of other international structures, including the UN specialized agencies, international conferences, quasi-international organizations that have influenced the creation of legal documents in this area. The importance of “soft law” norms in the creation of sources of international space law is indicated. The influence of the doctrine of international law in building the world law in this direction is noted.
Key words: remote sensing, Earth, outer space, sources of law, international legal acts, soft law, UN, international organizations, international conferences, space research, space law, international law.

Teplova D.O.  Psychosomatic human rights: criminal and civil law aspects

Teplova Daria Olegovna - Deputy Head of the Department of State and Legal Disciplines of the East-Siberian Branch of the Russian State University of Justice, candidate of legal Sciences
Abstract. This article attempts to give a brief outline of some problems of criminal law and civil law regulation of psychosomatic human rights in the Russian Federation. At the moment, the Constitution and sectoral legislation in the field of bioethics is of great importance. However, it is not as unambiguous and universal as life and legal practice require. The author gives some examples from the legislation and practice of its application in relation to the use and protection of so-called psychosomatic and related personal human rights, which determine his personal status. The interpretation and regulation of these rights is not always unambiguous in both domestic and foreign practice. This situation seems unacceptable to us, because modern technologies require timely regulation and application without the risk of exposing society and the individual to the threat of abuse in this area. What is the imperfection of the criminal and civil regulation of psychosomatic human rights? The author tried to give his modest statement of legislative shortcomings and the reasons for their existence, the need to improve the issues of euthanasia, reproductive technologies, biotechnology, cloning, etc.
Key words: Constitution, law, bioethics, psychosomatic personal rights, current legislation.

STATE AND SCIENCE


Lyubimov A.P., Shields A.N. Modern scientific and technological priorities of RAS

Lyubimov A.P. – Diplomatic Academy of the Ministry of foreign Affairs of Russia, Doctor of Law, Professor, head of the Centre for international law; Shields Alexey N. - Institute of legislation and comparative law under the Government of the Russian Federation, postgraduate student.
Abstract. The article highlights the relevance of seven modern scientific and technological priorities of the RAS. The relevance is determined by the may decrees of the President of the country, which outlined the tasks for Russian science and RAS. The article presents all seven scientific and technological priorities of RAS. Their main provisions, as well as all the main speakers members of the RAS, other representatives of the scientific community and business are given.
The discussion revealed that scientists do not stand still, the RAS has good fundamental groundwork in many priority areas, but there is a problem: it is in the practical implementation of research results. Hence, the purpose of the priorities is to help businesses to identify research and ran — to provide businesses with practical advice, maintain scientific support.
Key words: science, scientific and technological priorities of RAS, may decrees of the President of Russia, nanotechnology, artificial intelligence, competitiveness, business.

ECONOMICS

Mozhaev E., Arefiev V. Improvement of organizational and economic mechanism of the IAS
 
Mozhaev Evgeny - doctor of Economics, Professor, national research Institute of resource saving and energy efficiency, supervisor; Arefev Vladimir - post graduate student, Russian state agrarian correspondence University
Abstract. Before consulting service task through the provision of specialized services to influence the efficiency of agricultural production. This multilateral task requires decisions and development of many components, and, above all, improving the organizational and economic mechanism of functioning of information and consulting services. From this largely will depend on the efficiency of the service, its impact on the development of agricultural production, and therefore on the demand for services by farmers. The article defines the motivation of labor in the agro-industrial complex of Russia. It is concluded that the success of the consulting service, its real impact on the development of agricultural production in the country can be achieved only with a comprehensive solution of organizational and economic problems.
Key words: economy, information and Advisory service, information and consulting centre, the organizational-economic mechanism, the organizational-legal form.
 
Amiantov A.A., Pavlukov M.Yu. Features of participation of the Government of the Russian Federation in the modern legislative process
 
Amiantov Alexey Andreevich – Ph.D. (political sciences), Chief specialist of the Department of organizational maintenance of the legislative process of the State Duma of the Federal Assembly of the Russian Federation; Associated Professor at the Chair of Political Analysis and Management, Russian Peoples’ Friendship University, Moscow, Russia; Pavlukov Mihali Yurievich –  Ph.D. (law sciences), expert in the sphere of interaction between the Executive authorities and the Parliament of the Russian Federation, Moscow, Russia.
Abstract. The article deals with the interaction of the state Duma and the Government of the Russian Federation in the field of modern legislative process. The article examines the stages of the legislative process, legal acts regulating the activities of the state Duma and the Government of Russia, reveals the ways of participation of the Executive power in the work of the Russian Parliament. The article focuses on the Federal budget process, as well as the peculiarities of the passage of draft laws requiring financial obligations of the Russian Federation (this applies to the draft laws on the introduction or abolition of taxes, exemption from their payment, the issuance of state loans, changes in the financial obligations of the state, other bills providing for expenses covered by the Federal budget).
Key words. The State Duma, the Government, the interaction of the authorities, the legislative process, parliamentary control, the budget process.
 
Yagupa E.G. Justification and development of a regional knowledge management system
 
Yagupa Elena Grigorievna -  Candidate of Economic Sciences, Associate Professor Novosibirsk University of Economics and Management.
Abstract. This article focuses on the study of the rationale and development of a regional knowledge management system. This topic is quite relevant in the modern world, where knowledge is a large component of human capital and is of great importance in the development of society. This article reviews the reasons for the need to implement a knowledge management system based on current trends and changes. It also presents the main tasks of the knowledge management system and its primary elements, and methods of implementation. The main strategies for the implementation of this management system, as well as the main stages of the application or introduction of a strategy are considered. To optimize the management system, there are several operating systems; the article analyzes such systems as X-Files and Analytical Courier (their advantages, capabilities, main tasks, etc.). In conclusion, the issue of the effectiveness of the knowledge management system and the main criteria for its effectiveness are considered.
Key words: management system, regionalism, information, intellectual resources, knowledge.

POLITICAL SCIENCE AND SOCIOLOGY

Amiantova I.S.,  Maslianyi A.A. Eurasian Economic Union: Ways and Mechanisms to Increase Efficiency

Amiantova Irina Sergeevna – Ph. D of political sciences, associated professor at the Graduate School of Public Administration of the Russian Presidential Academy of National Economy and Public Administration. E-mail: politnayka@mail.ru; Maslianyi Aleksei Anatolievich – the Notary of the city of Moscow, a lawyer.
E-mail: 6250114m@gmail.com
Abstract. This study is devoted to the question of ways and mechanisms to enhance the activities of the Eurasian Economic Union. The aim of the work is to identify ways and means of increasing the effectiveness of the functioning of the Eurasian Economic Union. In the role of the empirical base of the research was a complex of materials placed in open sources. This complex, among other things, includes statistics and sociological research results. The research methodology is based on the use of descriptive analysis. The author comes to the conclusion that in the near future, an increase in the effectiveness of the activities of the Eurasian Economic Union can be achieved by eliminating a number of factors that carry risks for its development. The disproportions in the economic development of the participating States should be offset, including through the selective use of protectionist measures. The integration process should be accompanied by work on developing a system of incentives for the development of industries that are not currently export-oriented. Mutual economic expansion of the participating countries should be gently regulated in the direction of increasing mutually beneficial integration. It is necessary to work out both a general strategy for the development of labor migration and mechanisms for its regulation. The implementation of these initiatives will require the transfer of part of the powers of states to the supranational level. The latter implies the need to amend the basic law of a number of participating States.
Key words: Eurasian Economic Union, integration, efficiency.

Pliev S.M. Theoretical aspects of the state in the political system of society in the context of creating a new statehood on the example of South Ossetia

Pliev Soslan Muratovich - Candidate of Political Sciences, Associate Professor, Director of the Center for Social and Political Studies of South UOGU.
Abstract.  The main goal of the research is to identify the classical features of the state, to consider the types of state, to characterize the statehood of South Ossetia, to analyze the future prospects for the development of South Ossetia as an independent state, to develop a new universal terminological apparatus suitable for states that have taken the path of self-determination to emphasize their status as a state. The people of South Ossetia and, we would like to hope, its historical partners are historically interested in gaining state independence. The evidence base of this thesis is based on the basic theoretical approaches to the analysis of the state solvency of the RSO and its development after August 2008. And to support the statehood of the republics that have taken the path of self-determination, it is necessary to develop a new terminological apparatus to emphasize their status and abandon Western terms such as , partially recognized states or unrecognized states.
Key words: State, statehood, South Ossetia, newly formed states, the post-Soviet space, wide recognition, narrow recognition, sovereignty.

Pronchev K.G. Political and legal ideal in the B.N. Chicherin's concept

Pronchev Konstantin Gennadievich - Bachelor of Sociology, Master's student of the faculty of philosophy of Lomonosov Moscow state University, Moscow. E-mail: kpronchev96@gmail.com
Abstract. The article deals with the issues related to the search for the ideal political and legal structure of the state. The relevance of the topic is due to the search for the development of civil society and the establishment a rule-of-law state. Appeal to the classic works expands the theoretical base of the object of study. The paper analyzes in detail the scientific works of the Russian philosopher, lawyer B.N. Chicherin in the field of legal philosophy, jurisprudence. In his conception of the state-legal structure, he proceeds from the metaphysical and religious principles. As a result, B.N. Chicherin comes to the concept of protective liberalism. Given the impossibility of building an ideal political and legal structure, this model seems to be the most optimal for him. The author used comparative legal and system-structural methods of analysis as research methods. The materials of the article are of interest to specialists dealing with problems of government.
Key words: philosophy of law, political and legal structure, political and legal ideal, B.N. Chicherin.


 
 

 

Representative Power – 21st Century: Legislation, Commentary, Problems
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