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SENTENTIA. European Journal of Humanities and Social Sciences
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ГЛАВНАЯ > Журнал "SENTENTIA. European Journal of Humanities and Social Sciences" > Содержание № 01, 2015
Выходные данные сетевого издания "SENTENTIA. European Journal of Humanities and Social Sciences"
Номер подписан в печать: 22-04-2015
Учредитель: Даниленко Василий Иванович, w.danilenko@nbpublish.com
Издатель: ООО <НБ-Медиа>
Главный редактор: Даниленко Денис Васильевич, доктор права (Франция), danilenko_d@mail.ru
ISSN: 1339-3057
Контактная информация:
Выпускающий редактор - Зубкова Светлана Вадимовна
E-mail: info@nbpublish.com
тел.+7 (966) 020-34-36
Почтовый адрес редакции: 115114, г. Москва, Павелецкая набережная, дом 6А, офис 211.
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Содержание № 01, 2015
Law
Samoylenko E.A. - The structure of international-legal regime regarding the navigational usage of international rivers

DOI:
10.25136/1339-3057.2015.1.14972

Abstract: This article deals with issues of basic components of international-legal regime of shipping on international inland waterways. The author begins the analysis of this problem from the theory of law and presents elements that should be represented in the structure of any legal regime. The author thinks that international-legal regime of navigational usage of international rivers must be aimed at fixing the procedure and conditions of passage through the waterways. Particular attention is given to the issues of content of freedom of navigation on international rivers. A variety of methods of research are used in this article. The application of dialectical method of cognition allowed exploring the typical structure of international-legal regime of navigational usage of international rivers. Historical method was used in studying the formation processes of freedom of river navigation. Formal-legal, systemic, structural-functional methods of cognition were used during the interpretation of norms of international law. With help of inductive method, methods of analysis and synthesis the practice of states, international organizations and international courts was researched. The author argues that as a primary step for distinguishing of the structural elements of the international-legal regime of the navigation on international rivers must be the projection of the basic principles of the international law on the problem of river navigation. The common structure of the international-legal regime of the navigational usage of international rivers consists of a number of typical (main) regime-creating elements. There are significant and non-significant components among them; elements, related to the subjects of the international law, and elements, related to the direct participants of river navigation. Intergovernmental treaty – as an international document, where these elements are shown, – should define the scope of regime of navigation on the international river, contain material and procedural norms concerning its navigational usage, institutional mechanisms of cooperation in this sphere between countries, and the mechanism of dispute settlement between them.
Philosophy
Danilenko D.V. - Humanism, punishment and surveillance. Criticism of M. Foucault's

DOI:
10.7256/1339-3057.2015.1.14410

Abstract: This article is devoted to philosophical research on the origins of modern state surveillance, punishment and, more generally, the evolution of modern criminal law. It is presented as a discussion between the author of this article and Michel Foucault. It develops the idea that humanism has played an important role in the softening of state-sanctioned punishment and in the development of state surveillance over the last 300 years. The article deals with the historical origins of the modern state and the evolution of its relations with the individual; the evolution of government functions; the evolution of criminal law; and human rights and freedoms. It contains a critique of Foucault’s analysis of the evolution of the modern system of criminal law and of his concept of surveillance.
Law
Чиркин В.Е. - The Russia's 1993 Constitution: the principal advantages and some legal shortcomings

DOI:
10.7256/1339-3057.2015.1.14165

Аннотация: On the basis of a comparison of foreign and Russian constitutions the article discusses the legal language of the Russian Constitution. The author especially tackles such questions enshrined in Russian constitution as: the constitutional provisions concerning economic, social, political and spiritual life of the community. However, the article also refers to some shortcomings of the Constitution that was integrated in the text during the adoption of the Constitution in 1993. The main method that uses the author is a comparative one. Other, classical legal methods are also were used during the research. The novelty of the research consist in the research of the value of the Russian Constitution in a comparative approach. Author developed the ideas of how the Russian conception should be modified in order to comply with modern standards of legal language used in contemporary connotations.
Samoylenko E.A. - The structure of international-legal regime regarding the navigational usage of international rivers

DOI:
10.7256/1339-3057.2015.1.14864

Abstract: This article deals with issues of basic components of international-legal regime of shipping on international inland waterways. The author begins the analysis of this problem from the theory of law and presents elements that should be represented in the structure of any legal regime. The author thinks that international-legal regime of navigational usage of international rivers must be aimed at fixing the procedure and conditions of passage through the waterways. Particular attention is given to the issues of content of freedom of navigation on international rivers. A variety of methods of research are used in this article. The application of dialectical method of cognition allowed exploring the typical structure of international-legal regime of navigational usage of international rivers. Historical method was used in studying the formation processes of freedom of river navigation. Formal-legal, systemic, structural-functional methods of cognition were used during the interpretation of norms of international law. With help of inductive method, methods of analysis and synthesis the practice of states, international organizations and international courts was researched. The author argues that as a primary step for distinguishing of the structural elements of the international-legal regime of the navigation on international rivers must be the projection of the basic principles of the international law on the problem of river navigation. The common structure of the international-legal regime of the navigational usage of international rivers consists of a number of typical (main) regime-creating elements. There are significant and non-significant components among them; elements, related to the subjects of the international law, and elements, related to the direct participants of river navigation. Intergovernmental treaty – as an international document, where these elements are shown, – should define the scope of regime of navigation on the international river, contain material and procedural norms concerning its navigational usage, institutional mechanisms of cooperation in this sphere between countries, and the mechanism of dispute settlement between them.
Sociology
Yegorova M.A. - A person in a multicultural society: the problem of self-identification

DOI:
10.7256/1339-3057.2015.1.14533

Abstract: The subject of this research is the review of the process of self-identification that happens on the background of the forming of a multicultural society with all its diversity, and at the same time with specific problems that are inherent for such type of a social construct. An analysis is conducted on the changes of human identity in the multicultural societies, and the attitude of an individual towards the surrounding multicultural world. The article examines the multiculturalism as a blueprint of a social structure in various countries of the world, especially in the countries of Western Europe and the European Union, where the character of multiculturalism is most evident. The author attempts to trace the cooperation of various groups in the framework of multicultural societies within other regions of the world such as Asia (an accent is made on China and Taiwan) and Europe. A conclusion is made on the need to search for a complex approach on the integration of not only groups, but work with separate individuals as well (on the level of schools, institutes, centers for studying the language and culture of the accepting community, etc.).
Zamotaev D.Y. - Political activity of Russia’s internet audience on a regional level as a constituent of civil society

DOI:
10.7256/1339-3057.2015.1.14805

Abstract: The goal of this work is the analysis of Russia’s internet audience as a participant in the political communication on a regional level and its attitude towards the activity of the non-governmental public organizations as the important constituents of forming of civil society. The subject off this research includes the following components: 1. Socio-political analysis of the aspects of Russia’s internet audience; 2. The details of the online activity of the responders; 3. The perception of population about the role of non-governmental public organizations in Russia; 4. Classification of the public opinion of the population regarding the role and influence of the non-governmental organizations at the regional level. Selective polling was conducted on the population of the Krasnogorsky District of the Moscow Oblast consisting of 300 people between 20 and 62 years of age, representing the working class. The author emphasizes the need for a wide range of informational forums for a two-way communication at the regional level, and encouragement of citizens to participate in the dialogue, public discussion of the national politics online, and forming of the political culture of the society.
Political science
Dadabaeva Z.A. - Transformation processes in Central Asia on the background of intraregional conflicts

DOI:
10.7256/1339-3057.2015.1.14703

Abstract: This article explores certain problems within the current processes of regionalization in Central Asia as a means of self-identification of the region in the new conditions. The different starting potential for economic development among the newly independent states has predefined the strategy for forming intergovernmental relations. A special attention is given to the analysis of the political situation in the region after collapse of the Soviet Union in the context of problems concerning disputed territories and questions of the use of water resources of transboundary rivers. Unfair (in the opinion of the countries of Central Asia) division of state borders demarcated during the Soviet era still prevents the regional neighbors from structuring an adequate relations. Territorial conflicts often result in armed clashes. The water-energy resource is another important factor of cooperation in Central Asia and often leads to an open confrontation between the states of the upper reaches of the transboundary rivers and the countries of the lower reaches concerning the use of the hydroelectric potential. The article implements factor analysis and interdisciplinary approach in studying the intraregional conflicts regarding the use of water resources of the transboundary rivers. The author reviews various attempts of intergovernmental collaboration and the causes that stand in the way of these processes. The article reveals the negative role of the border, energy and water conflicts within the regional cooperation. Researching the processes of transformation in Central Asia allowed the author to determine that the political and economic development of the countries progresses unevenly, and forms on the background of objective and subjective factors. The low level of intraregional cooperation outside integrational unions leads to economic and political dependency of each of the countries upon the influential global players.
Trofimov E.A. - Transformation of the passive electoral right in the Russian Federation after the protests “For Fair Elections” of 2012

DOI:
10.7256/1339-3057.2015.1.14770

Abstract: This article examines the transformation of the passive electoral right within the Russian Federation after the acts of protest “For Fair Elections”. The author highlights that the transformation of this right retained its centralized vector, imitating the democratization of the electoral system. The analysis of the legislation and the political practice demonstrates that the limitations of the Russian citizens’ passive electoral right contradicts the norms of international law and the Constitution of the Russian Federation; in the area of political practice they infringe upon the essential principles of electoral right, including government non- involvement into the electoral process and equality of the voters. The mass protests of 2011-2012 did not produce changes, nor gave the citizens the opportunity to be elected as officials of the branches of government, and were further restricted by additional limitations that have a significant impact in the area of the selective functions of the government. The electoral system of the Russian Federation continued the transformation in the direction of interests of the federal president and the highest government bureaucracy, which leads to a collapse of the feedback system, degradation of Russian politeia, and imitation of the right to be elected.
Bajrektarević A. - Eastern Europe – The World’s Last Underachiever (All displayed maps per the author’s idea made by Anneliese Gattringer

DOI:
10.7256/1339-3057.2015.1.14830

Abstract: This study concerns the development of the Eastern Europe and its current geopolitical status. The political study is undertaken of the example of the after WWII development of this region. Cultural, social, economical and political aspects of the Eastern Europe and its contemporary development are taken into consideration. An important part of the study concerns current Ukrainian crisis. The evolution of the role of the NATO in Europe is described and taken by the author as one of the major causes of the current crisis in Ukraine . Author depicts current development of the eastern Europe as Ukrainization or Pakistanization. Author argues that Ukraine and Europe became a hostage of the US’s aggressive politic. Author also points out that by annexing Crimea Moscow showed to US and Europe that Ukraine is an emotional place for Russia – tied to it by a bond of historio-civilizational attachment – something that makes and sustains Russia both Christian and European
Economics
Pavlinova O.V. - The Mineral Resource Extraction Tax (MRET): current situation and opportunities for future development

DOI:
10.7256/1339-3057.2015.1.14241

Abstract: Due to the resource oriented state of the Russian economy, the taxation of the recovery of minerals is one of the main sources of revenue for the budget of the Russian Federation. Even minor changes in the price of oil on the international market have a huge impact upon the national budget of the Russian Federation, and the problem of replenishing it has lately become quite relevant. Over the course of being enacted the Mineral Resource Extraction Tax (MRET) has proven its fiscal orientation, while its regulating regulatory function has moved to the background and in doing so, acquired multiple problems in the field of oil extraction. This article reveals the flaws within the MRET of the Russian Federation and reviews the ways of improving it under the current conditions. The conclusions are made on the quality of the conducted tax policies in the Russian Federation with regards to taxation of the petroleum extraction industry, including changes to the current legislation. Presently, we can observe an annual increase in the MRET revenue into the budget of the Russian Federation and the growth in the specific weight of tax within the overall structure of budget revenue. However, despite the positive dynamics of the MRET index, there is a growing number of flaws within the current system of oil taxation that have negative effect on the present state and future development of the industry.
Pavlov P.V. - De-offshorization of economy: myths and reality

DOI:
10.7256/1339-3057.2015.1.14447

Abstract: This article is dedicated to the solution of the issue of returning the capital from offshore back to Russia (de-offshorization). The object of this research is the world offshore centers that provide tax “sanctuary” for the Russian capital. The research focuses on the mechanisms, methods, and tools that would allow returning this capital back into the Russian economy. The article analyzes the causes of appearance of offshore zones and their functional direction, and unravels the notion of offshore business. It further analyzes the main incentives that are offered to the residents of the offshore zones. An evaluation is given to the bases for emerging and the scale of functionality of the global offshore business. The author examines the causes for the capital outflow from Russia into the offshore zones and proposes the organizational-legal measures in order to resolve this problem. The result of this research became the analysis of the causes and consequences of the offshorization of global economic system, assessment of the negative effects of this phenomenon for Russia, and development of number of proposals on de-offshorization of the Russian economy in order to form a comprehensive financial mechanism that would stimulate the development of investment attractiveness of the country.
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