Электронный журнал Sententia. European journal of humanities and social sciences - №3 за 2015 г. - Содержание - список статей. ISSN: 1339-3057 - Издательство NotaBene
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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 № 03, 2015
Выходные данные сетевого издания "SENTENTIA. European Journal of Humanities and Social Sciences"
Номер подписан в печать: 1-9-2015
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
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Почтовый адрес редакции: 115114, г. Москва, Павелецкая набережная, дом 6А, офис 211.
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Содержание № 03, 2015
Law
Vinogradova P.A. - Legal regulation of restrictions on the jurisdictional immunity of a foreign state c. 1-11

DOI:
10.7256/1339-3057.2015.3.16113

Abstract: The subject of this paper is social relations relevant to consideration by Russian courts of disputes related to a foreign state’s property. The paper deals with the issues of the jurisdictional immunity of a foreign state and its property. The purpose of this work is examination of the innovations in the Russian legislation on jurisdictional immunity. The objectives of  include analysis of jurisdictional immunity concepts, provisions of international treaties in this field and practice of various states for jurisdictional immunity restriction. The methodological basis for this research consisted of systemic and comparative approaches and methods of analysis.Academic novelty of the paper stems from the coming changes in the legal regulation of these issues in Russia. In 2015, the Government of Russia submitted to the Russian parliament draft Federal Law On the Jurisdictional Immunity of a Foreign State and Foreign State’s Property in the Russian Federation.The results of this study make it possible to generalize the requirements of the Russian legislation in the field of restriction on the jurisdictional immunity of a foreign state and the legal grounds for consideration of disputes in this field by Russian courts.
Chirkin V.E. - Interaction of international, supranational (supra-state), and constitutional laws c. 12-40

DOI:
10.7256/1339-3057.2015.3.16800

Abstract: The article discusses the creation of integration regional international associations, which at times become not only international unions, but also acquire elements of certain public power, a particular public-legal form, and can create its regional supranational (“supra-state”) law. At this time it fully applies only to the European Union, but other integration unions can also follow this path (for example, the EAEU). Using the methods of political science, science of state, and comparative-legal methods of studying this new phenomenon, the author concludes that in the EU there is an incomplete public power sui generis, which is not a state power, but has elements of statehood, operates special supranational law, which takes precedence over the law of member-states, and changes the concept of state sovereignty. Its member-states retain state sovereignty, but self-restrict some of its elements. But all of this takes place only within certain framework: certain sovereign rights and government powers voluntarily transferred to the EU by the member-states.
Sociology
Lipinsky D.A. - Social Bases of Positive Responsibility c. 41-69

DOI:
10.7256/1339-3057.2015.3.16009

Abstract: The purpose of this work is to explore the social basis of positive legal responsibility and prove its legal nature and practical importance, as well as its connection with the rule-of-law state concept and civil society. To achieve this purpose the following methods were applied: dialectical, formal legal, sociological, and comparative legal studies. The application of a dialectical method enables to study the phenomenon comprehensively in its interconnection with practice and its development in social relations. The use of these methods has been tested by science and practice, which testifies to the efficiency of their application to legal research. The paper provides the author's definition of social and legal responsibility, offers the data of a survey on the question of positive legal responsibility and its regulatory impact. The author establishes the unified character of legal responsibility that includes a positive (voluntary) and negative (state-forced) forms of implementation. The study revealed that statutory (single) responsibility is an objectively determined, introduced by law and protected by the state duty (necessity) of legal relations participants to comply with statutory regulations, and, in case of violations, the obligation of the offender to suffer condemnation, restriction of property or personal non-property rights. Single responsibility is target objectively enshrined in the law, a reference point for proper behavior of legal subjects, and the criterion of its evaluation as responsible or irresponsible. This allows the subject that has not committed a legally significant act to know in advance about his or her responsibility, and allows the subject to focus on implementation of general legislative rules. If the subject complies by them, it means he or she acts legally responsibly, otherwise he or she acts irresponsibly. The consequences occur in compliance with the actions, which is consistent with the general principles of justice. The exclusion of responsibility that involves various forms of realization would mean the disappearance of the orienting goal, the criterion for evaluation of legally significant behavior as responsible or irresponsible. Responsibility as an integral legal phenomenon is in a static state: It is the basis, the reason, and the condition for appearance of the voluntary form of responsibility realization, as well as the criterion to define it as such. Without this condition, the appearance of the subsequent positive responsibility, which is a responsibility in a dynamic state, is not possible.
Political science
Akopov G.L. - Hacktivism – a challenge to national security within information society c. 70-80

DOI:
10.7256/1339-3057.2015.3.16403

Abstract: This article examines the issues of cyber threats and cyberterrorism. The explanation for this phenomenon is the dynamic information-communication development of the modern society. The article examines the factors that gave rise to cyberterrorism. A special attention is given to the so-called hacktivists – those who commit acts of cyberterrorism without financial gain, but rather to support their political ideas; a number of specific examples of hacktivist activity are being presented. As a result, the governments today are forced to concentrate harder about creation of a cyber-shield to ensure information safety. Among the main conclusions the author substantiates the need to place cyber security as the corner stone of every nation. To ensure information and cyber security and counteract these threads, the author recommends forming cyber forces based on scientific brigades.
Starkin S.V. - United States military strategy concepts with regards to China c. 81-108

DOI:
10.7256/1339-3057.2015.3.16474

Abstract: The coming shifts in the regional military balance away from the United States and its allies towards China can lead to a deformation of the American containment policy. The goal of this article, which represents a logical continuation of a number of other works of the author on the problems of regional security in the Asia-Pacific Region, is the analysis of Washington’s main military strategic approaches with regards to the People’s Republic of China and forecast of the development of military political situation upon the mid-term prospects. A number of American experts claim that in an event of a military conflict the United States will have no choice but to dominate the military forces of China and neutralize its ability to restrict and prevent access to separate territories, blocking of certain zones and maneuvers within them (concept A2/AD), using a number of offensive and defensive means, including targeting objects on the territory of China with non-nuclear force. The author comes to the conclusion that American policy-making, headquarters, and expert-analytical structures are conducting a targeted work, aimed at maintaining their influence in the Asia-Pacific region.
Uldanov A.A. - Protest public as a source of civic initiatives: on the example of mass protests in Russia 2011-2012 c. 109-134

DOI:
10.7256/1339-3057.2015.3.16604

Abstract: The subject of this research is the phenomenon of protest public in the context of its effect the establishment of public civic initiatives in Russia. In the modern society, one of the causes for public gathering is protest. It is the correlation between public gathering and protest activity, with emergence of public civic initiatives within it that becomes the object of author’s research. On the example of mass protests in Russia during 2011 and 2012, the author makes an attempt to characterize Russia’s protest public and determine the level of its effect upon the formation of new or support of the old civic initiatives. The methodological base for this work consisted of neo-institutional approach, and systemic analysis of the theoretical sources. Empirical foundation for this research is built on the data from social polling and materials of applied research on the protests of 2011-2012. Emergence of the public allowed realizing the attempt for basic request of solution to pressing issues. Despite the certain level of the diversity in its participants and inconsistency of this public, we can still underline the important result of its actions – civic initiatives that have formed within the protest public, which allowed to partially get around the closed nature of Russia’s political system. The author comes to a conclusion that in the conditions of lack of channels for influencing policy, realization of alternate initiatives that are formulated based on the realistic request of the citizens, rather than the will of the branches of government, remains one of a few mechanisms of public politics within the country.
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