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ГЛАВНАЯ > Журнал "Политика и Общество" > Содержание № 03, 2023
Выходные данные сетевого издания "Политика и Общество"
Номер подписан в печать: 23-08-2023
Учредитель: Даниленко Василий Иванович, w.danilenko@nbpublish.com
Издатель: ООО <НБ-Медиа>
Главный редактор: Попова Светлана Михайловна - Doctor of Political Science, Институт демографических исследований ФНИСЦ РАН, Ведущий научный сотрудник, 119333, Россия, г. Москва, ул. Фотиевой, 6 к.1, sv-2002-1@yandex.ru
ISSN: 2454-0684
Контактная информация:
Выпускающий редактор - Зубкова Светлана Вадимовна
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Содержание № 03, 2023
Popova S.M. - Regulation of Space Resources Mining: the Creation of an International Legal Custom c. 1-24



Abstract: This article analyses the current state of affairs on creating "legal certainty" for economic entities in exploring, mining, using, and appropriating space resources. This study uses a parallel analysis of various events (legal, political, and economic ones) in the regulation of the extraction of space resources, as well as relevant legal acts. The studied sources are relevant acts of international and national space law, "gray" literature, and Russian and foreign publications. The transformation of international ideas about the possibility of national and/or private appropriation of space resources is proposed to be considered not only based on an analysis of norms and doctrine but also by considering various countries' institutional changes and technological achievements. The theoretical question of ownership of extraterrestrial resources and territories, discussed since the early 1960s, has moved from the distant future to the present. The current international space law seems insufficiently unambiguous for private companies and therefore requires clarification. However, the pace of modernizing international law lags behind the needs of the development of the space economy and needs to meet the interests of space investors and entrepreneurs. It is concluded that the chain of events of 2014–2022 testifies to the concerted actions of a group of countries aimed at deliberately forming an international legal custom—the source of international space law. It is shown that the adoption of a universal decision shared by all states in the field of space resources is hampered by the existence of equally significant but competing legal principles. Today, economic challenges are decisive in developing international space law: legal certainty in the extraction of space resources is necessary to ensure the economic priority and competitiveness of technologically advanced states in space.
Kostrykina V.V. - Features of Corruption in Commercial Organizations: The Criminological Aspect c. 25-36



Abstract: The subject of this study is the provision of the current national legislation regulating legal relations in organizations, generally recognized principles and norms of international law in the field of combating corruption, the provision of the current anti-corruption legislation and other by-laws of the Russian Federation, norms establishing legal responsibility for corruption offenses in organizations, scientific works on these issues, information from the media, and judicial practice. Dialectical, system-structural, formal-logical, and other scientific research methods were used in this work. The study aims to substantiate corruption in commercial organizations as an independent criminological system/structural phenomenon. Organizations carry out their activities in various spheres of society, be it social, economic, political, spiritual, and others. Corruption in commercial organizations is a great public danger, as it encroaches on the everyday activities of commercial organizations and the interests of the state, society, and individual citizens. In the scientific literature, a significant number of scientific papers are devoted to various aspects of corruption in this area. At the same time, the question of the socio-legal characteristics of this type of corruption for the domestic legal doctrine remains open today. The article discusses the main signs of corruption in commercial organizations and its features.
Guliev S.A., Rzaev R.G. - Refusal to Recognize and Enforce Decisions of international Commercial Arbitrations on the Basis of Contradiction to Public Policy c. 37-48



Abstract: The relevance of this study is that due to the conditions of the globalization of the world economy and the development of international commercial turnover, the importance of international commercial arbitration is rapidly increasing. There is also complexity and ambiguity in understanding the legal category of "public order" because this institution is not a definitively regulated area of law enforcement in the modern legal order. This article’s research object is the social relations arising through the activities of arbitration courts in international commercial turnover. This work aims to identify the procedures, mechanisms, and features of applying the public policy clause in recognizing and enforcing international commercial arbitration decisions. When writing this article, both general scientific research methods, including analysis, synthesis, deduction, and induction, and special methods of cognition, such as comparative legal and descriptive methods, were used. One of the main methods in this work is comparative law, as it helps identify the similarities and differences of the legal systems under consideration, which are the subject of the study. The novelty lies in consideration of the correlation of issues concerning the legal nature of "public order," as well as the analysis of cases related to the procedure of refusal to recognize and enforce decisions of international commercial arbitration in the territory of a foreign state based on contradiction to public order. In the course of the study, the following conclusions were made. The complex problems that have formed in this area are almost impossible to solve by signing and putting into effect a single normative legal act at an international level. The list of cases applying this legal category in arbitration activities is non-exhaustive. The public policy clause is one of the most important components of the institutions of private international law. The institution of public order has an extraordinary character in the decisions of international commercial arbitration.
Kolobov R.Y., Ditsevich Y.B., Ganeva E.O., Borodin L.V. - The Potential of International Law for Regulating Tourist Relations at the World Heritage Site Lake Baikal c. 49-60



Abstract: The research subject in this article is the international and national practice of regulation and implementation of activities in the field of tourism in the Central Ecological zone of the Baikal Natural Territory. Based on the materials from the authorities as part of the analysis of the impact of tourism activities on the ecosystem of the "Lake Baikal" World Heritage site, conclusions are formulated about the possibility of deterioration of its ecological state and the emergence of social tension in the event of an increase in the number of tourists on its shores. The content of guidelines on the organization of tourism at UNESCO World Heritage sites is disclosed, and the most successful international practices of tourism management are correlated with the implementation of regional programs for the development and organization of sustainable tourism. The conclusion is formulated about the importance of collecting information about the tourist infrastructure and statistical data. The program documents defining the policy in the field of tourism in the Central ecological zone of the Baikal Natural Territory are analyzed, and the conclusion is made that there is no unified strategy for the development of Baikal as a World Heritage site. The factor of significant influence and participation of the local population in the implementation of tourist activities is noted, and the need for the involvement of the local population in the planning of tourist activities is indicated. The main content of the Global Initiative to Reduce Plastic Consumption in Tourism and recommendations for improving procurement activities in the tourism sector are revealed. The problem of compliance with moral and ethical requirements by stakeholders in tourism is noted as an underestimated problem. The study resulted in recommendations both on the modernization of the existing domestic regulatory framework and the development of new documents in the field of sustainable tourism.
Zaseeva A.S., Ivanova M.I. - The Problem of the Legitimacy of the Political Elite c. 61-67



Abstract: The object of this study is the problem of the legitimacy of the political elite. The subject of the study is the views of a number of Western and domestic researchers on the political elite. The study aims to generalize the views of theorists from different countries and periods of time regarding the qualities of the political elite as a legitimizing foundation. The dialectical method, which was used in the analysis of the categories of "political elite" and "legitimacy," their essence and interrelation, played a decisive role in achieving the goal of this study. This method has become key in understanding the texts of the works under study. The method of system-structural analysis allowed us to explore the views of the philosophers in question holistically – when the authors' positions complement each other and create a general picture of the understanding of the legitimacy of the political elite. The conclusion of the study is as follows: in the modern world, the main method of legitimizing the political elite is a democratic election procedure, but the choice of citizens should be based on a clear idea of the qualities of a political leader, confidence that the candidate has serious professional competencies, as well as deep moral convictions and moral principles. This will help to avoid falling under the power of amateurs who put their incompetence and lack of values, stability, and security in society at risk. The result of the study of the ideas of domestic and Western philosophers is the confirmation of the judgment that the legitimate political elite should be considered people with high moral and spiritual values acquired or consolidated as a result of traditional upbringing, classical education, military service, and long-term work experience in the social and political sphere.
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