编号 1 (2025)
- 年: 2025
- 文章: 14
- URL: https://journals.rcsi.science/2307-9525/issue/view/19112
THEORETICAL AND HISTORICAL LEGAL SCIENCES
УЧРЕЖДЕНИЕ СОВЕТСКОГО ФЕДЕРАЛИЗМА, 1918–1924
摘要
Background. In the Russian theory of the state, the topic of federalism naturally occupies a prominent place, bearing in mind the glorious history of the Soviet and Russian Federation. At the same time, the study of its initial stage is especially relevant against the background of attempts by Western authors to discredit the Russian federal model as "improper", "incorrect", unlike the American version of federal relations. Materials and methods. The analysis of the federalization process in our country was carried out on the basis of published state and legal sources in a comprehensive manner – using not so much historical and legal approaches as historical and state studies approaches. A wide range of published sources, articles and monographs was used. The comparative method as applied to the solution of national problems in different regions, as well as the methods of analysis and synthesis, proved to be extremely useful. Results. The author stated that the first documents of the Soviet power, adopted in 1918, did not contain the necessary specifics, which can be explained by the lack of the necessary practical experience. The difficulties of solving the national question in 1918–1919 are shown using the example of Turkestan and the Tatar-Bashkir Republic. The limited resources of the Bolsheviks in relation to the Baltics are demonstrated. An explanation is given for the increased conflict potential in Ukraine and the mistakes of the Bolshevik leadership in terms of excessive leniency towards Ukrainian nationalism are noted. At the same time, I.V. Stalin was more of a strategic realist than V.I. Lenin, who limited himself to solving only tactical problems. The Treaty of December 30, 1922 on the creation of the USSR was, to a certain extent, an agreement of intent. Its revision and specification were carried out throughout 1923. The party leadership had to counteract the hidden manoeuvres of Ukrainian nationalists and Muslim separatists, as demonstrated by the materials of the 13th Congress of the RCP(b) and the 5th Conference of the Central Committee of the RCP with responsible officials of the national republics. Thus, it was possible to defend the optimal design of the USSR in its initial outlines consisting of 4 union republics, the core of which was the RSFSR, dominant in area and population. Conclusions. The process of federalization of our country should not be understood narrowly, reducing everything to the Union Treaty of December 30, 1922, but broadly - in all its duration and complexity. In early 1922, the preliminary stage of consolidation of the Soviet republics ended, and the process of proto-federalization was finally completed at the end of 1922. The very establishment of the federal state during 1923 concentrated two simultaneously ongoing processes – constitutional consolidation and the formation of institutions. In this, the USSR differed from classical bourgeois federations (for example, the USA), where these processes developed sequentially, since the extraordinary conditions of the organization of our country required the concentration of all efforts.



FORMS OF RELATIONSHIP BETWEEN THE STATE AND CIVIL SOCIETY
摘要
Background. Issues of effective governance in a developed civilized state require not only competent, wise and qualified decisions on the part of government officials, but also determine the need for feedback from representatives of the public. Given the specifics of Russian society, the main subject of society that is capable of constructively interacting with the authorities is civil society, which includes the most proactive, caring subjects with an active civic position, interested in the qualitative improvement of issues of public process management. To ensure interaction between the state and civil society, legal and non-legal forms of communication between the state and civil society have been formed, designed to ensure the effective and constructive nature of this communication. The purpose of this article is to analyze the main legal and non-legal forms of communication between the state and civil society. Materials and methods. The implementation of the research objectives was achieved based on the analysis and generalization of the formed forms of communication between the state and civil society institutions. Results. The substantive content of the main legal and non-legal forms of communication between state authorities and civil society institutions was studied. Conclusions. The legal forms enshrined in regulatory legal acts and the non-legal forms of communication between the state and civil society formed in practice are designed to ensure constructive interaction between public authorities and the most active and concerned members of our society, and are capable of ensuring the development of the most optimal models in the field of public administration.



FORMATION AND ACTIVITY OF THE RYAZAN DISTRICT COURT IN THE SECOND HALF OF THE XIX CENTURY
摘要
Background. The article examines the process of the emergence and strengthening of Russian regional judicial bodies in the post-reform period on the example of the Ryazan province. The relevance of the disclosure of this problem is determined both by the need to study the existing positive historical experience of reforming management structures, and by modern needs for improving the activities of the judicial system. The objectives of the work include an attempt to identify and characterize the causes and circumstances that contributed to the reform of judicial authorities at the regional level. Of considerable interest is the analysis of the evaluation of the effectiveness of judicial activity in the context of the transition to an all-academic jurisprudence. New tasks required changes in approaches to recruitment and personnel management in judicial institutions. Materials and methods. Archival and documentary sources of the late 19th century, as well as the works of modern researchers, are used as the basic materials of the study. The methodological basis is the dialectical principles of scientific cognition and a systematic approach, which includes methodological tools at various levels. Results. The result of the study was the disclosure of the main activities of the Ryazan District Court in the first decades of its existence. Conclusions. The main conclusion is that the implementation of the judicial reform of the second half of the 19th century should be assessed as an integral part of an integral system of administrative and legal transformations in the context of the transition from the feudal to the bourgeois state and society. Of particular interest are the local regional features of the implementation of these processes.



ESTABLISHMENT OF THE CLASSIC SCHEME OF SEPARATION OF POWERS IN THE AMERICAN FEDERALIZING STATE, 1776–1789
摘要
Background. The establishment of the classical scheme of separation of powers in the
American state occurred in the period from 1776 to 1789. At this time, the foundations of American
statehood were laid and a system of governing the country was formed. During this period, important
documents were adopted, such as the US Declaration of Independence (1776) and the US Constitution
(1787). They established the principles of a republican structure, a federal state and the separation
of powers into legislative, executive and judicial branches. The main purpose of the study is to consider
the approval of the classical scheme of separation of powers in the American federalizing state of
1776–1789. Materials and methods. To reveal the scientific plot, historical materials are used, as well
as a comparison method, which allows us to trace the approval of the classical scheme of separation of
powers in the American federalizing state in the period 1776–1789. Results. The impulses contributing
to the establishment of the classical scheme of separation of powers in the American state in the period
1776–1789 are analyzed. A number of specific circumstances are revealed that contributed to the optimization of public administration in America by balancing all links of the state mechanism. Conclusions.
The process of approving the classical scheme of separation of powers was complex and lengthy. It was
accompanied by conflicts between supporters of different models of government and ended with the
adoption of the US Constitution. This document became the basis for the further development of American democracy and the formation of modern American society. The classic scheme of separation of
powers became the basis for the formation of a system of checks and balances, which ensured balance
between the various branches of government and prevented abuse of power. The legislative branch was
represented by Congress, consisting of two chambers: the House of Representatives and the Senate.
Executive power belonged to the president, who was the head of state and government. Judicial power
was exercised by the Supreme Court and lower courts.



THE EVOLUTION OF THE INSTITUTE OF CONCILIATION PROCEDURES IN RUSSIA: HISTORY AND MODERNITY
摘要
Background. The relevance of the historical and legal appeal to the phenomenon of "conciliation procedures in law" is due to the consistent constitutionalization of public life, the search for alternative ways to traditional justice to resolve disputes and conflicts, primarily in the field of private law, the nature of which "a priori" implies mutual concessions and compromises, negotiations, mediation, and the preservation of business partnerships. In the context of such trends in the field of justice, the stated purpose of this article is to study the evolution of the institute of conciliation procedures both at the level of history and theory of law and the state, and within the framework of procedural and legal science, is scientifically and practically significant, allows us to identify prospects and problems that complicate the process of further introduction of conciliation procedures into the law enforcement practice of the modern Russian State. Materials and methods. Based on the method of historical and legal analysis, the article examines the process of formation and development of the institute of conciliation procedures, identifies their essence, common and distinctive features, and determines the prospects for use in modern conditions. The empirical material of the research conducted in the article consists of historical monuments of Russian law (from the Novgorod birch bark letters to the Charter of Civil Procedure dated November 20, 1864), Soviet and current Russian legislation regulating the implementation of conciliation procedures. Results. The trends in the development of judicial proceedings, expressed in the promotion of peaceful settlement of disputes in the administration of justice, are studied from a historical and legal point of view, the patterns of the formation of justice are determined not just as one of the forms of exercise of public power, but as areas of joint application of the efforts of the state in the person of judicial authorities and civil society, the advantages of using conciliation procedures in judicial activity, contributing to a more fair and effective resolution, first of all, of private law disputes. Conclusions. The idea is substantiated that the ability to resolve a legal conflict at the discretion of the disputing parties through conciliation procedures is one of the manifestations of the principles of self– government and freedom of civil society. And the evolution of the legal regulation of conciliation procedures in Russia confirms the revealed pattern, reflecting the expansion or narrowing of the limits of the dispositive principles of state legal policy.



THE FIGHT AGAINST CORRUPTION IN RUSSIA: HISTORICAL AND LEGAL ASPECTS
摘要
Background. The fight against corruption in Russia should be considered, in our opinion: firstly, through the prism of history due to the fact that many of its categories are literally absorbed into the state framework of the state, the mentality of the people, etc.; secondly, corruption crimes are a huge threat to the national security of the country. The purpose of the article is to analyze the evolution of the fight against corruption in Russia and correlate it with threats to the national security of the state. Materials and methods. The implementation of the research tasks was achieved on the basis of an analysis of the historical features of the fight against corruption in Russia, which should be considered through a formal legal approach, which worked from time to time, but did not have consistency, orderliness, which led to further transformation and latency of these crimes on the one hand, and on the other, to distrust of state institutions and the huge divide between the government and society. A special place in this study should be given to historical facts that reveal the essence of today's fight against corruption. The methodological potential includes methods of historical and legal and comparative legal analysis, which allow us to compare the content and significance of historical categories of combating corruption risks of today. Results. The historical and legal features of the fight against corruption in Russia are investigated. Throughout history, attempts have been made to formally eradicate this problem, but it has become so embedded in the daily life of the state that it is very difficult to eradicate it today. It has acquired a latent character and requires drastic measures. Otherwise, it will cause a number of negative factors, including an absolute lack of people's trust in the state and undermining the national security of the state. Conclusions. The study of the historical and legal aspects of the fight against corruption in Russia made it possible to understand the causes, grounds and content of corruption risks, which should be considered through a huge watershed between the government and society. The key fact in solving this problem should be sought in the institute of public control, strengthening the influence of civil society not from the formal, but from the factual side of this issue.



PUBLIC LEGAL (STATE LEGAL) SCIENCES
THE RUSSIAN FEDERATION IS THE LEGAL SUCCESSOR OF THE USSR
摘要
Background. The relevance of the research topic is determined by its scientific, theoretical and practical significance. In scientific and theoretical terms, the study of this problem makes it possible to deepen our understanding of modern Russia as the legal successor of the USSR. In practical terms, the topic is significant from the point of view of further development of Russian legislation based on the constitutional provisions on the succession of the Russian Federation to the USSR. The purpose of the article is to attempt to consider the Russian Federation as the legal successor of the USSR in legal terms. Materials and methods. The article uses the necessary range of sources of law – normative legal acts of the Soviet period and modern Russia. The research methods used were logical, historical, comparative legal methods, the method of analysis and synthesis. Results. The article substantiates the idea of the Russian Federation as a successor state to the USSR. Conclusions. Based on the analysis carried out in matters of succession by the Russian Federation of the former USSR, a conclusion was drawn about partial succession, since the identity of the previous state was not lost and one part of the former state remained the Russian Federation, retaining the rights and obligations of the former state. Therefore, in this case it is necessary to talk about the continuity of the state, assuming the continuity of the existence of the state, including after its division. In this regard, the Russian Federation is not just the legal successor of the USSR, but the successor state of the USSR. This succession can be traced both in the role and place of Russia in international relations, as well as in issues of state security, in the foundations of the constitutional system, in state-building, and in traditional values inherited from previous eras.



ENSURING NATIONAL SECURITY AS A PRIORITY AREA FOR THE DEVELOPMENT OF THE RUSSIAN STATE
摘要
Background. The current regulatory framework in the Russian Federation on national security issues allows us to see not only the shortcomings of regulation in this area, but also to identify ways to further improve it. The lack of conceptual clarity inevitably led to the emergence of a wide variety of interpretations regarding the legal nature and essence of not only state and national security, but also others closely related to them. Undoubtedly, the Russian state must respond in a timely manner to events taking place on the world stage and be able to protect the interests of its population. National security can be really ensured only in a state governed by the rule of law, therefore, the key task of state institutions is to protect the integrity of the state and legal space, which is capable of ensuring the realization of vital needs of both the whole society and each individual individually. The purpose of the research is to analyze the development of scientific and legislative approaches to the concepts of state and national security; to determine the place of ensuring national security at the current stage of development of Russian society. Materials and methods. The methodological basis of the research was made up of general scientific and private scientific methods, such as analysis, synthesis, historical-legal, formal-logical, comparative-legal. Results. As a result of the conducted research, the priority directions of the development of the Russian state have been identified. Conclusions. The article concludes that there is currently a need to develop a new mechanism for the division of powers between public authorities in the country, ensuring human and civil rights and freedoms, as well as creating a favorable socio-economic environment for society and the state.



SOCIAL STRUCTURE, SOCIAL INSTITUTIONS AND PROCESSES
THE FORMATION OF HIGH-QUALITY TRAINING OF UNIVERSITY GRADUATES IS AN INSTITUTIONAL FUNCTION OF DIGITALIZATION OF HIGHER EDUCATION
摘要
Background. The problems of ensuring high quality of higher education in the context of its digitalization are caused by the need to form an optimal model of higher education in modern Russian society, allowing university graduates to achieve high social statuses. The purpose of the article is to investigate the factors influencing the formation of high quality higher education as an institutional function in the context of its digitalization, and to determine the possibilities of regulating the process of digitalization of higher education to improve its quality. Materials and methods. A questionnaire survey of teachers of Penza State University and a secondary analysis of the results of the assessment of the quality of higher education, based on the materials of Kazan (Volga Region) Federal University and Saratov State University. A SWOT analysis scheme was used to determine the possible effects of digitalization on ensuring the quality of higher education. Results. The quality indicators of higher education were studied based on the results of an independent assessment and survey of teachers and students in three different universities of the Volga region (in the cities of Penza, Kazan, Saratov). Three important groups of factors at different levels of quality assurance of higher education are characterized: material and technical support: computer and digital literacy, and motivation. It is determined that these groups of factors can create different levels of digital inequality, which will serve as the basis for further social stratification of society. Conclusions. Based on the SWOT analysis, the prospects and problems affecting the quality of higher education are identified. Practical activities have been identified to reduce social risk factors and apply factors to improve the quality of higher education in the context of digitalization, in order for graduates to achieve high social statuses. Some practical directions for improving the quality of higher education in the context of digitalization are named.



CHINESE VECTOR OF RUSSIA'S FOREIGN POLICY: BASED ON SOCIOLOGICAL RESEARCH MATERIALS
摘要
Background. The eastern direction of Russia's foreign policy has always been present in the regional priorities, but it has become especially relevant after the changes that have taken place in the international arena in recent years, which was primarily due to the new political realities and significantly increased sanctions pressure on Russia from Western countries. This necessitated a shift of economic and political emphasis to the eastern direction. Today Russia and China have entered a new format of strategic interaction. The aim of the article is to study the evolution of conceptual provisions of Russia's foreign policy towards China and sociological analysis of the attitude of Russians and young people to building modern Russian-Chinese relations. Materials and methods. The conceptual parameters of the Chinese vector in the foreign policy course of the Russian Federation are considered on the basis of the analysis of the Concepts of Russia's foreign policy. The study of the perceptions of Russians and modern student youth of Russian-Chinese relations is carried out based on the materials of the author's qualitative and quantitative research in 2024–2025 and the results of All-Russian polls of Russian Public Opinion Research Centre 2023–2024. Results. Based on the study of the Concepts of Russia's foreign policy, the evolution of its eastern vector is presented. The materials of author's and all-Russian researches allowed to reveal the attitude of Russians, including young people, to the construction of Russian-Chinese relations at the present stage. Conclusions. The Eastern vector in Russia's foreign policy is dominant today. Russia views China as an equal strategic partner. For China, Russia is one of the favorable partners on the continent. Russians. Among Russians and in the youth environment there is support for the eastern direction of Russia's foreign policy, and the forced nature of this “U-turn” is emphasized. Young people consider China as a partner, to a greater extent, in the economic sphere, and contemporary Russian-Chinese relations are characterized as friendly. At the same time, today's young people are also concerned about the possible future hegemony of China and the economic threats that may arise in Russian-Chinese relations.



STATE SYMBOLS IN THE PERCEPTION OF RUSSIAN AND FOREIGN STUDENTS: A COMPARATIVE ANALYSIS
摘要
Background. In the context of globalization and cultural transformation, state symbols play a crucial role in strengthening national identity and uniting citizens. Modern challenges, including information wars and political instability, necessitate research into the attitudes of young people toward state symbols. The article aims to conduct a comparative analysis of the perception of state symbols by Russian and international students, identifying factors that determine national pride and the level of patriotic consciousness. Materials and methods. The study is based on data from a questionnaire survey conducted among Russian and international students. Quantitative and qualitative analysis methods were used, including statistical processing of results and interpretation of data within the framework of theoretical approaches to national identity. Results. The analysis revealed that state symbols evoke a sense of pride in the majority of respondents, but international students demonstrate a higher level of attachment to national symbols. For both groups, the key factor of national pride remains the country's history; however, international students more often associate pride with national symbols, while Russian students link it to historical victories. State institutions are not a significant source of pride in either group, indicating a critical attitude of youth toward political structures. Conclusions. National pride is shaped by universal factors (history, culture, nature), but the cultural and political context of a country influences the perception of state symbols. In the Russian context, patriotism is oriented toward historical achievements, while in foreign countries, it is focused on national symbols and territorial belonging. To enhance the significance of state symbols among youth, it is advisable to use interactive educational projects and modern media formats.



HISTORY OF PHILOSOPHY
«ΕΙΔΟΣ»: FROM PLATO TO ARISTOTLE
摘要
Background. The relevance of this study is related to the fact that many modern achievements of science are due to the speculative constructions that were formulated by representatives of classical ancient philosophy more than 2,400 years ago. It was Plato and Aristotle who laid the foundations of systematization and classification. Aristotle's work "Categories" represents the beginning of all scientific and theoretical knowledge, as it acts as a generalization of data. The principles he laid down have found their practical application in logic, theory of knowledge and epistemology, which makes their study especially important for the production of new scientific knowledge. Turning to the study of the main trends in the development of scientific knowledge in the 20th century, it is worth saying that the signs of the division of things proposed by Aristotle found their application in the works of both prerevolutionary and Soviet researchers. This confirms the relevance of the problem under study. The purpose of the work is to define Aristotle's interpretation of Plato's concept of "είδος" and to consider the main ways of classifying genera and species of this concept. Materials and methods. To achieve this goal, general scientific methods were used: analysis, synthesis, deduction, classification. The source base for the research was the texts of key works of Aristotle: Metaphysics, Physics, Categories. Results. The nature of the "concept" as a form of thought remains largely Aristotelian, as something formed from the essential features of an object with permanence. Conclusions. The authors, after analyzing the evolution of the concept of "είδος" in the works of Plato and Aristotle, come to the conclusion that the existence of each "είδος" in Plato's opinion is transformed into a separate thing, according to Aristotle, and becomes an individual substance, "something". Universals, however, acquire an accidental character within the framework of his ideas. Their existence allows us to see hierarchy in genera and species, which makes it possible to classify genera and species, which enables usto talk about the systematization of the studied objects. According to Aristotle, the universal can be attributed to several things and is not a substance, since the latter is only a subject demonstrating its own principle of existence.



PHILOSOPHICAL ANTHROPOLOGY, PHILOSOPHY OF CULTURE
THE PARADIGM OF THE "ADULT HUMAN" IN EDUCATION FOR THE MODERN WORLD
摘要
Background. The purpose of the article is to determine the anthropological foundations and substantiate the paradigm of the "adult human" for modern education. Relevance is due to the confrontation between the humanistic and managerial paradigms and the competition of the main post-industrial scenarios, as well as the purpose of education to develop a person capable of understanding the problems and challenges of the world and responding to them. In this light, the problem of the "adult human" that has not been sufficiently understood until now is especially relevant: the mode of maturity – the state and way of being of a person, opposed to the immaturity manifested in adults. Materials and methods. The study is carried out based on the perception of the phenomenon of a person as their experience in the phenomenological approach, as a result of which the author's anthropological concept of the layering of experience, which has a complex nature, is developed. A special place in the study is occupied by the concept of subjectivity, developed in the vein of the philosophical voluntaristic tradition. The problems of the modern world and education are analyzed based on the works of foreign and domestic philosophers and scientists who have studied civilizational and mental processes in society and education. Results. The author's anthropological concept encompassed the layers of experience: "order" – common to all phenomena, "living", in which the unity of its experience with all life is revealed; "living being", which determines the experience of animals in general; and "human-in-particular" – phenomena specific to humans. The mode of "adult human" is defined as a complete identification of the essential characteristics of each of the layers of human experience, as well as the ability to act in relation to another/others corresponding to these layers as a result of development, realizing the deployment of human subjectivity. Conclusions. Based on the achieved anthropological understanding, the proposed solutions for education are defined, taking into account the interpretations known in history, as well as the ideas of everyday consciousness about it and the phenomenon of "essential education". The educational paradigm of the "adult person" is affirmed in a number of basic principles: orientation towards the anthropological mode of maturity; "turn to subjectivity"; otherness; humanistic and anthropo-subjectivity nature of the paradigm. The latter means that a person is taken not as the centre of the Universe in the picture of the world, education and culture, but in the perspective of subjectivity, manifesting in its existence the unity of oneself and the other/others, due to which the centre of attention of education becomes the responsibility of a person.



SECULAR AND RELIGIOUS HUMANISM IN THE CULTURAL PICTURE OF THE WORLD (REVIVALISM, EXISTENTIALISM, TRANSHUMANISM)
摘要
Background. The cultural picture of the world implies the analysis of a set of value attitudes, cultural norms and traditions that are formed in a certain period of time, in this or that culture. Materials and methods. The realization of research objectives was achieved on the basis of the analysis of philosophical texts that characterize the understanding of secular (atheistic) and religious humanism. The research methodology is based on the application of hermeneutic method (description and analysis of philosophical literature), comparative-historical (description of transformation processes in the development of humanistic tradition). Results. The analysis of philosophical and research literature on humanism and its forms allowed us to consider it as a concept of the emerging cultural picture of the world in the Italian Renaissance, twentieth and twenty-first centuries (on the examples of literary and philosophical works of the Renaissance, existentialism and transhumanism). The presented materials can be applied in the study of culturological phenomenon – cultural picture of the world, as well as in philosophy – in the study of humanistic theory and its current state. Conclusions. We believe that the ideas about man, set forth in the works of writers of the Italian Renaissance, existentialism and transhumanism will allow us to substantiate the specificity of the picture of the world and the peculiarities of the development of the substantive foundations of the humanistic tradition, its division into secular and religious forms. The ideas and values of religious and secular humanism allow us to clarify the complexity and contradiction of humanism as a phenomenon, the nature of its division into two forms in the history of mankind. The existence of religious and secular humanism emphasizes the need of an individual to find ontological grounds of human existence and to fill the meanings of his existence with proximity or remoteness from the Supreme Absolute. In the cultural picture of the world, this is expressed by the primacy of religious or secular concepts, which are transmitted by each person as evidence of his or her involvement in humanistic theory and practice.


