Law and Politics
ISSN (online): 2454-0706
Media registration certificate: ЭЛ № ФС 77 - 69664 от 02.05.2017
Founder: NB-Media Ltd.
Editor-in-Chief: Danilenko Denis Vasilyevich, Doctor of Sc., Full Professor
Frequency / Assess: 12 issues per year / Open
Included in: Higher Attestation Commission list, RISC
Ағымдағы шығарылым
№ 3 (2025)
- Жылы: 2025
- Мақалалар: 8
- URL: https://journals.rcsi.science/2454-0706/issue/view/24705
Бүкіл шығарылым
Articles
Intentional Analysis of Social Acts in Adolf Reinach’s "The Apriori Foundations of the Civil Law"
Аннотация
The subject of this study is the intentional analysis of social acts in Adolf Reinach’s "The Apriori Foundations of the Civil Law" (1913) within the framework of Edmund Husserl’s phenomenology from the Logical Investigations' period. The research investigates the structure of social acts as intentional experiences, including their immanent components and the connections between them through the lens of intentional analysis. A critical examination is provided of the "linguistic" interpretation of Reinach’s a priori theory of law, particularly the contentious reduction of social acts to speech acts (J.L. Austin, J.R. Searle). Special attention is given to the absence of a methodological section in The Apriori Foundations of the Civil Law, which necessitates the reconstruction of phenomenological analysis of social acts within the jurist’s work. The aim of the article is to undertake a problem-theoretical reconstruction (following D.I. Lukovskaya’s interpretive method) of the methodology underlying Reinach’s phenomenology of law. It conducts a comparative analysis of Husserl’s Logical Investigations and Reinach’s works on social acts — The Apriori Foundations of the Civil Law, The Essence and Systematics of Judgments (1908), and Non-Social and Social Acts (1911). The novelty lies in the application of intentional analysis to social acts. The study reconstructs the process of analyzing social acts using Husserl's framework and shows how Reinach's method is consistent with phenomenological principles. This paper argued: 1) every social act is an intentional experience that constitutes part of the complex intentional experience termed an "effective social act"; 2) the inner experience of a social act is a partial intentional experience whose objective correlate is identical to the intentional object of the social act. Thus, Reinach’s apriori theory of law explores legal experiences and their interconnections through Husserlian phenomenology (Logical Investigations), despite Reinach’s phenomenology retains a realist orientation.
Law and Politics. 2025;(3):1-18
1-18
About the legal regulation of generative artificial intelligence in China
Аннотация
The subject of the research is modern technologies of generative artificial intelligence (GII), their impact on society and law (using the example of China). The rapid development of GII is associated with the growth of venture capital investments and active support from large technology companies and states. Since 2022, China has adopted a number of laws on the regulation of artificial intelligence. At the same time, the PRC focuses on the unconditional protection of state security and national interests. An important aspect of AI regulation in China is the desire to form an AI bill that significantly expands the regulatory architecture. It is expected that the bill will be adopted during 2025, which will contribute to a more complete and detailed regulation of artificial intelligence. In the course of the research, the author used the following methods of cognition (research methodology): dialectical method of cognition, general scientific empirical methods of cognition (comparison and description), general scientific theoretical methods of cognition (generalization and abstraction, induction and deduction, analogy), as well as private scientific empirical methods of cognition (method of interpretation of legal norms) and private scientific theoretical methods cognition (legal and dogmatic). The main conclusions of the study are as follows. To date, the draft law on AI proposed by Chinese legal scholars is still under discussion, but it is already clear that it significantly complements and expands the already established architecture of legal regulation of artificial intelligence in the People's Republic of China. It contains a lot of bold ideas (for example, about the legal protection of data obtained as a result of the work of the GII). It seems that during 2025, the specified draft law (apparently with improvements) will be adopted. Based on the existence of regulatory legal acts that have already entered into force and are currently in force regarding artificial intelligence (including generative), as well as trends towards the rapid formation of the basic law on AI, it clearly follows that China is following the path of legal regulation of this area for general use within the PRC, while giving freedom of use and study AI for government purposes, in order to protect national interests.
Law and Politics. 2025;(3):19-29
19-29
Realpolitik, noopolitik and cryptopolitik: on the issue of the Peculiarities of the Russian Foreign Policy Course at the present stage
Аннотация
The subject of this research is the analysis of the features of the Russian foreign policy course at the present stage through the prism of the concepts of realpolitik, noopolitik and cryptopolitik. Based on the subject of the article, the author makes : a general overview of Russia's foreign policy, an analysis of the terms realpolitik, noopolitik, cryptopolitik, highlighting the features of Russian foreign policy characterized by the above-mentioned terms. To solve these research tasks, the following media resources were used : TASS, Kommersant, Fontaka, the Levada Center, Forbes, Reuters, YouTube , etc. The methodological basis of this research consists of using the results of monitoring various media resources, political science literature on the issue. The author used an analysis of the current, rapidly changing political situation, which gives relevance and practical significance to this research. The novelty of this work lies in the study of the features of the modern Russian foreign policy, its conditioning factors. The author of the article consistently examines the prerequisites for the emergence of the current configuration of international relations since the entry of the Russian state as a sovereign player on the international political scene. This allows us not only to single out and use the terms noopolitik and cryptopolitik, which are still poorly developed in Russian political science, but also to fill them with new content in relation to the topic of the article, as well as to put forward a whole range of recommendations for adjusting the current Russian foreign policy, mainly against the background of its conduct in Ukraine. The author of the article analyzed the current, rapidly changing political situation, which, in his opinion, gives relevance and practical significance to this study.
Law and Politics. 2025;(3):30-64
30-64
The Impact of the Normalization of Turkish-Egyptian Relations on the Political, Economic and Geopolitical Spheres
Аннотация
Relations between Turkey and Egypt, which worsened after the fall of the government of Mohammed Morsi on July 4, 2013, began to improve after a 10-year hiatus. In 2023, the diplomatic representation was mutually increased. Representatives of the two countries came together and signed cooperation agreements. This article examines the consequences of the normalization of relations between Turkey and Egypt in the political, economic and geopolitical spheres. The purpose of this article is to study the impact of the steps taken by the administrations of Turkey and Egypt to normalize relations on the political, economic and geopolitical spheres between the two countries. The mutual policies and strategies of the Turkish and Egyptian governments were examined within the framework of the institutional method. In this direction, official documents were examined within the scope of conceptual analysis and discourse analysis was conducted based on the statements of authorities. Economic relations were addressed by examining official data with the statistical analysis method. Although much research has been conducted on Turkish-Egyptian relations, there is not enough research on the effects of the recently initiated normalization process in various fields. This article fills this gap. The article concludes that the normalization of relations between Turkey and Egypt has had a positive impact on bilateral relations in various fields, but relations between the two countries have not yet been established on a structural and regular basis. Relations are still fragile due to ideological differences between the governments of Turkey and Egypt, as well as instability in the region. The article concludes that if Turkey and Egypt sign an agreement determining the maritime jurisdiction boundaries in the Eastern Mediterranean, relations between the two countries will reach a structural and strategic level.
Law and Politics. 2025;(3):65-77
65-77
Expansion of the directions of experimental legal regimes (on the example of the federal territory "Sirius")
Аннотация
The subject of the research in this article is the analysis of the prerequisites for the creation of experimental legal regimes in the legal legislation of the Russia. The authors have identified the positive effects of establishing experimental legal regimes in the context of the need to ensure technological sovereignty and train personnel with maximum immersion in the information technologies. The subject of the research is the analysis of the prerequisites for the creation of experimental legal regimes in the legal regulation of the Russian Federation and the expansion of their scope. The authors have identified the positive effects of establishing experimental legal regimes in the context of the need to ensure technological sovereignty and train personnel in a short time and with maximum immersion in the field of information technology, as well as identified the risks to the Russian legal system caused by the rapid spread of the practice of using this tool. The author's attention is also focused on the specifics of testing innovative approaches in the field of education within the framework of the experimental legal regime in the federal territory of Sirius. The author concludes that the need to mitigate the risk of loss of stability by the rule of law indicates the need to create a federal regulatory legal act that will create a unified conceptual framework, introduce a standard for establishing experimental legal regimes, and create a parametric scale of indicators for monitoring the effectiveness and efficiency of experimental legal regimes.
Law and Politics. 2025;(3):78-89
78-89
Blockchain as a technological means of ensuring copyright protection of the results of intellectual activity
Аннотация
The subject of the article is the legal forms of using blockchain as an independent technology that ensures the protection of originality and confirmation of authorship in relation to intellectual property objects. The article reveals the current areas of blockchain use, within which this technology allows solving traditional problems of information security and identification of copyright objects. As part of the improvement of the mechanism of private law regulation in this area, it is proposed to use blockchain to create public registers of copyright objects, which will contain information about the created work, the presence of legal disputes in relation to these works, as well as other information that will reflect the main characteristics of the work as an object enjoying copyright protection. This requires the development of legislative initiatives that form unified state standards for the placement of information about copyright objects in a distributed database. Based on the use of a systematic approach and formal legal analysis, the article discusses specific ways to introduce blockchain technology into the mechanism of copyright protection. Blockchain technology can be used to create public registers of copyright objects, which will contain information about the created work, the existence of legal disputes in relation to these works, as well as other information that will reflect the main characteristics of the work as an object enjoying copyright protection. The creation of such a registry is possible in both single and multiple versions. If there are several registers of copyright objects, it is advisable to create mechanisms that exclude the possibility of duplication of the same work. Blockchain technology allows to confirm the authenticity and uniqueness of a copy of a work, but does not provide the buyer of the token with automatic rights to use the work outside the framework established by the copyright holder. Thus, in order to strengthen trust and protect the rights of buyers of NFT tokens, comprehensive solutions aimed at verification and confirmation of authorship are needed. In order to ensure to users that the issue of the NFT token is actually carried out by the author, there are several solutions. One of the most reliable methods is to use the services of a notary, who can officially confirm the creation of a work of art or any other object presented in the form of an NFT by its author.
Law and Politics. 2025;(3):90-99
90-99
On the issue of the specifics and classification of court decisions in criminal cases subject to appeal
Аннотация
This article is devoted to the analysis of the legal regulation and practical activities of the courts of appeal for the review of judgments in criminal cases. The author focuses on the specifics of court decisions in criminal cases subject to appeal. In particular, the author examines in detail the features of the appeal of both final and interim court decisions in criminal cases. In addition, in the presented scientific research, the author pays special attention to the legal analysis of some restrictions regarding the appeal of court decisions. At the same time, the author analyzes the positions of the higher courts regarding the appeal of court decisions in criminal cases, and also provides relevant examples from judicial practice. The methodological basis of this research consists of the dialectical method of scientific cognition, logical, comparative legal research methods, as well as methods of analysis and synthesis, induction and deduction. The author focuses on the need to distinguish between final and interim court decisions in criminal cases, analyzing both the legislative definitions of these concepts and the doctrinal definitions of these terms. Moreover, the author substantiates the conclusion about the influence of this distinction on the procedure for appealing court decisions in criminal cases. The novelty of the presented scientific research lies, in particular, in the fact that a systematic legal analysis allowed the author to classify interim decisions of the court of first instance that have not entered into force, depending on the possibility of their independent appeal before the final court decision in the criminal case. In addition, the author's special contribution to the research of the topic of the systematization of legislative restrictions concerning the appeal of court decisions in criminal cases on appeal.
Law and Politics. 2025;(3):100-111
100-111
The development of the prohibition of warfare in the religious movements of the Middle Ages
Аннотация
The subject of this study is the consideration of the prohibition of warfare in various religious movements during the Middle Ages. The author has chosen such confessional movements as Christianity and Islam for analysis. Special attention is devoted to the study of theological literature to substantiate the position on the differences between war and aggression. Thus, the author notes that at all stages of historical development, people sought to limit violence, including such a legalized form of it as war, because violence contradicts the nature of human civilization. At the same time, the religious movements under consideration have always had features that characterize the war as justified and just. The novelty of this study lies in the fact that for the correct interpretation of the term "war" and "aggression" at the present time, as well as determining the evolution of the prohibition of warfare, a comprehensive review of the formation of the institution of war in religious movements of the Middle Ages is conducted by the author using such methods as historical, formal dogmatic, comparative, as well as methods of analysis and induction. The main conclusions of this study are that just war and aggressive war are two opposite concepts that represent an important aspect of international relations and the rule of law. Within the framework of the moral foundations and principles of a just war, there is a certain system for assessing the legality and moral permissibility of military action. An important aspect here is the compliance of the war with certain criteria, such as necessity, proportionality, inadmissibility of violations of human rights and the principles of humanity. All denominations opposed aggressive wars, and paid special attention to the classifications of the causes of wars in order to establish their justice. The author's special contribution to this study is to turn to foreign theological sources, as well as to the philosophy of canon law for a more detailed consideration of the relevant topic.
Law and Politics. 2025;(3):112-125
112-125