Suchergebnisse

The article postulates that progress in the development of the rule of law is inconceivable without the formation of legal culture. Such a process is complex due to the multidimensionality of legal culture, included in the gen-eral culture of the people, and the secondary nature of legal values in relation to general cultural values. The author distinguishes objective and subjective factors of legal culture formation in the modern socio-cultural space. Objective factors include globalization processes in the world that have fully affected Russian society and the state, as a result of which there is an undermining of the foundations of Russian legal culture and de-formation of the targeted mechanisms for its formation, such as legal education and upbringing, which inevita-bly leads to destructive processes in other subsystems – economic, political and spiritual. Among the subjective factors, the author highlights the value orientations and attitudes of all subjects-bearers of legal consciousness towards legal behavior and involvement in positive changes in legal reality, which act as internal motivators of external forms of expression of the level of legal culture. The author emphasizes the importance of reforming the institute of education and upbringing as the main mechanism for the formation of subjective factors of legal culture in the context of legalization of all spheres of life of modern man, and actualizes the need to create a unified system of competencies in the field of legal knowledge, skills and abilities for graduates of schools, universities and colleges of non-legal areas in accordance with the strategy of building a law-governed state. The importance of the formation of value orientations and attitudes for carriers of professional legal conscious-ness is stressed, as the level of legal culture depends on personal example and quality of performance of offi-cial duties. Among the measures directly dependent on state institutions is the formation of a strong state ideol-ogy based on the national foundations of Russian culture, taking into account the factors of multi-ethnicity and multi-confessionalism, which act as a platform for the legal culture of the individual, group and society as a whole.

Mediation as a method of resolving labor, family, civil and other disputes is not an innovative approach. The use of this procedure depends on many factors, the most important of which are both the desire of the parties to the dispute to agree and fully participate in a constructive dialogue, as well as the professionalism of the mediator – an independent mediator who helps disputing parties to find common ground and come to a mutu-ally beneficial solution. However, some aspects of the mediation procedure are quite controversial and require detailed analysis. The article examines the institution of the mediation procedure and its implementation as a form of legal regulation. The author acknowledges that it is necessary to attribute mediation to non-jurisdictional forms of protection, while the issue of recognizing mediation as one of the ways of self-defense of civil rights in the system of non-jurisdictional form is quite debatable. The author criticizes the position on the application of the mediation procedure in a legal conflict through its recognition as an institution of self-defense. Considering the problem of the relationship between self-defense and self-regulation, the author de-fends the position that self-defense is realized in a protective legal relationship and arises from an illegal legal action. At the same time, legal conflicts leading the disputing parties to the mediation procedure do not have such a feature. In connection with the foregoing, the author comes to the conclusion that it is impossible to rec-ognize the mediation procedure as such a way of protecting civil rights and substituting the studied concepts in law. As a conclusion, the author presents his own position on the self-regulation of the parties when referring to the mediation procedure and its recognition as a form of individual legal regulation. This work is one of the ways to solve the existing problem of determining the place of mediation in the system of the institute for the protection of civil rights.

The article scrutinizes the current problems and prospects for the development of the goals and objectives of public control in the Russian Federation. The relevance of the study hinges primarily on the necessity to optimize the goals and objectives of this institution of civil society in order to ensure its development as the most important legal guarantee of the consti-tutional principles of democracy and public participation of society in the management of public affairs. The paper formalizes and identifies the main obstacles to achieving the goals and objectives of social control. The system of measures to raise these problems is developed: a) by consolidating this institution of civil society in the Constitution of the Russian Federation; b) by supplementing the list of principles, goals and objectives of public control in the legislation; c) by expanding the powers of its subjects; d) by analyzing and introducing in the Russian Federation the positive foreign experience of achieving the goals and solving the problems of civil society control over public authorities; e) by fixing the system of criteria for assessing the effectiveness and efficiency of public control.

The paper analyzes the system of objects of public control in Russia, studies some points of view in the scien-tific legal literature as to whether banks and other credit organizations belong to them. Constitutional and legal analysis of the activities of the latter in the designated status is presented in the article. It substantiates the ne-cessity to organize and conduct public control activities in relation to this category of objects. Besides, the article studies the main problems hindering this, develops and justifies the system of measures to resolve these prob-lems, including by making appropriate amendments and additions to the Constitution of the Russian Federa-tion and legislation. In addition, the constitutional-legal analysis of the system of objects of public control in Russia is carried out using formal-logical, comparative-legal, historical-legal, statistical, sociological methods of research.

The position of a civil mediator appeared as a result of the necessity to implement the ideas of the Peasant Reform. Initially, the public reacted to the new institution with great interest, the number of people wishing to take up the position of mediator was large. In this regard, it seems significant to identify the circumstances that caused the transformation of the image of the civil mediator. The urgency of the problem is explained by the fact that the figure of the peace arbitrator was the key in the process of implementing the abolition of serfdom in 1861. On the efficiency of these officials depended the result of the transformation that was underway. The public perception of the institution began to change after the resignation of the mediators of the first composi-tion and the entry into office of subsequent officials. This circumstance has become critical in the matter of the decline of the entire institution. Over time, the position of the institution of civil mediators and its reputation rap-idly deteriorated being severely criticized. The institution reached its crisis by the 1870s. Meanwhile, the image of the civil mediator, which was later described by contemporaries, based precisely on the impression left by the first civil mediators, who eventually became an example of service for the benefit of society and the state.

The present article is a literature review and analysis of the problem of cultural development in Russia and ex-plores the role of the dialectic of absolute spirit in cultural studies. The literature review describes the main con-cepts of cultural development and examines Hegel's theory of absolute spirit and its influence on cultural stud-ies. The article examines the reasons and factors hindering cultural development in Russia, such as inade-quate funding for culture, lack of support for young talents, restrictions on artistic freedom, insufficient integra-tion into the global cultural community, and insufficient attention to culture from authorities. Furthermore, the article discusses the dialectics of absolute spirit and its significance for cultural studies in Russia. The article describes the basic concepts of the dialectics of absolute spirit and its application in cul-tural studies. The dialectics of absolute spirit allows for an understanding of culture as a holistic system, recog-nition of the interaction between society and culture, analysis of the interaction between cultural traditions and innovations, and the interaction between culture and society. In conclusion, the article summarizes the literature review and analysis of the problem of cultural devel-opment in Russia. It examines the successful application of the dialectics of absolute spirit in Russian cultural studies, such as the project "Contemporary Art in Traditional Museums" and the creation of cultural centers that bring together various directions of art and culture.

The present article is focused on the constitutional-legal analysis of the need to organize and implement con-trol measures by social structures in relation to enterprises, institutions and organizations of public transport. As a research task the author identified an attempt to justify the position, according to which the activities of these legal entities, which, on the one hand, are, as a rule, transport monopolies, and on the other hand, have the right to exercise certain public powers (for example, in terms of collecting fines from stowaways who have not paid for travel and do not belong to the privileged categories of citizens who have the right to free travel in pub-lic transport), should become an object of attention of the social control subjects on a mandatory basis and in a permanent mode. The article formalizes and explores the main problems that hinder the organization and im-plementation of public control measures in relation to enterprises, institutions and organizations of public transport. Thus, the author has developed and substantiated the system of proposals resolve the above-mentioned problems.

The article examines the issues that arise when modifying various works with the help of "deepfake" technolo-gy (processing by a neural network of an already existing work of another author for various purposes). It is emphasized that the creation of such content causes contradictions in the field of intellectual property protec-tion, since, on the one hand, deepfakes are a secondary product, created by means of artificial intelligence, which is not human and therefore does not have copyrights, and on the other hand, their production uses the already existing intellectual property object, which needs to be protected. Mechanisms of legal regulation of the deepfakes usage sphere in the framework of foreign legislations are described; Russian regulatory norms touching upon the chosen topic are given. Opinions of the scientific community on the most probable way of elimination of gaps in the legislation are investigated. It is deemed that the main approach to copyright protec-tion used by the international community is the recognition of deepfakes as intellectual property. The necessity of changing the Russian legislation taking into account the trends of the world development is outlined.

This article is focused on the constitutional and legal analysis of the need to develop a model code of ethics for a representative of a public control entity in the Russian Federation. The paper substantiates the role and place of the institute of public control as the most important legal guarantee for the implementation and protection of the constitutional principles of democracy and public participation in the management of state affairs, as well as the importance of representatives of subjects of public control as key participants in its activities. The article examines modern legal requirements for the behavior of representatives of the subjects of public control, justi-fies the need to develop and adopt at the federal level a model code of ethics of these representatives, analyz-es the various authors' points of view on the relevance of this code of ethics for the development of the public control entity. Analysis of the main problems hindering the development and implementation of the specified model code of ethics is carried out in the work, the system of measures to resolve them is developed and justi-fied.

The article considers most of the films in the Columbo cycle as the classical detective story. Columbo has all the necessary features of the classical sleuth: aptitude for acting, grotesqueness, trickery, breach of the norm. His appearance is close to mask that is why his attributes (a cigar and a raincoat) are so important. Unlike the classical sleuths in literature Columbo works for the police but contrasts against his normal colleagues as a wrong policeman. Depiction of the crime precedes investigation is characteristic not of the literary classical detective story, but of a number of works by R. Austin Freeman, who introduced the concept of the inverted detective story. But in these works there is no detective pointe, required for the classical detective story. In the Columbo cycle the pointe is associated not with the announcement of the name of the criminal, as in literature, but with the way he is unmasked.

Throughout the history and even prehistory of humankind, efforts have been made to improve health, including the treatment and cure of disease and wounds. These efforts have led to a variety of beliefs and approaches to healthcare, involving a variety of different paradigms. If we examine a representative sampling of these approaches, we can see radical differences in theory and practice. Perhaps inevitably, practitioners of one school of thought have disagreed—sometimes in the extreme—with each other. Scientists, and especially their cheerleaders, have often been guilty of worshiping their own limited views of "science", an attitude that harms both science and society. Remembering the history of healthcare gives us some background against which to view the current social antipathy among groups having different opinions concerning the Covid pandemic. Greater understanding coupled with humility offers us an opportunity to end the antipathy.

The essay explores the question of the relationship between sex and power in the era of neocapitalism's triumph and the formation of the consumeristic society in Pasolini's two last works – the film Salò, or the 120 Days of Sodom, and the novel Oil (Petrolio). The likening of sex to the total consumeristic power is Pasolini's contribution to the modern sociology and psychology, while his discovery of sex as a category of political power supports the same thesis Michel Foucault made a year later in his History of Sexuality: The Will to Knowledge, 1976. The 1970s were the years of crisis and destruction of the traditional culture, replaced by the new models of consumerism, stimulated by sex. Stylistically and generically different, the film and the novel interact with each other, as both deal with power and sex. The essay considers the texts, paramount to understanding the "late-period Pasolini": Tetis, Abdication of the Trilogy of Life, and Sex as a Metaphor for Power.

The living world, just like the inanimate one, belongs to nature. However, all liv­ing systems, in contrast to the inanimate ones, are unbalanced: they exist in the sta­te of non-equilibrium. Their existence requires constant interaction with the exter­nal environment for consumption of energy and various substances as building materials. It is determined by evolutionarily developed programs in the form of in­stinctive (single-variant) and intellectual (multi-variant) responses to external in­fluences (changes in the external environment). In humans and some other highly developed representatives of the living world, the main reactions are of the intel­lectual type. At the final stage of such responses, one optimal variant is selected. Examples from real life of positive and negative emotional choice determined by the social experience of the individual are given. In this article I explore the idea that the selection criterion for choice optimisation is the emotions associated with the virtual representations of the subjects experience accumulated in their memory. Thus, we solve the problem of understanding of the selection criterion and the vo­litional component of the thinking process at a whole. The role and necessity of emotions in every act of the thinking process becomes more understandable.

This report completes our series of short notes on Albert Schweitzer's ethical concept. It aims to consider the asocial nature of Schweitzer's ethical concept and worldview. The scientific novelty of the research is determined by the analy­sis of an assumption that "individualism and immoralism" of Schweitzer's ethics act as insurmountable obstacles to its social reception. The results obtained con­sist in the discussion of the conceptual idea of a society as an ethical person, i.e. an ethical-oriented formation. At the same time, we consider whether the de­velopment of the society from the individual to the general through an individual ethically motivated self-development of each person is possible and necessary.