Political transformation of public-power organization and the color revolution technology in the Eurasian space
In: Central Asia and the Caucasus: journal of social and political studies, Band 17, Heft 3, S. 22-30
ISSN: 2002-3839
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In: Central Asia and the Caucasus: journal of social and political studies, Band 17, Heft 3, S. 22-30
ISSN: 2002-3839
World Affairs Online
In: Journal of politics and law: JPL, Band 13, Heft 4, S. 110
ISSN: 1913-9055
Socio-political problems are discussed in this article connected with the provision of socio-cultural integrity of the society in modern time of mass digitalization and introduction of the automatic and algorithmic systems. In the content of this article digitalization is considered as a global socio-political project, oriented for substitution traditional bases of identification and organization communities. This project is considered from critical position and is based, that its necessary state – oriented policy, directed for conservation and reproduction the historical memory, socio-cultural dominant of the development the society and also metapolitical and meta-legal foundation for sustainability of the political – legal organization in the 21st century.
The authors speak about the thesis about further convergence of the digital and cultural trends of transformations of socio-political system, when processes of digitalization will acquire more and more socio-cultural particularity of the development.
In: Journal of politics and law: JPL, Band 12, Heft 4, S. 50
ISSN: 1913-9055
Artificial intelligence, neural networks, speech and behavior recognition systems, drones, autonomous robotic systems - all of these and many other technologies are widely used by the military to create a new type of lethal weapon programmed to independently decide to use military force. According to experts, production of such weapons will be a revolution in military affairs, the same kind of revolution that the creation of nuclear weapons made back in the days.
Adoption of fully autonomous combat systems raises a number of ethical and legal issues, the major of which is a destruction of a supposed enemy’s manpower by a robot without a human command. This article focuses on the legal aspects of creating autonomous combat systems, their legal status and the prospects of creating an international document prohibiting lethal robotic technologies.
As the result of the study, the authors came to a conclusion that there is no direct legal restriction on the use of fully autonomous combat systems, however, the use of such weapons contradicts the doctrinal norms of international law. The authors also believe that a comprehensive ban on the development, use and distribution of robotic technologies is hardly possible in the foreseeable future. The most possible scenario for solving the problem at an international level is only a ban on the use of this type of military equipment directly during an operational activity of an armed conflict. At the same time, the authors consider it necessary to outline the acceptable areas of application of robotic technologies: medical and logistical support of military operations, military construction, the use of mine clearing robots and similar humanistically justified measures.
In: Journal of politics and law: JPL, Band 12, Heft 3, S. 105
ISSN: 1913-9055
This question of AI legal personhood is mostly theoretical today. In article we try to generalize some common ways that existing in legal theory and practice. We analyze some cases of recognition of untypical legal persons as well enacted statements in Europe and USA. Readers will not find a detailed methodology in the paper, but rather a list of criteria that is helpful to make a decision on granting legal personhood.
Practices of European Union and the United States indicate that common approaches to the legal personality of some kinds of AI are already developed. Both countries are strongly against legal personhood of intellectual war machines. Liability for any damage of misbehavior of military AI is still on competence of military officers. In case of civil application of AI there are two options. AI could be as legal person or as an agent of business relations with other legal persons. Every legal person has to be recognized as such by society. All untypical legal persons have wide recognition of society. When considering the issue of introducing a new legal person into the legal system, legislators must take into account the rights of already existing subjects. Policy makers have to analyze how such legal innovation will comply with previous legal order, first of all how it will affect the fundamental rights and freedoms of the human beings. The legal personhood of androgenic robots that can imitate human behavior regarded in paper as a good solution to minimize illegal and immoral acts committed with their involvement. It would be a factor that keep people from taking action against robots very similar to people. Authors conclude that key factors would be how society will react to a new legal person, how changing of legal rules will affect legal system and why it is necessary. At least all new untypical legal persons are recognized by society, affects of the legal system in manageable way and brings definite benefits to state and society.
In: Journal of politics and law: JPL, Band 12, Heft 3, S. 26
ISSN: 1913-9055
The article problematizes the functioning, on the one hand, of traditional value-normative regulators, ensuring socio-cultural integrity and social and political dynamics, and on the other, the development of standards for the development and application of digital algorithms, autonomous robotic systems and artificial intelligence. It discusses various approaches and theoretical and practical positions that argue and model the development of a socio-political organization in the digital era, and describe fundamental changes in political communication, law and order, public-power interaction, etc.
The authors argue that the introduction of digital algorithms and robotic technologies radically changes the basic sociocultural meanings and the socio-political landscape, the formation of new types of social relations, where people, things, machines together form special modes of functioning, specific relations. The work proves that these cardinal changes require fundamentally new theoretical and methodological approaches to research, and new tools for political modeling and forecasting. The problems of legislative and ethical regulation of the processes of informatization and technological development of the society are discussed separately. The final part of the research shows that modernity poses the fundamental problem of correlating digital and socio-cultural trends in the development of political space, their contradictions and the inevitable convergence of socio-cultural, traditional socio-political dominants of development with digital trends and life forms. The article proves that harmonization of existing value-normative regulators and standards of digital algorithms and artificial intelligence systems being developed is necessary, since the latter can be a key guarantee for the formation of an effective system of social system development and its stability in the digital age.
In: Journal of politics and law: JPL, Band 13, Heft 4, S. 81
ISSN: 1913-9055
Even English historian A. Toynbee claimed that each new generation of the “creative minority” (elite) periodically faced challenges of the time, to which it had to seek and give an adequate response. In case of an unsatisfactory answer, this “creative minority” should leave the historical stage, giving way to the more competent elite. The coronavirus crisis experienced by the global community in 2020 has become such a global challenge of our time for many people. And the public can make conclusions about the professional training and level of competence of the ruling elite groups judging from how effectively they cope with this challenge. But even now it can already be stated that the crisis has revealed a number of significant systemic failures in the functioning of political elites - their slow reaction to the event, disunity, clip consciousness and underestimation of the degree of risk, resources and their own capabilities. This article is devoted to the analysis of all these problems.
In: Journal of politics and law: JPL, Band 12, Heft 3, S. 11
ISSN: 1913-9055
The key idea of the study is the question of the relationship between such categories as “national sovereignty” and “cyberspace”. The authors consider that the current theory of law and positive legal regulation at the present stage do not offer reasonable options for interaction and coexistence of these concepts.
In the conditions of the dramatic changes in the existing realities over the past 30 years, the question arises of the differentiation of legal regulation, which is still more intended to the social relations that existed in the 20th century. Today technical progress is significantly ahead of social, in particular, legal regulation, which, in turn, is seriously tied to the state or, as any law student confirms, “territorial organization of power in a society with sovereignty...”. And here the main question arises about the reasonableness of the above formulation. Is it suitable for existing realities? Or is it itself an obstacle to legalization? The article analyzes various approaches to the legal settlement of relations in cyberspace, as well as offers two options for supranational regulation of these legal relations - through the development and establishment of an extraterritorial international body that will have not only the ability to control public relations within cyberspace, but also special instruments of coercion to influence the citizens of any state, either through the creation of a global system of international acts that will regulate most of the existing questions about the interaction of persons in cyberspace and included a clear mechanism to respond quickly to the emergence of new relations in this sphere.
The authors also consider that the inability at theoretical level to conceptualize the relationship between these categories could lead to the discrediting of such notions as “national state” and “national sovereignty” in the future.
In: Central Asia and the Caucasus: journal of social and political studies, Band 17, Heft 3, S. 7-14
ISSN: 2002-3839
World Affairs Online
The paper analyzes two main dominant political projects of transformation of the political system and state-legal organization in the post-Soviet territory - conservative one and modernizational one which differ in internal ambiguous and contradictory. The authors argue that the process of political transformation should be examined as a wider category than the concept of "modernization", which is a type of transformation processes which are interpret as evolutionary, revolutionary or pendulum forms of political institutions, the system of authoritative relations. It is proved that modern conservative projects of transformation of political life of the community, aimed at the formation of adequate and organic to socio-cultural environment public institutions of government, forms of organizations that meet the interests and values of society. At the same time, it is shown that in the twenty-first century in the post-Soviet territory, and in particular in the development of Russia's political organization a stable conservative strategy is restored. The paper the general characteristics are identified and the fundamental differences between conservative and modernist political programs are pointed out. Depending on the style of conservative thinking and fundamental civilizational standards of political organization such conservative platforms operating in Russian politics as traditsionalistic, neo-eurasistic, modernistic, postmodernistic and others are selected and analyzed in the article. DOI:10.5901/mjss.2015.v6n3s2p373
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The content of the article analyzes the processes (algorithms) globalization and its impact on the institution of the state. Various methodological approaches to the study of global processes and theoretical and practical models of transformation of state institutions. It is shown that modernization and globolokalnye trends significantly affect the meaning and the socio-cultural dynamics of the state as a political phenomenon, problematizing essence, the basic functions and tasks, the social role of public authorities in the political life of society. It is noted that the current process of globalization significantly increase risk- taking functioning of local, national and regional living spaces, put in a tough relationship from the activities of the government. The paper concludes that the international political communication, based on national unity, sovereignty and national integrity, evolves in the direction of adapting (a constantly changing and perestrukturiruyuschihsya) cooperative arrangements, where state power is considered as one of the global actors involved in the political process on an equal basis with non-governmental civil institutions, transnational actors, the military-political blocs. At the same time, the authors argue that globalization is qualitatively enrich and complicate the role of the state, is justified, that this institution will not lose its dominant position in the international cooperation in the management of intra-national processes. DOI:10.5901/mjss.2015.v6n3s6p277
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This article discusses the various forms of public authorities functioning and state authorities functioning in particular. The authors argue that in addition to the institutional and regulatory and structural and functional characteristics, public authority realizes in extra-legal form, which acts as a complex concept correlating with such forms as "informal", "shadow", "unlawful." It is proved that this form of governmental authority is not mediated by law and can have both formal public and informal, shadow and non-legal nature. The matter of this article shows that extralegal forms of activity lead not only to negative, but also to positive effects - to the development of the system of state power, political forms and regime, methods of state and legal impact on the political, economic, social and other systems of society. Thus, in some cases extralegal but legitimated by society forms of state influence on the political process can get institutional and regulatory clearance. Moreover, the authors identify the causes and factors of the development of this form, as well as provide a meaningful analysis of the informal authorities' activity, their shadow interaction and shadow forms of relations, illegal practices, unlawful sphere and shadow law. DOI:10.5901/mjss.2015.v6n3p387
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Abstract: The paper examines the problem of searching for an effective methodology for identifying,systematizing and analyzing state legal concepts of Russian political scientists of the 19th and early 20th centuries. Despite the available studies to date on individual state-legal concepts in the Russian Empire, their comprehensive research, general theoretical analysis and systematization is required, what is possible only if there is a proven methodological basis. The aim of the work is to present the stages and results of the authors' approach to the identification, systematization and evaluation of state-legal concepts in Russia in the 19th and early 20th centuries, which can be used as a basis for conducting similar studies in relation to other sectoral legal exercises. The paper substantiates the algorithm for obtaining systematic knowledge about the entire complex of state-legal concepts of the designated period showing the features of dissertational and monographic studies, the specifics of work with articles in the periodical legal press. The issues on the effectiveness of state-legal exercises are separately touched upon and a mechanism for using the forms of scientific knowledge obtained in the past is proposed to determine the novelty andrelevance of the studies conducted today.Keywords: state-legal concepts, state law science, thesis, monograph, scientific paper, a form of scientificknowledge, the Russian Empire.
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Abstract: The paper examines the problem of searching for an effective methodology for identifying,systematizing and analyzing state legal concepts of Russian political scientists of the 19th and early 20th centuries. Despite the available studies to date on individual state-legal concepts in the Russian Empire, their comprehensive research, general theoretical analysis and systematization is required, what is possible only if there is a proven methodological basis. The aim of the work is to present the stages and results of the authors' approach to the identification, systematization and evaluation of state-legal concepts in Russia in the 19th and early 20th centuries, which can be used as a basis for conducting similar studies in relation to other sectoral legal exercises. The paper substantiates the algorithm for obtaining systematic knowledge about the entire complex of state-legal concepts of the designated period showing the features of dissertational and monographic studies, the specifics of work with articles in the periodical legal press. The issues on the effectiveness of state-legal exercises are separately touched upon and a mechanism for using the forms of scientific knowledge obtained in the past is proposed to determine the novelty andrelevance of the studies conducted today.Keywords: state-legal concepts, state law science, thesis, monograph, scientific paper, a form of scientificknowledge, the Russian Empire.
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The paper shows that the intensification of digitalization processes in public relations generates a whole variety of new risks and threats. The purpose of this work is to systematize the risks and threats of the digital transformation of society for the subsequent development of advanced law-making decisions. To effectively counter digital threats and create effective legal regulation in the use of digital technologies, it is necessary to divide all digitalization threats into 3 groups: hypothetical, justifiable, and epistemological. The justifiable threats include those that appear at the present stage of technical development and urgently require legal solutions. According to the authors, it is on the study of this group of threats that scientists need to focus their attention in order to provide a practice-oriented approach to research. The authors identified three main subgroups of justifiable threats to digitalization: threats to economic security, information leaks, and cybercrime. This work was performed with financial support from the Grant of the President of the Russian Federation No. NSh-2668-2020.6 "National-Cultural and Digital Trends in the Socio-Economic, Political and Legal Development of the Russian Federation in the 21st Century".
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The research objective of the paper is to analyse and systematize modern digital technologies used in law-making, as well as to identify the consequences of digitalization of law-making for legal drafting methodology. It is stated that in humanitarian studies there is uncertainty in the use of the terms "digital technologies", "digitalization", "information technologies", "automation", "electronic technologies", "network technologies", "computer technologies", etc.; this circumstance interferes with the formation of legislation on the use of the latest technologies in law-making. Analysing documents and scientific literature, the authors conclude that it is necessary to distinguish between information technology and digital technologies in the field of rulemaking. Such terminology will help create different legal regimes for different procedures intended for dealing with legal information.
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