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No 4 (2024)
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TRENDS

5-10 177
Abstract

The paper is devoted to understanding the advantages and risks of digitalization of public administration. The author elucidates the relationship between digitalization and digital transformation of public administration. The author foretells successful digitalization of traditional means of control and the formation of mixed algorithms for human and machine activities in the field of public administration. The paper considers seven benefits (convenience of management activities; acceleration of management communications; simplification of management procedures; the use of big data; fundamentally new accessibility of public authorities and public services; cost optimization; humanization of public administration) and seven risks (expanding the field for bureaucratic manipulation; excessive proactivity of public structures; doubling the procedures for document processing and, above all, reporting; the increasing reliance of public administration on digital technologies; the growth of cybercrime opportunities, including official cybercrimes; «profanation» or fictitiousness of digitalization of public administration; the possibility of loss of subjectivity of humanity management) digitalization of public administration. The author concluded that digitalization does not overcome the substantive shortcomings of public administration, but only aggravates them, providing unscrupulous administrators with new opportunities for misconduct. It is possible and necessary to develop public administration in traditional ways, combining them with the introduction of digital technologies. At the same time, the transfer of administrative decision-making to artificial intelligence seems to be a dangerous and inhuman scenario. The author highlights the decisive role of a person in public administration. One should not impose excessive expectations on artificial intelligence and digital technologies in general, carry out digitalization for the sake of digitalization without visible benefits for society, and even expose humanity to the risks of unpredictable administrative decisions and their consequences.

FOCUS

11-18 91
Abstract

The paper is devoted to the legal analysis of the transformation of the state policy of the Russian Federation in the field of population protection in wartime. The study focuses on the main prerequisites for reforming the civil defense system since the 1990s. The author considers modern problems of the development of civil defense taking into account the experience of the SMO. Today, when there is a SMO and military operations affect not only the border, but also the regions of Russia in the depths of the territory, the question is objectively posed: how much does the civil defense of Russia corresponds to its purpose — the protection of the population, material and cultural values in wartime. A characteristic feature of modern military conflict between states is the lack of a common understanding of the procedures for transition to the state of war. At the same time, the likelihood of military conflicts in a classic form with a typical structure and stages of development remains. In this case, there will be such components of the civil defense as the threatened period, the transfer of the system from peacetime to wartime, the introduction of martial law and the use of civil defense and population protection plans, etc. The author justifies the need to introduce into the set of civil defense measures elements of active protection of industrial facilities from unmanned aerial vehicles, using as a legal basis the regulations of the FSB of Russia on the adoption of a decision to suppress the functioning of unmanned aerial, underwater and surface vessels and vehicles.

19-23 101
Abstract

The paper focuses on the urgent problems of ensuring international and national security in the context of a hybrid war between Russia and the collective West. The main types of hybrid threats have been disclosed, solutions have been proposed to mitigate the impact of general pressure from the European Union, the USA and the UK. The author proposed a way to resolve the problems of hybrid threats to Russia during Special Military Operation and liberation actions against the oppressed Donbass people. The oppression of this people is taking place today in the unreleased territories of the Donetsk People’s Republic, Lugansk People’s Republic, Zaporizhskaya and Kherson regions. The hybrid war with the collective West has actually lasted since the Cold War of the USSR and the USA through various extremist manifestations and manipulations against the civilian population, instilling non-traditional values, LGBT relations, love for Western culture, pro-Western heroes of Marvel, DC and Netflix, propaganda of capitalist relations of the Western model. In addition, active work is underway with the youth of the country through a student exchange organized for decades with the United States and Europe, in which our younger generation, as a rule, works as waiters, loaders and repair people. Recently, scientific literature has been actively discussing the problems of international pro-American schools in Russia promoting the values of the collective West, celebrating holidays alien to modern Russia, our history and historical prerequisites. The facts of recognition of such schools as foreign agents are known. The West initiates and finances various «quasi» color revolutions in the post-Soviet space (Armenia, Belarus, Georgia, Kyrgyzstan and Ukraine), a long-term creation of a «fifth column» in the Russian Federation is underway.

RUSSIA

24-30 79
Abstract

The article is devoted to the consideration of the problem of federalization of the Russian state. Since the XVI century. Russia was a multinational state inhabited by Slavic, Turkic, Finno-Ugric peoples. All these peoples were part of the population of the Russian state due to the rise and further expansion of the Moscow principality, which first formed the backbone of resistance to the Golden Horde, and later created the united Russian state. The article examines how the nature of the Moscow principality influenced the «autocracy» of the Russian kingdom, and later the Russian Empire. The main purpose of the study is to identify trends and patterns in the development of the Russian state that prevented its earlier federalization. To achieve this goal, the author considers the problems of determining the chronology of Russia as a multinational state, denotes the main directions of state building and obstacles to creating the prerequisites for federalization on the eve of the rise of Moscow and the unification of Russian principalities, reveals the reasons for the popularization of federalism at the beginning of the 19th century, characterizes the programs of the Decembrists to federalize Russia, based on the draft program document of the Northern Secret Society — the Constitution of N. M. Muravyov, analyzes the consequences of the Decembrist anti-government uprising, reveals the reasons for the delay in decision-making and ignoring problems by the center of the Russian Empire before the February Revolution. To achieve scientificity, the author uses evidence: documents, historical facts and legal norms. In addition, the article uses various positions of researchers of this problem, which makes it possible to achieve an unbiased narrative. The article is aimed at a wide chronological framework analysis of the process of state building of the Russian state, explaining the reasons for certain problems of such state building and identifying deep connections between individual events in Russian history. The set of goals and objectives of the study, as well as the chronological sequence of the narrative, forms a stable ideological framework aimed at the fundamental study of the prerequisites of modern federalism in Russia.

31-36 74
Abstract

The paper, based on an analysis of the legislative acts of the Russian State, considers the historical and legal problem of the formation of an independent court as a separate branch of government in the system of the state apparatus of the Russian Empire and as the principle of ensuring the rule of law in the administration of justice. The period from the 18th century. until the first half of the 19th century. became key in the development of the judicial system of Russia, covering three significant stages, each of which introduced new procedures and principles that contribute to the improvement of justice. The first stage (the beginning of the 18th century — the third quarter of the 18th century) was characterized by the reforms aimed at separating judicial functions into a separate branch of government, which allowed the judicial system to become more independent from other elements of state power. This separation was an important step towards the formation of the principle of separation of powers that was necessary to ensure justice and legality. The second stage (the end of the 18th century — the first quarter of the 19th century) was marked by the formation of the fundamental principles of the image of an independent judiciary. The judicial system, based on the principles of legality, electability and humanism, has become an integral part of the State. At the third stage (the second quarter — the middle of the 19th century), an important aspect of the transformation was the emergence of specialized tribunals. Those changes also affected broader aspects of the judicial system aimed at strengthening its independence and effectiveness. The historical path traveled by the judicial system of the Russian Empire to independence in the 18th century — the middle of the 19th century laid the foundations for further changes in the country’s legal system, which ultimately contributed to the formation of a more humane and fairer judiciary. Elements of continuity of legislation found their way into the judicial reform of 1864.

37-44 82
Abstract

The paper employs historical, political and comparative legal methodology to analyze the peculiarities of the administrative and legal status of the Bank of Russia. It is possible to testify about the creation of an internally organized banking system connecting monetary and financial principles in the state only when, along with credit institutions, central banks appear with their own national characteristics. The powers of creditors of last resort in the framework of control and supervisory activities and their interaction with public authorities may vary in different countries, but the need to combine direct administration, economic instruments of monetary policy and elements of private law in a legal context can be unequivocally traced. Having historically developed monopoly on money issuance, like all other major banks of the first level, the Bank of Russia operates as an institution protecting and ensuring the stability of the national currency, gravitating being authorized by the state power. The chronology of the Bank’s administrative and legal status involves the search for consensus between the position of a mega-regulator of the financial market and the authority on its own behalf to carry out banking operations and transactions. Since imperial times, with its task of strengthening monetary relations, being a governing body of the banking system, the Bank of Russia as a subject of private law relationships seems to be a unique legal entity that makes expenses at the expense of its own income and does not pursue the goal of making a profit. The Bank of Russia owns, uses and manages its property that is referred to as federal property. The author sums up that the history of the development of national banks in the countries of the world, albeit ranked among various legal families, demonstrates the vesting of individual corporations with public powers within the framework of public administration. In order to achieve consensus in society, the administrative position of issue banks gives rise to the category of legal entities of public law.

WORLD

45-51 79
Abstract

China attracts attention not only because of its production facilities and sociotechnical solutions, but also due to its original goal-setting. In the PRC, the party took responsibility for building a moderately prosperous socialist society, for creating a new world order. Chinese-style modernization is the comprehensive deepening of reforms through the systemic integration of the most multidirectional principles. In the PRC, they like to combine a variety of goal-setting, calling them «five in one,» «four comprehensive measures,» etc. Chinese ideologists proceed from the fact that only the emancipation of the mind and the promotion of new ideas can contribute to better adaptation of industrial relations and labor productivity, development of national management and social development. Progress, constant reforms, openness, the legacy of Mao Zedong and the ideas of Deng Xiaoping — how do these so multidirectional concepts combine in Chinese ideology? The paper examines the implementation of this Taoist-Confucian-Marxist dialectic using the example of the penal system of the PRC. The purpose of the article: to study the features of educational work with convicts in the Chinese penitentiary system. The research methodology relies on international legal analysis of the regulation of the rights and freedoms of persons serving sentences, on media analytics of self-representations of Chinese penitentiary institutions. The study examines the challenges and practices of optimizing the experience of the penitentiary services in organizing educational, social and patriotic work with employees for informational purposes, because it is likely that China will act as a new model of stability in the current geopolitical situation.

52-63 80
Abstract

The conflict situation after World War II was variable: from the brink of the outbreak of World War III (the Caribbean crisis of 1962, which became the most dangerous of the crises of the Cold War period) to relative stabilization (the period of perestroika of the era of M. S. Gorbachev, which, as it seemed then, reduced to zero all contradictions between the two sides of the bipolar world). However, the scientific community even then saw the upcoming great transformation of the system of international relations and the global world order, put forward its hypotheses about its course and options for building a future world. The well-known theories of the global world order (I. Wallerstein, S. Huntington, F. Fukuyama), partially implemented, require analysis to identify the level of expected and implementation of the global world order achieved in the transformation, as well as the formation of a new system of international relations, which came into a deep crisis as a result of provocations of Western countries. The analysis will make it possible to evaluate the presented scientific works for the reliability of the forecasts made by their authors, which, in turn, will provide an opportunity to see the trends of formation and development prospects in the XXI century. a new, fairer multipolar world. Based on the presented concepts, it is necessary to develop a new theory of the global world order that meets modern realities, taking into account the realized provisions and potential possibilities for its formation.

64-73 70
Abstract

The paper is devoted to a detailed analysis of the most successfully functioning model of legal regulation of relations in the field of alternative energy — a model that has developed within the EU. At the supranational level, integration associations are currently implementing various regulatory requirements to facilitate the transition to low-carbon energy sources, including renewable energy targets and specialized legislation addressing climate change. Companies operating in the renewable energy sector should navigate the relevant regulations to avoid potential legal challenges. At the same time, the European Union has the most successful experience in regulating relations in connection with stimulating the production of energy from renewable sources. The EU is characterized by comprehensive legal regulation combined with a trend towards uniformity, which is manifested due to the growing adoption of regulations as a key source of regulation of relevant legal relations. At the same time, at the EU level, there is a differentiation of legal regulation of the use of alternative energy sources depending on the area where they are used (sea transport, air transport, etc.). In many respects, this differentiation is dictated by the need to ensure compliance with the current environmental and climate legislation of the EU. The authors emphasize that the combination of a unified approach and differentiated regulation in the field of alternative energy can serve as the basis for the development of relevant legislation of the Russian Federation and integration associations with its participation, including the EAEU, as well as the CIS.



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ISSN 2542-2472 (Online)