Journal of Law and Administration最新文献

Analysis of the Main Achievements of the Negotiation Process for the Accession of the European Union to the European Convention on Human Rights of 1950 (2019-2023) 欧洲联盟加入 1950 年《欧洲人权公约》谈判进程的主要成就分析（2019-2023 年）

Journal of Law and Administration Pub Date : 2024-02-06 DOI: 10.24833/2073-8420-2023-4-69-85-94

N. A. Tsveiba

{"title":"Analysis of the Main Achievements of the Negotiation Process for the Accession of the European Union to the European Convention on Human Rights of 1950 (2019-2023)","authors":"N. A. Tsveiba","doi":"10.24833/2073-8420-2023-4-69-85-94","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-4-69-85-94","url":null,"abstract":"Introduction. The article examines the main stages and achievements in the work of the ad hoc group (46+1) based on the results of the past 14 rounds of the negotiation process on the accession of the European Union to the European Convention on Human Rights of 1950. The author examines the fundamental problems prevented the European Union from accessing to the European Convention on Human Rights in 2013, as well as the novellas included in the revised draft Agreement on the Accession of the European Union to the European Convention on Human Rights, such as the application of Articles 33 and 53 of the European Convention on Human Rights 1950, as well as Protocol No. 16 thereto in relation to the law of the European Union. Materials and methods. The methodological ground of the study based on the following general scientific and special methods of the recognition of legal phenomena and processes in the field of European law: the method of system-structural analysis, the method of synthesis of social phenomena, the comparative legal method, the formal logical method. For certain questions, statistical data was involved in the study. To identify further vectors for the development of interaction between judicial bodies used the content analysis.Results of the study. Based on the results of the study, the author comes to the conclusion that the main problems preventing the European Union from the accession to the European Convention on Human Rights, are the specifics of the application of Articles 33 and 53 of the European Convention on Human Rights and Protocol No. 16 thereto in relation to European Union law, as well as the reluctance of the European Union to limit the sovereignty and autonomy of European Union law in order to strengthen the European system for the protection of human rights.Discussion and conclusion. The adjustments made by the ad hoc group (46+1) in relation to the Accession Agreement are very significant and, on the one hand, even unnecessary. They fully cover the observations indicated in the Opinion of the Court of Justice of the European Union No. 2/13 and at the same time satisfy the representatives of the European Union, which gives reason to believe that the accession attempt will have a positive outcome. Of course, if the European Union joins the European Convention on Human Rights of 1950, human rights, freedoms, and their guarantees will reach a new level, since their protection will be comprehensive.","PeriodicalId":516951,"journal":{"name":"Journal of Law and Administration","volume":"73 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139895915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

International Legal Framework for the Protection of Cultural Objects 保护文物的国际法律框架

Journal of Law and Administration Pub Date : 2024-02-06 DOI: 10.24833/2073-8420-2023-4-69-54-62

A. Y. Yastrebova, I. Anisimov

{"title":"International Legal Framework for the Protection of Cultural Objects","authors":"A. Y. Yastrebova, I. Anisimov","doi":"10.24833/2073-8420-2023-4-69-54-62","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-4-69-54-62","url":null,"abstract":"Introduction. For thousands of years, historical and cultural monuments have been damaged or destroyed as a result of armed conflicts and acts of vandalism. Given the role that these sites play in the development of humanity, international humanitarian law (IHL) establishes the basis for the international legal protection of religious, cultural and scientific sites. At the beginning of the 20th century. the situation was complicated not only by the absence of a universal international treaty that would be devoted exclusively to the international legal protection of these objects, but also by an international intergovernmental organization that would develop appropriate norms and standards. These problems led to the creation in 1945 of the United Nations Educational, Scientific and Cultural Organization (UNESCO). Thanks to the activities of this specialized UN agency, as well as the activities of a number of non-governmental international organizations, it was possible to form an international legal regime for the protection of cultural property both in peacetime and during armed conflicts.As a result of changes in the strategy of conducting armed conflicts, as well as improving the methods and means of conducting them in the 21st century, cultural objects are in great danger. In this regard, the analysis of current international legal norms and principles for the protection of cultural property in the context of international humanitarian law is of particular relevance.Materials and methods. As for the <ja","PeriodicalId":516951,"journal":{"name":"Journal of Law and Administration","volume":"61 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139896005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Goals and Means Manipulation: Foundations of the Theory 法律目标与手段操纵：理论基础

Journal of Law and Administration Pub Date : 2024-02-06 DOI: 10.24833/2073-8420-2023-4-69-41-53

V. Subochev, M. A. Kulikov

{"title":"Legal Goals and Means Manipulation: Foundations of the Theory","authors":"V. Subochev, M. A. Kulikov","doi":"10.24833/2073-8420-2023-4-69-41-53","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-4-69-41-53","url":null,"abstract":"Introduction. Despite the fact that manipulative technologies for influencing social relations have now become extremely widespread, the study of legal goals and means manipulation as one of the main forms of manipulative influence on social processes remains outside the scope of research by representatives of both the general theory of state and law and branch legal sciences. According to the authors, this situation indicates that modern legal science in this regard clearly lags behind the needs of legal practice and is not able to offer a reasonable solution to very pressing problems associated with the large-scale and everyday manipulative use of legal instruments. Materials and methods. The authors of the presented article actively used both general scientific and specific scientific methods, among which we can highlight dialectical, systemic, formal legal, legal modeling, structural-functional, comparative legal, etc.The results of the study. As a result of the research, the authors of the article developed the basics of the concept of legal goals and means manipulation. In particular, the work outlined the author’s vision of the essence and specifics of legal goals manipulating, and studied the features of the manipulative use of both stimulating and restrictive legal means. Special attention was paid to the analysis of the technologies of legal goals and means manipulating, carried out on the basis of specific examples.Discussion and conclusion. The work substantiates the position according to which legal goals and means manipulation is understood as a form of lawful behavior carried out with the help of implicit tactics or strategy, which consists of setting or using legal goals, as well as of creating or using legal means in the interests of the subject of management (manipulator) contrary to the true needs and interests of the object controlled (manipulated). The point of view is defended according to which the challenges and threats that Russia is currently facing necessitate the creation of a state strategy to counter goals and means manipulation.","PeriodicalId":516951,"journal":{"name":"Journal of Law and Administration","volume":"19 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139896242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Implementation of the Energy Justice Concept in Strategies and Projects of Foreign Energy Companies 在外国能源公司的战略和项目中落实能源公正理念

Journal of Law and Administration Pub Date : 2024-02-06 DOI: 10.24833/2073-8420-2023-4-69-116-128

A. B. Krasnoperova

引用次数: 0

International Cooperation of BRICS Countries in the Field of Forced Migration: Topical Issues and Prospectives 金砖国家在强迫移民领域的国际合作：议题与展望

Journal of Law and Administration Pub Date : 2024-02-06 DOI: 10.24833/2073-8420-2023-4-69-95-107

V. V. Pchelintseva

{"title":"International Cooperation of BRICS Countries in the Field of Forced Migration: Topical Issues and Prospectives","authors":"V. V. Pchelintseva","doi":"10.24833/2073-8420-2023-4-69-95-107","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-4-69-95-107","url":null,"abstract":"Introduction. International law acts of BRICS countries enshrine their attachment to enforcement of the international cooperation in the field of population, in particular migration. The rise in the number of forced migrants on their territories as well the accession of new States to BRICS explains the topicality of the research into the particularities and prospects of BRICS countries’ cooperation in the sphere of forced migration. Meanwhile the international law acts adopted by BRICS countries do not enshrine their unified position as regards general principles of their cooperation in the sphere of forced migration.Materials and Methods. The conciliation theory according to which creation of international law norms results from the reconciliation of international legal position of its subjects serves as the theoretical framework for the present research. While exercising autonomous international legal policy, each State aims at enshrining the principles of its foreign policy in the international law acts. International legal positions of States are enshrined in their treaties, national legislation and unilateral acts. The article contains the results of a comprehensive comparative analysis of international legal positions of BRICS countries as regards international law norms governing the legal status of forced migrants. The subject of the research includes universal treaties, BRICS countries’ international law acts, national legislation and unilateral acts.Results. BRICS is an intergovernmental institution, which is not de jure an international organisation. The acts adopted by BRICS countries are joint unilateral acts enshrining their unified positions on international law. International cooperation of BRICS countries in the sphere of forced migration is based on principles of rule of international law and multilateralism as well as their coincident and similar positions on interpretation and application of international law norms governing the legal status of forced migrants. BRICS international law acts enshrine the international law concepts applicable to the international cooperation in the field of forced migration.Discussion and Conclusions. Conciliation of international law positions of BRICS countries as regards interpretation and application of international law concepts of “durable solution to the problem of forced migrants”, “responsibility sharing”, “solidarity”, “common but differentiated responsibility” as well as other international law concepts upon which the international cooperation in the field of forced migration is based should be considered a prospective area of their international cooperation.","PeriodicalId":516951,"journal":{"name":"Journal of Law and Administration","volume":"71 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139896191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Policy of Preserving National Linguistic Identity on the Example of the Welsh 以威尔士人为例的民族语言特性保护政策

Journal of Law and Administration Pub Date : 2024-02-06 DOI: 10.24833/2073-8420-2023-4-69-108-115

R. M. Bekova

{"title":"The Policy of Preserving National Linguistic Identity on the Example of the Welsh","authors":"R. M. Bekova","doi":"10.24833/2073-8420-2023-4-69-108-115","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-4-69-108-115","url":null,"abstract":"Introduction. The article examines the British policy pursued in the 16th – first half of the 20th centuries in relation to the autochthonous languages of Wales, Scotland and Northern Ireland. The author characterizes the language policy of Great Britain in this period as a policy of linguistic nationalism of the English language and discrimination against the national languages of other peoples. The article also discusses the main legal acts aimed at expanding the use of the Welsh language and consolidating the status of the Welsh language as the national language of Wales.Materials and methods. To achieve this goal, the article used the method of the structural-functional approach, as well as modern principles of scientific knowledge of complex social phenomena and processes, based on a combination of macro- and microsociological research. The materials of the article were the works of scientists on the stated issues.Results of the study. It is concluded that the Welsh language has managed to maintain its independence to a greater extent than other autochthonous languages of the peoples of Great Britain, and in modern conditions there is a tendency to increase the number of people using the Welsh language in everyday life. The main findings of this article were the demonstration of specific discriminatory measures applied by the UK in relation to the Welsh language, including the ban on the use of Welsh as the language of legislation, the language of judicial proceedings and restrictions on teaching in Welsh.Discussion and conclusion. The study identifies the reasons and constitutional and legal factors for the transition from a policy of language discrimination to a policy of dialogue of cultures, as well as the influence of public figures advocating the preservation and expansion of the use of the Welsh language on the language policy of Great Britain. The constitutional significance of the Welsh Language Regulations 2011 is stated, and for the first time in the Russian-language doctrine the content of this law is analyzed.","PeriodicalId":516951,"journal":{"name":"Journal of Law and Administration","volume":"76 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139896581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

International Cooperation of BRICS Countries in the Field of Forced Migration: Topical Issues and Prospectives 金砖国家在强迫移民领域的国际合作：议题与展望

Journal of Law and Administration Pub Date : 2024-02-06 DOI: 10.24833/2073-8420-2023-4-69-95-107

V. V. Pchelintseva

{"title":"International Cooperation of BRICS Countries in the Field of Forced Migration: Topical Issues and Prospectives","authors":"V. V. Pchelintseva","doi":"10.24833/2073-8420-2023-4-69-95-107","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-4-69-95-107","url":null,"abstract":"Introduction. International law acts of BRICS countries enshrine their attachment to enforcement of the international cooperation in the field of population, in particular migration. The rise in the number of forced migrants on their territories as well the accession of new States to BRICS explains the topicality of the research into the particularities and prospects of BRICS countries’ cooperation in the sphere of forced migration. Meanwhile the international law acts adopted by BRICS countries do not enshrine their unified position as regards general principles of their cooperation in the sphere of forced migration.Materials and Methods. The conciliation theory according to which creation of international law norms results from the reconciliation of international legal position of its subjects serves as the theoretical framework for the present research. While exercising autonomous international legal policy, each State aims at enshrining the principles of its foreign policy in the international law acts. International legal positions of States are enshrined in their treaties, national legislation and unilateral acts. The article contains the results of a comprehensive comparative analysis of international legal positions of BRICS countries as regards international law norms governing the legal status of forced migrants. The subject of the research includes universal treaties, BRICS countries’ international law acts, national legislation and unilateral acts.Results. BRICS is an intergovernmental institution, which is not de jure an international organisation. The acts adopted by BRICS countries are joint unilateral acts enshrining their unified positions on international law. International cooperation of BRICS countries in the sphere of forced migration is based on principles of rule of international law and multilateralism as well as their coincident and similar positions on interpretation and application of international law norms governing the legal status of forced migrants. BRICS international law acts enshrine the international law concepts applicable to the international cooperation in the field of forced migration.Discussion and Conclusions. Conciliation of international law positions of BRICS countries as regards interpretation and application of international law concepts of “durable solution to the problem of forced migrants”, “responsibility sharing”, “solidarity”, “common but differentiated responsibility” as well as other international law concepts upon which the international cooperation in the field of forced migration is based should be considered a prospective area of their international cooperation.","PeriodicalId":516951,"journal":{"name":"Journal of Law and Administration","volume":"101 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139893560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Political Protest through the Prism of the British Press: Strategies for Managing the Perception of Journalistic Texts 从英国新闻的角度看政治抗议：管理新闻文本感知的策略

Journal of Law and Administration Pub Date : 2024-02-06 DOI: 10.24833/2073-8420-2023-4-69-129-137

N. I. Klimovich

{"title":"Political Protest through the Prism of the British Press: Strategies for Managing the Perception of Journalistic Texts","authors":"N. I. Klimovich","doi":"10.24833/2073-8420-2023-4-69-129-137","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-4-69-129-137","url":null,"abstract":"Introduction. The purpose of this paper is to identify similarities and differences in discursive strategies aimed at managing the perception of journalistic texts describing similar protest events in different countries.Materials and methods. The material for the paper includes articles from “The Economist” describing protest events. Protests in August 2019 in Moscow and “yellow vest” protests in autumn – spring 2018 – 2019 in France were chosen as reference events. The methodological tools include the following general scientific methods: analysis, synthesis, systemic and functional approaches. Critical discourse analysis is used as a specific method. Discursive strategies form the subject of the research. The referential strategy includes an event-factual plan of the events being described. The connotative strategy works with emotionally expressive and evaluative vocabulary. The meta-discursive strategy chooses text frames and fills them with referential and evaluative components which together form the pragmatic functionality of the discourse..Research results. The research involves the following stages. At the first stage the central frames of the articles on the basis of the titles and subtitles of the articles are identified. At the second stage the referential and evaluative components in the vocabulary of the frames are examined. At the third stage a comparative analysis of the meta-discursive strategies of the articles under research is carried out, which includes comparing the pragmatic functionality of the headings, titles and subtitles of the articles; contrasting the articles in terms of the composition of frames and identifying what is common and specific in the content of the main frames of the articles. The results of the work show that such linguistic tools as selecting facts and events for the text, framing the content of the text, choosing language that produce an emotional-evaluative, suggestive and persuasive effect on readership, frequent occurrence of words that are fit for the goals of the text are used to manage text perceptionDiscussion and conclusion. Professionals in the fi of international relations, international law, political science, public administration must know the linguistic methods used to analyze journalistic and political texts and be able to identify language tools aimed to drive text perception in the target direction.","PeriodicalId":516951,"journal":{"name":"Journal of Law and Administration","volume":"165 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139895777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Memorial Law: National and International Aspects 纪念法：国内和国际方面

Journal of Law and Administration Pub Date : 2024-02-06 DOI: 10.24833/2073-8420-2023-4-69-63-84

A. Vasiliev, A. Е. Uzhanov, Y. Pechatnova

{"title":"Memorial Law: National and International Aspects","authors":"A. Vasiliev, A. Е. Uzhanov, Y. Pechatnova","doi":"10.24833/2073-8420-2023-4-69-63-84","DOIUrl":"https://doi.org/10.24833/2073-8420-2023-4-69-63-84","url":null,"abstract":"Introduction. This article conducts an interdisciplinary study of memory policy, which includes terminological explication and legal analysis of concepts similar in meaning, assessment of the relevance and need to legalize terms related to memory policy, determination of the effectiveness of official memory policy, prediction of its political and social consequences in the long term and exploring the normative limits of national memorial legislation. The purpose of the study is the conceptualization of memorial law.Materials and methods. The main research method is participant observation of the processes of implementation in Russian society and abroad of the concepts of national, historical and social memory, as well as the construction of norms and regulations for establishing legal relations in the field of conservation of military memorial heritage objects. Methods of express diagnostics of problem situations, legal assessment of incidents, sociological and expert surveys (including questionnaires and testing), and modeling were used.Research results. As a result of the study, the need to develop a special federal law on the protection of the military memorial heritage of the Russian Federation, as well as the development of an international (universal) Charter (Convention) on the protection of military memorial heritage sites formed as a result of the Second World War, was substantiated. Discussion and conclusion. It has been established that there is no single position in the scientific community regarding the need for memorial legislation. This largely depends on the political and ideological preferences of a particular author. At the same time, it was concluded that in legal science the conceptual foundations for the formation of memorial law as a special legal complex for the preservation, transmission and protection of historical memory and memorial (war memorial) heritage have been poorly studied. In addition, both at the level of legal doctrine and according to law enforcement practice, the issue of the status and legal means of preserving military memorial heritage has been practically not studied. In this connection, the authors propose the development of a Union Nation Charter for the Protection of Military Memorial Heritage for the purpose of holistic and comprehensive legal regulation of the area under study.","PeriodicalId":516951,"journal":{"name":"Journal of Law and Administration","volume":"113 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139895792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The International Court of Justice Today: Current Challenges and Prospects 今日国际法院：当前的挑战与前景

Journal of Law and Administration Pub Date : 2024-02-06 DOI: 10.24833/2073-8420-2023-4-69-32-40

O. I. Zinchenko

引用次数: 0