法律领域的政治冲突及其现代解决方法:潜力与局限性

IF 0.2 Q4 LAW
I. Vetrenko, A. A. Kovalev
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引用次数: 0

摘要

这篇文章致力于思考在解决政治冲突的过程中所使用的现代方法。本研究的主题是冲突作为一种政治和法律现象。这篇文章的目的是考虑解决政治冲突的法律方法是实现和平的最有效和文明的方式。在工作中使用了以下科学方法:系统分析、结构分析和网络分析,这使我们能够考虑解决政治冲突的主要现代方法的总体情况、它们的潜力和局限性。在确定“冲突”的类别及其主要特征时,还采用了心理、哲学、政治和法律方法。该研究揭示了现代政治冲突的特点,并考虑到需要有意识地寻求和实际应用某些解决方法。有人强调,核大国以及创造和维护现代世界全球空间的稳定与统一的主要世界国家和国际组织负有特殊责任。作为这项研究的结果,解决政治冲突的最理想、最有效和最合理的方法被认为是最具破坏性和破坏性的对抗类型。强调了它们的潜力和局限性。这些方法在容易发生冲突的现实中是需要的,在现代世界中也不会失去相关性。在此基础上,对博弈方法、强制外交、文明方法、社会文化整合、结构功能主义和网络方法等解决政治冲突的方法进行了识别和分析。此外,还单独审议了法律方法,根据研究结果,由于若干原因,法律方法被认为是最公平和最一致的方法。其中包括谈判、调解、仲裁(仲裁)、政治冲突制度化的方法、政治调解和司法程序。在战争时期,当使用核武器的威胁增加和战争罪行发生时,对解决政治冲突的法律方法的呼吁变得特别重要。根据研究的结果,得出的结论是,解决政治冲突的法律方法是最有效和最文明的方法。它们是有结构的,以规范性法律行为的形式明确制定,其中一些可以以强制执行决定的程序的形式执行,在政治上是中立的,在专业人员的支持下执行,并以以前的建设性经验为基础。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Political conflicts and modern methods of their resolution in the legal field: potential and limitations
The article is devoted to the consideration of modern methods used in the process of resolving political conflicts. The subject of the study is conflict as a political and legal phenomenon. The purpose of the article is to consider legal methods of resolving political conflicts as the most effective and civilized ways to achieve peace.The following scientific methods were used in the work: system, structural and network analysis, which allowed us to consider the totality of the main modern methods of resolving political conflicts, their potential and limitations. Psychological, philosophical, political and legal approaches were also applied in determining the category of "conflict" and its main characteristics.The study reveals the features of modern political conflicts, taking into account which the need to consciously approach the search and practical application of certain methods of their resolution is formed. It is emphasized that a special responsibility lies on the nuclear Powers, as well as on the leading world states and international organizations that create and maintain stability and unity of the global space of the modern world.As the results of this study, the most optimal, effective and rational methods of resolving political conflicts were noted as the most destructive and destructive types of confrontations. Their potential and limitations are highlighted. These methods are in demand in the plane of real conflict-prone realities and do not lose relevance in the modern world. Thus, such methods of resolving political conflicts as the game method, coercive diplomacy, civilizational approach, socio-cultural integration, structural functionalism and the network method were identified and analyzed. Also, legal methods were considered separately, which, according to the results of the study, were recognized as the most fair and consistent for a number of reasons. Among them, negotiations, mediation, arbitration (arbitration), the method of institutionalization of political conflict, political mediation and judicial proceedings are considered. The appeal to legal methods of resolving political conflicts becomes particularly relevant during the wartime period, when the threat of the use of nuclear weapons increases and war crimes are committed.According to the results of the study, it was concluded that legal methods of resolving political conflicts are the most effective and civilized among others. They are structured, clearly formulated in the form of regulatory legal acts, some of them can be implemented in the form of procedures with mandatory execution of the decision, are politically neutral, are carried out with the support of professionals and based on previous constructive experience.
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66.70%
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