Cuestiones Políticas 2021-02-09T15:03:16+00:00 Jorge Jesús Villasmil Espinoza Open Journal Systems <p>La revista <strong>Cuestiones Políticas</strong>, es una publicación auspiciada por el Instituto de Estudios Políticos y Derecho Público “Dr. Humberto J. La Roche” (IEPDP) de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia. Entre sus objetivos figuran: contribuir con el progreso científico de las Ciencias Humanas y Sociales, a través de la divulgación de los resultados logrados por sus investigadores; estimular la investigación en estas áreas del saber; y propiciar la presentación, discución y confrontación de las ideas y avances científicos con compromiso social. Cuestiones Políticas aparece dos veces al año y publica trabajos originales con avances o resultados de investigación en las áreas de Ciencia Política y Derecho Público, los cuales son sometidos a la consideración de árbitros calificados.</p> Conflictividad política, pandemia de COVID-19 y nuevos paradigmas 2020-12-08T23:59:00+00:00 Jorge Jesús Villasmil Espinoza <p>Everything indicates that the year 2020 will end up signified by high levels of political conflict that set up an international scenario of exponential entropy with testimonies for order and global stability. Add to that the economic and social havoc generated by the pandemic of the new coronavirus, the outlook for 2021 is not encouraging at all. However, the question for social scientists and philosophers in general is these events to shape new political, economic and sociocultural paradigms in the world? The objective of reflections lies in presenting in the special issue, Vol. 38, II part, and at the same time analyzing the scenarios of political conflict in the real world in the context of COVID-19. The conclusion highlights the fact that, despite the expectations of social justice, sorrow and human rights of much of human societies, the theoretical and epistemological elements necessary to shape new or at least models of political, economic and social organization beyond social and liberal trajinisms are not apparent from what academic elites see.</p> 2020-12-09T00:02:41+00:00 Derechos de autor 2020 Cuestiones Políticas Civil Identity of Youth in the Conditions of Regional Social and Political Tension 2020-12-08T23:59:05+00:00 Iana Alexeevna Siruikova Evgeniya Valer’evna Khramova <p>The article discusses the process of building the civil identity of young people in conditions of social and political tension, from a regional perspective. The formation of civic identity is a real problem of modern Russian society. The process is complicated by changes in the socio-political of the various regions. The media stimulates public discourse around the protest activity of young people. In the context of this scientific interest, the research presented in this article is carried out. Its empirical material is obtained during a grant study by the authors at the end of 2019. The research methodology is based on conflict resolution technology. As an empirical basis, materials from three focus group surveys, fifteen in-depth interviews and regional-minded internet resource content analysis on the topics of socio-political youth activity were interpreted. It is concluded that the republic of Tartaristan, as one of the regions of the Russian federation that has specifics in its economic, ethnic, and religious life, has become a platform for gathering empirical information.</p> 2020-12-09T00:02:41+00:00 Derechos de autor 2020 Cuestiones Políticas Religious Associations in Tatar Assr under Conditions of Mass Political Repressions of the 1930 2020-12-08T23:59:10+00:00 Ruslan Rustamovich Ibragimov Aivaz Minnegosmanovich Fazliev Chulpan Khamitovna Samatova <p>The paper discusses the situation of confessional associations in the Autonomous Soviet Socialist Republic of Tatar during the period of mass political repressions de in the late 1930s. The methodological basis was the civilizational approach, as well as the principles of objectivity, historicism, and social focus, which allowed the most effective development of the issue raised. The specificity of the period and the object of study are determined by the heyday of Stalinist repression and religious consciousness, which was carried by believers and clergy, and was not correlate with communist ideology. The very fact of the existence of the aforementioned believers and the clergy and the presence of Orthodox churches, mosques, Catholic churches and functioning religious buildings of other religions was fundamentally in line with the goals and objectives that the state authorities established during this period. By way of conclusion, the authors provide detailed statistical information (in support of their scientific arguments and conclusions) on the dynamics of the number of prayer buildings in the republic during the study period and at the same time account of the general conditions of mass repression that characterize the historical context.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Socio-Political Aspects of Russian Muslim Pilgrimage to Mecca in the XIX-Th Century 2020-12-08T23:59:17+00:00 Anvar Ajratovich Gafarov Mariam Arslanovna Galeeva <p>Starting from the middle of the 16-th century, during the foreign policy expansion increase, the ethno-confessional diversity of the Russian state was steadily increasing. The imperial policy aimed at assimilating non-Russian peoples sharply raised the issue of their identity preservation. For domestic Muslims, an important factor in cultural and confessional identity provision was the preservation and development of their traditional ties with the Islamic world. Various political, economic, cultural, and other contacts maintained with the countries of the Muslim East have become the basis for the stability of the Muslim community in Russia under imperial pressure. In this system, a special role was originally played by the Hajj (Muslim pilgrimage to the holy places in the Hejaz), which the official administration had to reckon with. The aim of the proposed study is to identify socio-political aspects, socio-political conditions, and the specifics of the Hajj implementation in the 19th century. After the analysis of office documentation, travel notes of Muslim pilgrims, and expert assessments of orientalists, the authors concluded that, despite the increasing opposition from the authorities, the significance of the Hajj intensifies in the 19th century. Hajj became not only the factor of opposition to imperial acculturation, but also a channel for presentation the ideas of renewal.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Security in Rights as a Variety of National Security 2020-12-08T23:59:22+00:00 Guzel Anvarovna Valeeva Dmitry Anatolyevich Lipinsky Valerii Gennadievich Golubcov <p> <em>Study purpose</em> is to determine the signs of legal security on the basis of existing scientific views and current legislation, excluding its overly broad understanding, leading to the fact that any legal requirement is included in the content of national security. <em>Methodology</em>: the basis is the dialectical method of cognition of the facts of social reality, on which the formal legal and comparative legal approaches are largely based. The methods of analysis and synthesis, abstraction, deduction and induction have found their application both individually and as part of other methods. <em>Main content.</em> We analyzed the features of legal security: normative; legal system stability; focus on eliminating legal threats and others, as well as criticized the widespread understanding of legal security as a form of national security. <em>Conclusions.</em> It is proved that it is necessary to distinguish between such phenomena as legal security and legal security as a form of national security, while the latter is part of legal security. In general, the entire block of legal security is not included in the content of national security.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Socio-Political Tension in the Russian Society: Case Study of Youths of the Republic of Tatarstan 2020-12-08T23:59:28+00:00 Sabina Rafailevna Efimova Evgeniya Valerevna Khramova <p>This article explores the level of socio-political tension in Tatarstan. The object of the study is the youth social group as a bearer of social activism. The investigation methodology is based on conflict audit technology. Technology involves the use of markers to assess sociopolitical tensions. The main evaluation marker identified a request for social justice. The distinctive characteristics of youth groups are the discretion of group affiliation, the lack of formed ideological attitudes and the latent nature of the formation of the general ideology of various youth communities. The political activism of the Russian youth does not have a pronounced ideological character and is not a decisive factor in the formation of socio-political tensions. It is concluded that the interest in the study of young people who as a group lack common ideological positions is scientifically relevant, even within radicalized communities and with comparative political identities. Consequently, the presence of stable ideological positions will contribute, in principle, to the launching of internal integration processes in these communities and to a stable organization of their discourses and struggles.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Special features of vocational training institutions in the context of pandemics 2020-12-08T23:59:33+00:00 Elena M. Chertakova Anna V. Lapshova Natalia V. Bystrova Zhanna V. Smirnova Marina N. Bulaeva <p class="Resumen">The coronavirus pandemic has had a profound impact on society. Educational institutions are taking steps to organize the learning process, which will not only preserve, but also improve its quality in the current critical situation. The purpose of the article is to analyze the experience of implementing distance education in the context of the coronavirus pandemic. The distance learning conditions created to guarantee epidemiological safety in order to preserve the health of students and teachers include the use of innovative technological means. We have proposed several solutions to the problems that have arisen in the process of organizing distance education: organizational problems on the technical side of the subject, reducing the burden of teachers and students, organizing effective independent work, and others. It is concluded that the distance learning media and technologies used in the teaching of professional disciplines contribute to the gradual development of the students' professional competence. The results of the study showed that distance education technologies implemented in the practice of a higher education institution expand the possibilities for students to master educational material.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Identifying the Mental Model of the Managers of Melli Bank Regarding Quantum Leadership using Q-methodology 2020-12-08T23:59:38+00:00 Ghasem Shariatikia Malikeh Beheshtifar Mohammad Montazeri Hossein Kazemi <p>At Bank Melli Iran, which is the site of research, there are different opinions and views on quantum leadership, each of which is representing a specific intellectual model on the subject. These diverse opinions form a space for discourse. This study will identify this discursive space in detail and also analyze it in order to reveal organizational models to present strategies to plan the improvement of Bank Melli's policies and plans. The methodology used in this research is Q-sort or Q-methodology. This methodology was able to reveal several courses in the speech forum. Studying discursive space, 74 factors were detected. In analyzing these propositions, finally, 59 factors formalized Q expressions. These propositions that form the Q order, were written by paras on 59 cards. A sample of Bank Melli managers was then selected using Q-sort arrange for these cards on the Q-chart using defined instructions. In interpreting and the results obtained, three large models were identified including the ambassadors of change, the pioneers of protection and the drivers of stability.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Unity of law and legal act as a key principle of the rule of law 2020-12-08T23:59:44+00:00 Ainur Razifovich Gilmullin Eduard Vladimirovich Krasnov <p class="a">This article discusses one of the key principles of the rule of law, such as the principle of unity of law. Consequently, the opinions of scholars who define this principle were a naturalized and their main characteristics stand out. In addition, the article provides an attempt to compare the principle of unity of law with the principles of the rule of law and highlight its general characteristics and differences. In methodological terms, the technique of documentary research and comparative hermeneutics was used. It is concluded that the categories of "rule of law" are understood by several authors very differently, there is no consolidation in the definition of this concept; often the above principles contradict each other: they express the static or dynamics of the rule of law, so they require additional doctrinal legal awareness and study. Under modern socio-political conditions, it would be better to use unity of law as the principle of the rule of law; because, it is the principle of unity of law that can provide effective and rational protection and realization of the rights and freedoms of citizens, societies and states.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Legal basis for the interaction between local with state authorities 2020-12-08T23:59:49+00:00 Jaafar Naser Abdulridha Salwan Jaber Hashim Evgeny Batirovich Sultanov <p>The objective of the article is to analyze the legal basis for interaction between local and state authorities within the framework of the current constitution of the Republic of Iraq. At the methodological level, documentary observation was used. In recent years, after the transition to a new political regime in Iraq in 2003, many issues relating to local administrations and their interaction with state bodies have been identified and enshrined in the Constitution of the Republic of Iraq in 2005. Some of the most serious problems are the lack of a clear organization of relations between government bodies and local governments, the efficiency problems of the various authorities, as well as the lack of flexible solutions in legislation and the Constitution. The need to solve these problems is often manifested at all levels. At the same time, we find no real decisions that do not cause popular discontent in all Iraqi provinces, especially in Basra province. It is concluded that relations between regional and national authorities are mediated by the presence of bureaucracy, financial and administrative corruption administrative and political conflicts between political parties.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas The philosophy of private deterrence in the penal code 2020-12-08T23:59:54+00:00 Jaafar Naser Abdulridha Qusay Ali Abbas Salwan Jaber Hashim <p>The aim of article was to discuss the philosophy of private deterrence under Iraq's penal code. The methodology adopted was the inductive approach, which helps to extrapolate legal texts with this study and the jurisprudence of legal jurists. The Legislator applies to the threat with punishment the harm and pain that will be inflicted on them if the crime is eaten by law, what is known as public deterrence speech. For its part, the special deterrent will be responsible for reforming the meaning and morality of the offender, following various means provided by the legislature and designing a method of education of the deprived of liberty, allowing them the voluntary work determined by the conditions of each penance conditions or even by the subsequent formal and informal reintegration mechanisms of ex-convictions. It is concluded that these methods and others can contribute significantly to the achievement of the deterrence objectives, which is to reform and evaluate the offender's conduct according to criminal gravity on a case-by-case basis.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Taxonomy of compulsory and incentive legal consequences (legal measures) of committing illegal acts 2020-12-08T23:59:59+00:00 Oleksandr V. Kozachenko Olesia K. Vasyliaka Larysa V. Chornozub Olha M. Musychenko <p class="Normal1"><span lang="EN-US">The article is prepared for the purpose of publishing the results of scientific research obtained in the process of applying the taxonomic methodology for systematization of measures of legal influence. The methodology used the approaches of philosophical and legal theorization, a dog and systemic functional. One way of conclusion is proposed for the first time to use the taxonomies of legal measures. The study highlighted three aspects of legal measures: relational, predicate and functional. The relational manifestation of taxonomy allowed to identify the substrate of the external form of legal influence, which is the measure. It has been established that the form and method of legal influence is the dominant element of each legal measure. The predicative dimension of taxonomy allowed to form a taxonomic system of information in which the following taxonomic categories and taxa are distinguished: type - social events; subtype - legal measures; class - public and private legal measures; gender - separation of legal measures according to their sectoral affiliation; subgenre: the allocation of incentives and coercive measures; supervision - legal measures in their various forms and other measures that have no signs of legal liability.</span></p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Foreign policy factor in State-Church relations in the Soviet Union during World War II and early post-war 2020-12-09T00:00:13+00:00 Ruslan Rustamovich Ibragimov Aivaz Minnegosmanovich Fazliev Chulpan Khamitovna Samatova Boturzhon Khamidovich Alimov <p>The objective of the research was to study Russian State and Orthodox church relations in the context of world war II and the early post-war years. The line of this article is due to the important role of the Russian Orthodox Church in the history, modern political and cultural life of Russia. In this sense, the period of State-Church relations in the USSR during world war II, known in Russia as a great patriotic war, is of great scientific interest because it was the time when the government was forced to make adjustments to its religion policy. Methodologically based on a wide range of documentary sources, the authors of the article have identified the place and role of the Russian Orthodox Church in the foreign policy of the USSR during the approach. In this sense, it is felt that the role of the Russian Orthodox Church in building relations with the allies of the anti-Hitler coalition and its place in the expansion of the Soviet political system in Eastern Europe was of paramount importance as a foreign policy factor.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Conflicts associated with migratory processes: a political perspective 2020-12-09T00:00:27+00:00 Victoria Ravilꞌevna Sagitova Andrey Valeryevich Ivanov <p>The objective of the research was to discuss the conflictive nature of the migratory processes that occur in the world today. The need to adapt and solve daily problems inevitably requires the State to implement international, state and regional standards for the implementation of the rights and opportunities of migrants both in the territory of the donor country and in the territory of the recipient country. On the other hand, we see an increase in the phobia of migrants and the characteristic racism of countries where labor migration flows are increasing. In methodological terms, use was made of hermeneutics close to political ethnography. It is concluded that, for a long time, the criticism of racism has developed as a criticism of colonialism, Nazism, including anti-Semitism, and in modern times as a political criticism of migration-phobia and nationalism, in which the Racist speech and practices have found and do find obvious and complete expression. Migrant phobia is a concept that latently generates motives of political, ideological, racial, national, religious hatred, xenophobia, or hostility towards an ethnic or social group within the framework of social practices.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Political, Military and Technical Cooperation of the Republic of Uzbekistan in the Framework of the Shanghai Cooperation Organization 2020-12-09T00:00:37+00:00 Marat Zufarovich Galiullin Farkhad Linarovich Gumarov Ramil Rashitovich Kadyrov Elvira Imbelevna Kamaletdinova The article is devoted to the analysis of the main vectors of technical-military cooperation of the Republic of Uzbekistan within the framework of the Shanghai Cooperation Organization (SCO) in the Central Asia region. The SCO is widely believed to have been part of the Asian version of the North Atlantic Bloc and represents an organization with many areas of activity, where the technical-military cooperation of member countries plays an important role. The main objectives of the organization are to promote peace and stability in one more context, book the development of terrorism, separatism, extremism and drug trafficking, economic cooperation and energy partnership, cooperation and scientific. In made or use of the method anzé of systemic. It is concluded that cooperation in the technical-military field will provide the opportunity for the race to have a greater influence on global political and economic situations, without being abstracted solely from the tasks of the SCO, such as the mutual union of forces of major international organizations. The organization referred to will be in the resolution of various problems, both regionally and globally, to the extent that the talós objectives are consolidated and achieved. 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Training and implementation of the environmental, economic, and legal development policy of the regions: main practice-oriented approaches 2020-12-09T00:00:48+00:00 Hryhorii Bukanov Svitlana Skakovska Viktor Kulbaka Olena Sytnichenko Olesia Kulbaka <p>The article explores the possibilities of practice-oriented approaches in public administration, in the field of training and implementation of the ecological development policy of the regions, between areas, modern social and economic conditions instead. The methodological basis of the study consists of general scientific methods of cognition and social processes (analysis, synthesis, generalization, classification) and sociological methods for obtaining empirical data. The forms of optimization of public administration in the field of training and implementation of the ecological development policy of the regions are concluded, manifested in the practice-oriented approaches select in the following directions: from the framework outside responsibility and legal in the field of environmental protection; strengthening the role of economic mechanisms and environmental management tools in the regions; modernization of the public and state administration system in the field of environmental protection, and; Dissemination of an instrument of cross-sectoral social collaboration in the field of training and implementation of ecological development policy.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Implementation of the Function of Maximizing the Security Level in the Administration of Justice in the Digital Economy 2020-12-09T00:01:01+00:00 Damir Khamitovich Valeev Anas Gaptraufovich Nuriev The research analyses the implementation of the role of maximizing the level of security in the administration of justice in the context of the digital economy. Methodologically, the documentary observation research technique and, to process sources, sociological-dialectical analysis were used. Digitization as a transformational factor of many branches of social relations implies dependence on the implementation of a series of interdependent legal facts with digital technologies so that the action has a legal and concrete result. The digital level as a new platform for the implementation of a number of public functions posing new challenges for the public administration system and also determines the status of new functions that can provide a "digital future" with a positive development dynamic. Conclusion mode everything indicates that, these new functions can be austable in order to maximize security in the implementation of public functions in response to new threats. Particularly sensitive is the area of justice administration, which is also actively introducing many digital tools into the case-resolution process. 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Digital Objects: The Legal Peculiarities, the Role and Prospects of Use 2020-12-27T23:03:30+00:00 Timur Giorgievich Okriashvili Voronin Maksim Valer'evich Albert Valentinovich Pavlyuk Elena Anatolyevna Kirillova Digital assets are increasingly used in civil invoicing, which requires the development and unification of legal standards in the field of the creation and use of digital assets. The main objective of this study is to define digital assets as a legal category and precisely characteristics for the digital objects of other civil objects according to identifications. Methods of analysis of legal standards, collection and study of individual facts, statistical methods, scientific abstraction methods and methods of representation of the archives were used. The study that digital objects are an independent legal category, which is an intangible digital asset that can only be created with the help of modern technologies, my that ownership of digital objects arises from the moment of verification with a verification with a code and the realization of a digital input. in a special transaction log. For the right of inheritance of digital objects, it is necessary to implement a verification of holder verification and identification of digital objects during their creation and disposal. 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Distance and Online Learning Solutions in the Context of Modern Legal Educational Policy 2020-12-09T00:01:17+00:00 Raviya Faritovna Stepanenko Irina Nailjevna Ainoutdinova Natalya Viktorovna Krotkova The objective of this article is the best strategies and models of distance and online education to universities in the context of modern legal education policy, tempting its effectiveness. The methodological framework of this research is based on the comparative anective of distance and online education best practices offered by some universities around the world. A full study of the technical, pedagogical and managements issus of distance education has also been provided. Based on an empirical approach, testing, evaluation and control of usability, accessibility, file and security of some techniques, and related resources have been carried out. An experimental study has also been conducted with the aim of obtaining, comparing and using certain relevant data on the attitudes, priorities and learning outcomes of law students in a traditional versus distance learning environment. The main result of the study is the design of a model of mass, open and lively distance learning and teaching that enhances the quality of university education in general and the training of law students in particular. 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Criminal Liability of Medical Profecionals Negligience: Comparative Analysis 2020-12-09T00:01:23+00:00 Kateryna Danchenko Olga Taran The purpose of this article is to study the criminal liability of medical professionals in cases of suspension, in accordance with jurisprudence in Ukraine, the European Union and the United States of America (USA). He made the comparative method. According to the investigation, the number of criminal proceedings in Ukraine by the authority and misconduct of medical doctors is about 2% per population, my figure that rises to 30% in Europe and is the stable yes in the US and is 28%. 32%. The main objective of the article is often area identify specializations in the medical office occurs with the mayor based on Ukrainian jurisprudence (data from Ukraine's only state judicial decision register from 2016 to 2019). In addition, the study analyses the impact of the main influences on the ability of medical professionals for their professional functions. From counting the results show that surgeons, gynecologists, paramedics, and anesthesiologists are the most prone to deviation and medical error. Key proposed criteria have been proposed as medical errors differ from medical writing. 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Internet Media During the COVID-19 Crisis 2020-12-11T13:39:05+00:00 Olga Trishchuk Oksana Grytsenko Nadija Figol Tetiana Faichuk Vasyl Teremko <p>This article defines the main characteristics of the media during quarantine, analyzes the peculiarity of online media during the crisis caused by the coronavirus pandemic COVID-19 and highlights changes in the content of media platforms during the spread of the coronavirus pandemic, considering changes in user interests and new media projects offered especially during this pandemic. General scientific research methods (analysis, synthesis) and special research methods of online media characteristics (content analysis) have been used. Based on the results of the survey, the most popular online platforms were identified during quarantine restrictions, the most vulnerable areas of online media were identified during the crisis, and details of the presentation of material on OVID-19 were analyzed by various means. It is concluded that social quarantine restrictions have led to an increase in activity among users of online media, now focusing on the content of the information and the constant monitoring of the situation of the pandemic, as well as ways to defend against it.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Restriction of the Rights of Russian Senators as a Political Responsibility 2020-12-09T00:01:35+00:00 Ruslan Faritovich Garipov Denis Ivanovich Igonin <p>This article explores the features of the implementation of individual parliamentary rights by members of the Federation Council, the upper house of the Russian legislative assembly. The relevance of the study is since in recent years there has been a transformation in informal practices of political influence on parliamentarians. In this sense, the object of the study was the analysis of individual legal norms, the regulations of the Federation Council and the practice of holding parliamentary hearings. The authors focused on the negative consequences expressing the responsibility of senators, considering the ambiguous statutory regulation of such measures in modern Russian politics. During the development of the scope of activities carried out by the upper house of the Federal Assembly, the reasons by which its members could lose their powers were significantly expanded. By way of conclusion, it was noted that, despite the rarity of the application of such sanctions, the authors recorded a systematization of forms and measures of responsibility used for political purposes. Such tendencies create artificial barriers to the implementation of certain senatorial powers and acquire a political character.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Electronic technologies during local elections: new challenges 2020-12-09T00:01:40+00:00 Boris Perezhniak Catherine Karmazina Ruslana Dudnyk Kostiantyn Solyannik Oleksandra Severinova <p>The COVID-19 pandemic poses new challenges, as no one can propresa will burst a new wave of morbidity. It is therefore worth thinking about the implementation of the electronic voting procedure. In view of this, it is important to explore the role of electronic technology in local elections, share it with the experience of several countries, as well as as analyse new opportunities for the transformation of the electoral process. The aim of the work is to study the role of electronic technologies during local elections. The subject of research is electronic technologies during local elections and social relationships that arise, change and end during the use of electronic processes during local elections. The research methodology combined a set of philosophical, general, and special approaches to scientific knowledge. A study of electronic technologies in local elections has shown that electronic technologies play an important role in electoral processes. It is concluded that, under modern conditions, it is important for Ukraine to support the electoral process with the latest electronic technologies, because these technologies, if used correctly, ensuring election democracy and greater the efficiency of democracy institutions represents.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Social and legal guarantees of the rights of convicts according to the legislation of the Russian Federation 2020-12-09T00:01:49+00:00 Lyaysan Renatovna Mustafina Gulnara Mullanurovna Khamitova Gulnara Ildarovna Nafikova <p>The objective of the article is to examine the social and legal guarantees of the rights of convicts under the legislation of the Russian Federation. The socio-documentary method was used. The square of the subject lies in the development of a system of social protection of the population in prison institutions. After all, convicts, like other people, need social protection and social security from the state. Upon entering the prisons, they experience adaptation and have no idea of the existence of certain legal and legal social guarantees. Supporting a segment of the population as convicted requires social and legal guarantees, thus improving the conditions of their service in places of deprivation of liberty. Places of deprivation of liberty are counted, because social work aimed at supporting these categories of population, such as the elderly and mothers, adheres to places of deprivation of liberty, because social work is oriented precisely to these categories of population, where necessary, as well as to protect motherhood, fatherhood and children and , inmates, have much to contribute in these areas and social segments if they meet. </p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas Environmental crime: dialectical and criminological vision 2020-12-09T00:01:55+00:00 Stanislav Igorevich Golubev Julia Viktorovna Gracheva Sergey Vladimirovich Malikov Alexander Ivanovich Chuchaev <p>Traditionally, environmental crimes have been difficult to penalize both in Russia and abroad. Russian environmental legislation is not codified, it is a complex conglomerate of a wide variety of legal acts that are condemned to take into account the classification of environmental crimes and their delimitation of related crimes. Accordingly, the article examines the status, causes and some measures to prevent environmental crimes. The general methodological basis of the research was formed by the basic provisions of the dialectical method of the study of the phenomenon of legal in its text-context relationship. All the evidence can be concluded that the reasons for the production of environmental crimes include the ineffectiveness of the activities of law enforcement agencies, economic determinants and reasons in the field of legal awareness. In addition, the analysis of the statistical table of environmental crimes recorded a clear disproportion between the real situation in the field of ecology and the fight against such crimes. At the same time, the most significant factor that distorts the real image of environmental crimes is there and recursion latency in the concrete.</p> 2020-12-09T00:02:42+00:00 Derechos de autor 2020 Cuestiones Políticas The investigator as an independent subject of criminal prosecution in cases of terrorist crimes 2020-12-09T00:02:02+00:00 Alexander Yurevich Epihin Oleg Aleksandrovich Zaitsev Zyufyar Shakirovich Gataullin Larisa Gennadyevna Tatyanina Andrey Viktorovich Mishin <p>This article aims to study the theory and practice of criminal prosecution of terrorist crimes in the Russian Federation. Most of the scientific work is mainly devoted to the study of criminal law and the criminological aspects of the fight against such criminal activities. It is therefore of particular importance to identify the problems of legal regulation of the investigator's activities in order to prosecute criminal offences and develop proposals for their optimal resolution. Cognitionic methods include: an anthropological, synthesis, statistics, partner, particular, systemic structural, legal modeling. In the Russian federation the prosecutor has judicial supervision in the criminal proceedings. Everything concludes that Federal Law of the Russian Federation No. 87-87-05.06.2007 redistributed control of the criminal proceedings by the investigator of the corporation a series of substantive rights of the chief prosecutor of the investigating body. In this sense, the optimal proportion of departmental control and tax supervision of the investigator, such as the establishment of a reasonable balance of these powers of control and supervision, increases the effectiveness of criminal prosecution of terrorism offences.</p> 2020-12-09T00:02:43+00:00 Derechos de autor 2020 Cuestiones Políticas Some Questions of Parole in the Criminal Law of the Russian Federation 2021-02-09T15:03:16+00:00 Ildar A. Tarhanov Ramil R. Gayfutdinov Adel M. Karimov Ilnur A. Muzafarov The article examined fundamental issues of parole in the criminal law of the Russian Federation and, at the same time, aspects of the negative deloscope impact on the identity of the inso, from various points of view on the "social elevators" programme. All these social problems cause a low level of voluntary softening of the damage caused to the victim. During the analysis, we found that the legislature did not formulate well the model that it behaves encouraging to compensate for the damage caused, as set out in the standard text. An indication of the possibility of using incentives in the event of damages the possibility of an ambiguous interpretation of the standard text, leading to difficulties in law enforcement. In the conclusions, we express our position on the need for legal regulation other than this issue. Particular attention was paid to the victim's role in determining the amount of damage. The input of the article focused on discussing various approaches to this issue and establishing the need to clarify the criminal legal status of the victim at the level of the plenary session of the Supreme Court of the Russian Federation. 2020-12-09T00:00:00+00:00 Derechos de autor 2020 Cuestiones Políticas Tendencies for the Development of Marriage Conflict Legal Regulation with the Participation of Foreigners and Persons without Citizenship in the Post-Soviet Space 2020-12-09T00:02:18+00:00 Gulshan Gurezovna Bodurova Sanavbar Nazirkulovna Tagaeva <p>The article describes trends in the development of legal regulation linked to collisions that regulate marriage matters under the laws of post-Soviet countries. At the methodological level it is a comparative research of documentary basis. It is noted that, despite the general historical development of legal institutions and ongoing harmonization, the regulation of the principles of marriage collision has its own peculiarities in the countries of the former Soviet Union. This trend is explained by the specific and heterogeneous regulation of marriage and family relations in the legislation of different countries. But in the context of integration processes, the displacement of people from one country to another, marriage and family relationships also tend to develop. The article provides comparative analysis of the vast material, especially regulatory legal acts of post-Soviet countries, which regulate marriage and family relations in order to identify common and special characteristics. They revealed trends in the regulation of marriage conflicts in post-Soviet countries, as well as the regulation of marriage disputes in a consular office or diplomatic mission.</p> 2020-12-09T00:02:43+00:00 Derechos de autor 2020 Cuestiones Políticas Features of Qualification and Prevention of Smuggling of Narcotic Drugs, Psychotropic Substances: their Precursors or Analogues 2020-12-09T00:02:24+00:00 Khayrullina Rezeda Gazinurovna Kravchenko Olga Dmitrievna Tobolskaya Victoria Valerievna Nedorezova Olga Yuryevna <p>The article is dedicated to the consideration of factors influencing the state of the situation in Russia in the field of detection and repression of the smuggling of narcotic drugs, psychotropic substances, their precursors, and analogues. In the methodological field it is an analytical research based on documentary, close to legal hermeneutics. Specifically, thearticle analyses Russian legislation, offers options to solve problems in the field of smuggling narcotic drugs, psychotropic substances, their precursors, and analogues. The authors consider the real problems of countering the drug threat, which is currently a serious obstacle to the development of the state. By way of concluding the nature and magnitude of the negative consequences, illicit trafficking in narcotic drugs, psychotropic substances, their precursors, and analogues can be classified as direct threats to national security. Today, the issues of countering the illegal circulation of narcotic drugs, using modern information technologies, improving mechanisms to convert goods obtained from illicit drug trafficking into state revenue are relevant.</p> 2020-12-09T00:02:43+00:00 Derechos de autor 2020 Cuestiones Políticas The problems of organization and legal responsibility (civil and administrative) in the field of telecommunications in Iraq 2020-12-09T00:02:31+00:00 Jaafar Naser Abdulridha Ghani Ressan Gadder <p>The objective of the investigation is to analyze problems of organization and legal responsibility (civil and administrative) in the field of telecommunications in Iraq. The methodological basis of research consists of dialectical approaches, as well as special methods of studying legal, comparative-legal, structural-functional phenomena. Mobile phone use has spread widely among consumers. The mobile phone revolution has transformed lifestyles and livelihood resources with their envelopes to creating new business activities and changing the way people communicate. It is concluded that the use of a mobile phone has many effects, which can be social, physical, sanitary, environmental, or legal. For the latter, we note in Iraq that there is no legal regulation of communications that adheres to the provisions of consignment service providers in their relationship with subscribers. In this way, some communications authorities took on the task of creating the legal, political and administrative conditions by issuing policies that identify, in many cases, the conditions to which the mobile service provider includes in the service contract.</p> 2020-12-09T00:02:43+00:00 Derechos de autor 2020 Cuestiones Políticas Constituent elements of prohibited vertical agreements in the competition law of Iran and the European Union 2020-12-09T00:02:37+00:00 Hedayatollah Soltani Nezhad Javad Hazeri <p>The objective of the investigation is to analyze the constituent elements of vertical agreements prohibited by Iran's competition law, in accordance with Chapter IX of the Law on the Implementation of General Policies and in accordance with Article 44 of the Constitution and, as set out in European Union competition law, Article 101 of the Treaty on the Functioning of the European Union. By vertical agreements it can be said that one of the types of agreements is wanted in the competition law. Any reference between natural or legal persons in the longitudinal direction (whether top to bottom or bottom up) that is not close to the consumer's interest is agreed. These agreements may include free clauses that are not compatible with the objectives of competition law. Methodologically, this is a documentary research close to comparative and legal hermeneutics. It is concluded that, to prohibit vertical agreements, they need to have the anti-competitive object or effect and also have a tangible impact on the closure of competition on the market.</p> 2020-12-09T00:02:43+00:00 Derechos de autor 2020 Cuestiones Políticas State regulation efficiency of food companies of Russia in sanction period 2020-12-09T00:02:43+00:00 Alexander Sergeevich Baleevskikh Oleg Ilyasovich Katlishin The article is dedicated to the new political course of the Russian Federation, aimed at overcoming the economic blockade of the countries of Europe, as well as the United States. Effective management of food enterprises should take into account the new economic conditions for the functioning of the food economic subsector. In view of the crisis associated with the spread of coronavirus, falling oil prices, the ruble situation, the development of an economic course to adapt the Russian food industry becomes paramount. Therefore, the purpose of this article is a set of government measures to regulate the dairy food complex of the Russian Federation, both federally and regionally for the period 2008-2018. An analysis of the dynamics of milk industry indicators showed that the level of self-sufficiency for the period 2008-2018 was below the standard: 0.90. The study correlated the economics "import" and "self-sufficiency". Based on the data, it is concluded that the Russian Federation needs global innovation in the food industry mainly to the effective management of the agricultural dairy subsector. 2020-12-09T00:02:43+00:00 Derechos de autor 2020 Cuestiones Políticas Mediation in criminal proceedings: legal regulation in Ukraine and foreign experience of application 2020-12-09T00:02:43+00:00 Motliakh Oleksandr Bezusyi Vadym Chudnovskyi Oleksandr Burlakov Serhii Shevchuk Hennadii <p>The purpose of the article is to study those conceived of the use of the mediation institution in the criminal proceedings of European countries to implement positive experience in Ukrainian law. The theme of the study is the institution of mediation in criminal proceedings. The following scientific methods were used in the research: dialectical, formal and logical, and legal, system and functional, comparative and legal, legal and other modeled methods. We study the concetorities of the regulation and legal of mediation in criminal proceedings in Ukraine, as well as the practice of its implementation, which is more than modest with other European states. Therefore, we draw on the experience of countries such as Germany, Poland, and the United Kingdom. It is concluded that, given the successful functioning of the mediation institution in most countries, we propose to emulate this positive practice and a separate law "On Mediation" in Ukraine. It is established that the main right for the legislative registration of mediation in Ukraine is the lack of information on the existence of such a way of resolving a criminal case.</p> 2020-12-09T00:02:54+00:00 Derechos de autor 2020 Cuestiones Políticas Dynamics of the implementation of the protective role in the conduct of crimes: the practice of the Convention for the Protection of Human Rights and Fundamental Freedoms 2020-12-09T00:02:54+00:00 Dariia Balobanova Iryna Gorbachova Anastasiia Otsyatsya Mykhailo Dmytruk Anastasiia Khylchenko <p>Criminal law offers the possibility of interfering with human life. To avoid such unjustified interference, society and the state must guarantee that human and civil rights are protected and that the standards established in the Convention for the Protection of Human Rights and Fundamental Freedoms are observed. Therefore, it is important to analyze the dynamics of the implementation of the protective function in the conviction of crimes in the interpretation of the European Court of Human Rights ECHR. In the methodological, he made of dialectics and documentary observation. The work aims to analyze the practice of the European Court of Human Rights, which tracks the dynamics of the protection function in sentencing for crimes. As a result of the study, the dynamics of the protection function in sentencing for criminal offenses were clarified through the practice of the ECHR, the problematic issues of the implementation of the protection function were analyzed in the example of Ukraine and foreign countries, and proposals were made, to use the practice of the ECHR as a “living tool” for the protection of human and civil rights and freedoms.</p> 2020-12-09T00:02:56+00:00 Derechos de autor 2020 Cuestiones Políticas Jurisprudence of the European court of human rights in the choice of precautionary measures in criminal proceedings: legal realities and perspectives 2020-12-09T00:02:56+00:00 Svitlana Romantsova Igor Zinkovskyy Ruslan Komisarchuk Olha Balatska Lesia Strelbitska <p>The article deals with the problems of application of the decisions of the European Court of Human Rights (ECHR) in the selection of precautionary measures in criminal cases in accordance with Ukrainian law. Since the procedural legislation of Ukraine is currently not perfect in the framework of the establishment and regulation of the application of precautionary measures, the decisions of the ECHR serve as an indispensable regulator of this issue. The objective of the work is to study the peculiarities of the application of the jurisprudence of the European Court of Human Rights in the selection of precautionary measures in criminal proceedings. The subject of the investigation is the jurisprudence of the ECHR in the context of the choice of precautionary measures in the criminal process. The research methodology included and combined the dialectical method, logical and legal method, analysis, synthesis. By way of conclusion, the study shows that the practice of the ECHR is mandatory to take into account not only the courts but also the investigators and prosecutors, who legally have the right to request the court to apply such precautionary measures.</p><p> </p> 2020-12-09T00:03:06+00:00 Derechos de autor 2020 Cuestiones Políticas Victimological measures to prevent violent offences for gain committed by children 2020-12-09T00:03:06+00:00 Volodymyr Shablystyi Andriy Kovalenko Anastasiia Hetman Roman Kvasha <p class="docdata">The aim of the article is to be a victimological description of violent crimes for profit by children in Ukraine. The research methodology was based on the equal combination of the legal method, logical and semantic method, comparative method, documentary, test method, classification method, method, and method of system analysis. Among the most notable results of the study were victims who contribute to the commission of crimes for profit and. Everything allows that, the theory of victimological modeling is a logical result of victim thought in criminology, which aims to be the models of the concluding victim of victims of crime crimes, etc.) in order to develop measures that are advised of the victim. The objectives of preventing lost crimes through the development and implementation of long-term state programmed for prevention. The implementation of these laundry programs a mechanism for the effective prevention of victims, the effectiveness of the fight against crime and will ensure safety.</p> 2020-12-09T00:03:07+00:00 Derechos de autor 2020 Cuestiones Políticas Influencia de la innovación en la competitividad de las medianas empresas del Ecuador 2020-12-09T00:03:07+00:00 Marcia Fabiola Jaramillo Paredes Oscar Mauricio Romero Hidalgo Martha Cecilia Aguirre Benalcázar Jonathan Alexander Ruiz Carrillo <p>This study had as an analysis of the influence of innovation on the competitiveness of medium-sized enterprises in Ecuador. The authors to innovation as the action of generating ideas through the management of knowledge of the use of technology, in order to influence the competitiveness of companies through the generation of added value in the offer of products and services. The methodology of the present article was developed as a non-experimental design of a transversal, exploratory and fundamentally bibliographic type to reference different texts and business contexts. In essence, it was a review work close to hermeneutics. The most reserve conclusions include that innovation as a comprehensive process that, seeking to make the most of the productive capacities of a given company, has implications and competitiveness, on the one hand, increases the quantity and quality of the services and goods that occur at the same time reducing costs; on the other hand, it affects the range that SMEs give their customers for their needs and desires with quality offers in a context of increasing national and global competence.</p> 2020-12-09T00:03:21+00:00 Derechos de autor 2020 Cuestiones Políticas Information technology in the litigation due to the pandemic COVID-19 2020-12-09T00:03:21+00:00 Nana Bakaianova Yurii Polianskyi Oleksii Svyda <p>Changes in IT information technologies in the judiciary have become particularly evident in the context of the pandemic in an urgent need to file documents electronically, hold online court hearings, and the need to respond and efforts to ensure justice are imposed. In view of this, it is important to analyze the location and importance of information technologies in the judiciary in the face of the COVID-19 pandemic, in order to pay attention to the shortcomings and prospects of their implementation. As a result, the work aims to study the location and importance of information technology in the judiciary in the context of COVID-19. The research methods used are the dialectical, statistical method, method give method, method of a legal analysis document, articles and monographs, generalization method, comparison method, synthesis method, modeling method. By way of conclusion, the scope and significance of information technologies in the judiciary in a pandemic such as this one is highlighted, although their widespread use leads to problems in the courts that require other investigations for effective resolution.</p><p> </p> 2020-12-09T00:03:22+00:00 Derechos de autor 2020 Cuestiones Políticas Virtual Mediation in the Field of Intellectual Property 2020-12-09T00:03:22+00:00 Tetiana Blashchuk Olha Shmyndruk Volodymyr Buha Olena Pysmenna Natalia Popova <p>The work aims to analyze the theoretical aspects of the use of information technologies in the mediation process, as well as the aspects of its implementation. The purpose of the investigation is online mediation as a form of resolution of intellectual property disputes. In addition, the topic of study is the social relationships that arise when using information technologies and mediation to resolve civil conflicts in the field of intellectual property. The research methods used in this case are the dialectical method, the generalization method, the comparison method, the analysis method, the synthesis method, the method in administration and the deduction method, the modeling method, and the abstraction method. As a result of the study, conclusions are drawn on the state of online mediation in the real world, the benefits and potential problems of introducing virtual mediation for disputed parties, the need for support for special applications, along with the need for the introduction of online mediation at the state level to a state policy.</p> 2020-12-09T00:03:31+00:00 Derechos de autor 2020 Cuestiones Políticas Innovation IT-Payment Technologies as a Know-how and an Object of Intellectual Property Rights 2020-12-09T00:03:32+00:00 Ernest Gramatskyy Inha Kryvosheyina Volodymyr Makoda Liydmyla Panova The modern society necessitates the introduction of new IT-solutions to meet its needs. With the spread of know-how, the need for its detailed analysis with the further determination of the direction of development. The purpose is to carry out an analysis of the introduction and functioning of know-how, as well as to determine the vectors of its use, taking into account the needs of participants in legal relations arising in this area. The subject of research – information technologies (know-how) as objects of intellectual property rights in their use. The methodological basis consists of the method of analysis, the method of synthesis, the dialectical method, the comparative-legal method, the system method, and the logical-legal method. The result of this work is to identify the importance of the information technologies in everyday life of modern society and the level of popularity of their use, outlining possible vectors of development in the economics in the direction of digitalization and justification of the need to improve the provisions of current legislation within the considered topic, expressing the idea of the direction of innovative information policy in the direction of active use of blockchain and maximum compliance with the protection of personal data of customers. 2020-12-09T00:03:33+00:00 Derechos de autor 2020 Cuestiones Políticas Foreign experience in professional development of private detectives 2020-12-09T00:03:33+00:00 Denysiuk Stanislav Motyl Ivan Vartyletska Inna Symonenko Nataliia Korotaiev Volodymyr <p>The objective of the article is to analyze international experience in the professional development of private detectives, in order to implement some positive aspects in Ukrainian law. The methodological basis of the research was articulated in a set of general and special scientific methods of scientific knowledge, a saber: historical comparative method and legal method, dialectic, induction method, comparative and legal method, formal and legal method. Based on the analysis of international experience, the education problems of private detectives, as well as those that recycling and advanced training features, whose study is necessary for the full development of the institution of the activity of private detectives in Ukraine, reveals the revelation of modern services for the training of private detectives in Ukraine. In the conclusions, the authors pay special attention to specialists in the activity of private detectives in several countries, where private detectives have a wide range of opportunities and their activity is actually compared to the activity of law enforcement. Finally, the requirements are proposed for candidates for the position of private detective, as well as for the program of their training.</p> 2020-12-09T00:03:43+00:00 Derechos de autor 2020 Cuestiones Políticas Description of the legal basis for the protection of labor rights of migrants 2020-12-09T00:03:43+00:00 Kozin Serhii Tatarova Tetiana Korzh-Ikaieva Taisiia Sokurenko Olena Maltsev Vitalii The objective of the article under analysis is the legal framework for the protection of migrants' labour rights, identifying a specific range of category-related regulations and their main provisions. The theme of the study is the analysis of the legal basis for the protection of migrants' labour rights. The research methodology includes and agreed on the following general and special and legal methods: dialectical, logical, systematic, and legal, normative and canine, comparative and legal and legal method. The results of the study are identified by key regulations, including documents of international importance and the Ukrainian legal system, whose rules are dedicated to the regulation of social relations arising in the labour field of migrants. In terms of its practical implications, based on scientists' analyses, the focus is on the meaning of the term "migrant". An alternative definition is proposed. Finally, attention is paid to the declaratory nature of international law in the field of the protection of the labour rights of migrants and is part of the importance of acts of national law in regulating this matter. 2020-12-09T00:03:45+00:00 Derechos de autor 2020 Cuestiones Políticas