bluuebunny/crossref_metadata_2025 huggingface dataset:
Speech of the modern forensic public speaker: From vision to fulfillment
Authors:   Tomsk Polytechnic University, Volkova Tatyana F.
Published: February 2023

Based on the material of a separate speech of a particular court speaker in the aspect of communicative effectiveness, the preparing for the speech (work on written versions of the text) and the speech itself (oral implementation of the text) are analyzed. The effective and ineffective strategies of the lawyer's speech behavior during the work on the speech (structuring, editing, and pronouncing) are revealed. Basically, the speaker follows the rhetorical canons. He attaches great importance to his speeches, persuasion with the help of facts, preliminary preparation, but limits the involvement of various language resources. At the same time, the oral form of speech is more expressive; it includes many conversational elements, words that contribute to strengthening the logic and coherence of the text, attracting the audience's attention. There are no unnecessary words, abbreviations, colloquialisms, slang. This is due to the current trend of conducting trials, which does not imply the involvement of emotional means, and is determined by a judicial speaker's personal qualities. When making a speech, the speaker found a balance between non-standard - according to typical rhetorical rules - pace and volume of speech. As a result, it can be argued that the speech behavior of a particular person can become a model for such language personalities and even influence the formation of general rhetorical rules. Recommendations for improving the speaker's rhetorical competence are formulated. It is necessary for this speaker and similar professionals to rely on their own individuality, develop strengths (e.g., self-confidence, reliance on logic and facts, pedantry) and compensate, if possible, for weaknesses. For instance, an excessive focus on specific advantages leads to monotony of texts and predictability of perception. Therefore, it is necessary to expand the set of language tools for any speaker, including the analyzed person, because this increases the communicative and professional competence. The general impression from the speech is that the speaker is a confident, calm, reserved, pedantic, delicate person, who speaks competently, counting on the understanding of intelligent adequate people. The image of this modern court speaker is evaluated as harmonious because the idea is implemented consistently and effectively, but there are a number of aspects to master: eliminating speech errors, expanding the set of figurative words and figures of speech, more active use of gestures and facial expressions when making speeches.
Gleb Uspensky's soteriology: From “pig” to “angel”
Authors:   Herzen State Pedagogical University of Russia, Saint Petersburg, Dyachuk Tatiana V.
Published: February 2023

In modern philological studies, interest in the pathological in Gleb Uspensky's creative personality prevails, namely in the history of his mental illness. The content of the hallucinations of the patient Uspensky is explained exclusively by his suppressed and deformed sexuality. The article offers a different look at Uspensky's creative personality. The aim of the article is to identify the religious and ethical dominant in the creative personality of Uspensky. The research material includes Uspensky's literary texts and documents related to the history of his illness (letters, memoirs of contemporaries, autobiography of the writer). The methodological basis of this study amounted to a combination of methods of biographic, textual, and comparative historical analysis. The article proves that in Uspensky's works, long before his fatal illness, the plot about the struggle of a person with their animal nature was realized. The animal image in Uspensky's essays goes back to penitential canons, in which a sinner, calling to Christ, compares oneself to a “pig lying in feces”. The Christian understanding of sin was complicated by a complex of populist ideas about the social guilt of the privileged classes. Only those heroes of Uspensky who are not engaged in physical labor and do not help people resemble pigs. The article discusses the specificity of the writer's religious views. According to Uspensky, Christ is a hidden God. Invisible and unnamed, he is there with Uspensky's characters in their acts of repentance. Images of the Savior and the resurrection from the dead dominate in Uspensky's late works and form the plot outline of his hallucinations in illness. As a result of the analysis of documentary evidence related to the writer's illness, it is concluded that the experience of spiritual weakness in the struggle with the “pig” was assessed by the sick Uspensky as a path to resurrection, that is, to the restoration of the image and likeness of God in himself. Comparison of Uspensky's letters, as well as the memoirs of his contemporaries, allows concluding that the sick writer perceived himself and those around him as direct participants in the Gospel events - the mystery of the Resurrection. The writer experienced his bodily suffering in the projection of Christ's torment on the cross. Thus, Uspensky's soteriological experience testifies to the unity of his life and creative efforts aimed at fighting sin and gaining holiness.
The phenomenology of lifeworld and ancient Greeks
Authors:   Herzen State Pedagogical University of Russia, Krioukov Alexei N.
Published: February 2023

The object of investigation is a description of the phenomenological sense of the lifeworld. The problem is in the formulating of an adequate phenomenological method for disclosing the initial principle of integrity of man in the lifeworld. Research materials are the latest works by Edmund Husserl and by the modern phenomenologist Klaus Held. The research procedure is built as follows. Prelimanarily, I formulate the main problematic thesis by Husserl: a modern person has lost an initial connection to the lifeworld, which is the ground of their human life. Then other main theses by Husserl are formulated: ancient Greeks established a lucky harmony between theoretical philosophy and practical life; during early modern times a clear demarcation is made between the lifeworld and theoretical thinking; Galileo mathema-tized all knowledge; theoretical geodesy appears, leads to the emergence of symbolic forms as ideal entities, and claims for measurement accuracy. I conclude that in a new world picture we deal with a neoplatonic conception that represents objects as mathematized ideal forms measured with a high accuracy and we get a possibility of facts' scientific forecast. At the same time, I show some problems in Husserl's method: firstly, the notion of lifeworld is hard to distinguish from other similar notions such as Umwelt, Lebensumwelt; secondly, the phenomenological reduction method is too universal and formal and cannot discover a specific of the lifeworld in full. Therefore, I undertake an analysis of another phenomenological approach for solving the problem. The main principles of Klaus Held are: firstly, phenomenology is described as a science about appearance in its appearanceness; secondly, his method is genealogical because Held undertakes a phenomenological deconstruction of thinking principles of ancient Greeks through the key figures - Kant and Aristotle -in history of philosophy. I conclude that the principle of ancient Greek's lifeworld is based on pre-Aristotelian understanding of the world as formation, as conversion of elements into each other. A world where we are at home is the world of appearing things, growing by itself, and it can be expressed with a non-predicative language structure. Therefore, one can broadrn the Husserlian understanding of the lifeworld: the lifeworld is a habitual sensual perception of the things in their own appearance.
Grounds for subjective assessment of academic and teaching staff pay equity
Authors:   University of Tyumen, Efimova Galina Z.
Published: February 2023

Equity is defined as a correlation between a person's merits and their remuneration. The article deals with social and labour equity, regarding it as a subjective assessment of the ratio of payments for the physical and/or intellectual efforts of employees. The article aims to determine the grounds for the subjective assessment of academic and teaching staff pay equity. The empirical study was conducted in 2019-2020, based on expert interviews with 86 faculty members of leading Russian universities (University of Tyumen, Tomsk State University, Saint Petersburg Polytechnic University, and National Research Nuclear University MEPhI). The expert interview narratives allowed identifying seven categories for assessing subjective perception of pay equity (1) at a corporate level; comparing faculty members (2) in Russia and (3) internationally; (4) in terms of public/business organisations; (5) different spheres of activity; (6) historical periods; and (7) previous positions held either in the same or other organizations. The results show that (1) disparity in pay within a university (between structural units and positions) can reduce motivation or increase career aspirations. A high level of social and labour equity provides a sense of stability and increases organisational productivity. (2) The level of pay equity in Russian universities depends on their prestige and ranking. (3) When comparing the level of remuneration and the workload with their Western colleagues, the respondents were more likely to prioritise Russia. Employees experienced in international academic mobility choose to work in Russia. (4) Compared to other spheres of activity, university wages are mostly lower whereas faculty members appreciate the opportunity to increase their income through active scientific research. (5) The last 3-5 years have seen a positive change in pay equity, with teachers and other jobs compared. (6) Comparison between historical periods shows a positive assessment of the current situation in Russia. However, not all the respondents believe in the long term perspective. (7) Pay at the early career is the lowest, but the teaching and research load is high. Young teachers invest a lot of time in career development, working on their dissertations. Pay equity assessment by teachers of retirement age is high, due to family stability and availability of additional funding (e.g. pension, support by children).
Social practices and socio-psychological characteristics of Generation Z (Based on the results of focus group research)
Authors:   Tyumen State University, Zinurova Raushanya I. , Nikitina Tatiana N. ,   Tyumen State University, Fatkhullina Liliya Z. ,   Tyumen State University
Published: February 2023

The article examines the characteristics of “digital children” from the perspective of the theories of generations by Neil Howe and William Strauss, presents a modern interpretation of the theory in the works of domestic and foreign researchers. In domestic science, the characteristics of the digital generation are studied from the point of view of the psychological characteristics of representatives of the generation and the pedagogical influence on them, taking into account the informatization of educational institutions, the introduction of distance learning. This generation is characterized by a new - digital - type of socialization, which means the influence of the Internet technology and the virtual environment on the formation of values and attitudes, social practices of young people. Generation Z is a superior generation in many ways. It is the largest, most ethnically diverse and financially influential generation in human history. In the coming years, their characteristics will determine the formation of world culture, economy and politics. The youth of Generation Z inherits the degree of development of society, forms the image of the future, and is considered as the potential for the life of society. Due to insufficient practical development of this issue, there is a need for a systematic approach to studying the specific features of Generation Z, not only within the framework of the socio-psychological environment, but also the motives of their activities in political and socioeconomic systems, behavior patterns and features of their socialization. To examine the socio-psychological characteristics of the studied generation, the authors conducted a focus group study. In the study, the authors identified nine blocks for qualitative analysis: (1) characteristics of Generation Z; (2) relationship with parents; (3) leisure activities of Generation Z; (4) communication in network communities; (5) values of Generation Z; (6) positive and negative emotions of Generation Z; (7) communication with peers; (8) professional self-determination of Generation Z; (9) attitude towards patriotism. The highlighted blocks for analysis define a systematic approach to the study of characteristics and social practices. The study of isolated cases, subjective experiences of life situations and real practices that develop in various types of interaction allows us to understand the digital generation, to confirm or destroy the myths that have developed in the scientific community and the mass consciousness. The authors of the article draw conclusions about the characteristics and social practices of Generation Z, and the main forms of their interaction in the main spheres of life of modern society.
The political culture of the voters in the Republic of Tyva as an indicator of relations between the authorities and society (results of sociological research)
Authors:   Kemerovo State University, Matveeva Elena V. , Sat Aliya V. ,   Kemerovo State University
Published: February 2023

The article aims to review and analyze the phenomenon of political culture based on the case of the Republic of Tyva through the system of the electoral process as an indicator of the relationship between the authorities and the public using quantitative and qualitative research methods. The process of scientific understanding of the phenomenon of political culture is presented through the system of electoral sentiments and values of the population in the Republic of Tyva. The definitions of political culture are presented as a historical phenomenon that has been of scientific interest since the time of Plato and Aristotle. The definitions of modern Western scientists focus on the psychological basis of this phenomenon - political sentiments, attitudes, behavior, and affiliations. Russian scientists consider political culture as a more multifaceted and broader concept. Political culture is both a model of the functioning of political institutions and a system of sacred characteristics, as well as a synthesis of political thinking and behavior, etc. The research was conducted in January-May 2021 in two stages: at the first stage, a sociological survey was conducted; at the second stage, 20 focus groups were organized. The territorial coverage of the research included the city of Kyzyl and 11 districts of the republic. The sample of the survey was 1200 respondents, that of focus interviews was 240 people. The data obtained from the sociological survey demonstrate high interest of respondents in politics. This interest is associated with specific acts of party leaders and public actions within the city or district. The region has a high level of support for the United Russia party, which is associated with such political values as individual freedom, security and order. Focused interviews showed a high level of trust in Sergei Shoigu, a leader of the United Russia party. At the same time, the participants noted a number of problems hindering the development of the region - unemployment, corruption of the heads of public bodies, clannishness, and bribery. Respondents note the need for personnel changes to solve the problems identified. The results of the study show that societies with a traditional political culture are characterized by trusting relations of the public and the government, loyalty to federal and regional leaders, solidarity with the ruling government's course, as well as a lack of readiness for political protests, actions and other forms of expression of discontent, despite the presence of acute social and economic problems in the region.
The role of motivation in developing the readiness of Russian Sign Language interpreters for professional activities
Authors:   Novosibirsk State Technical University, Melekhina Elena A. , Minaeva Elena S. ,   Novosibirsk State Technical University
Published: February 2023

This research aimed at defining the key motives for choosing profession of a Russian Sign Language (RSL) interpreter and the way they influence students' development of the readiness for professional activity. The participants of the study were 68 students of Novosibirsk State Technical University (NSTU) majoring in Linguistics, the English Language Interpreter and Russian Sign Language Interpreter program, and 6 teachers of RSL combining teaching with interpreting practice. The data were collected through questionnaire with open-ended questions. The questionnaire asked what influenced the choice of the program of studies, about interests in RSL and the deaf community, how attitude towards the profession of RSL interpreter changed after the beginning of studies at the university, and about motivation. Similar questions were given to the teachers but in relation to their understanding of students' motives. Teachers were also asked to express their opinion on what kind of learning and extra-curricular activities motivate students to sustain their interest in the profession of an RSL interpreter. The findings demonstrate that majority of the students have determinedly chosen the program of studies either for pragmatic (state-funded places) or idealistic (interest in “unusual” language, “mystery” of deaf culture) reasons. The studies and interaction with professional RSL interpreters positively influenced their attitude towards future profession. Most of the students value the opportunity to learn from deaf teachers. The teachers identified the same motives of choosing the profession of an RSL interpreter by the students and added that they were trying to maintain students' motivation by organized immersion into deaf culture. The students are involved in various extra-curricular activities with the deaf community. They participate in cultural events, do trial interpreting, and act as volunteers. Such kind of involvement with the deaf community enhances students' intercultural awareness and provides stimulating ground for developing readiness for professional RSL interpreting.
Theoretical and methodological foundations of a systems approach in pedagogical science
Authors:   Tomsk State University, Sosunovsky Vadim S. , Zagrevskaya Alexandra I. ,   Tomsk State University
Published: February 2023

The concept of “system” is used in various fields of knowledge, since each science deals with the study and practical application of complex system objects and must find ways to accurately describe, study and build them. Not a single science can do without the use of systems research methods. The purpose of the systems approach is to single out integral systemic phenomena as objects of study, find integration mechanisms, identify necessary and sufficient conditions for the existence of a certain systemic phenomenon, study integrative systemic qualities, design an object that realizes a certain goal. The aim of the study is to determine the theoretical and methodological foundations of a systems approach in pedagogical science. To reach this aim, scientific and methodological literature were analyzed in the work to define the concepts of system, systems approach, and pedagogical system; to identify the main components of the systems approach, its structure, functioning and significance in practical application; and to identify differences between the systems approach and holistic and integrated approaches. At present, in educational activity there is a need for integration and differentiation of its components, aimed at the processes of intensification. In this regard, the question arises about the mechanisms for minimizing the constituent elements of the system without losing its quality and functioning. Consistency in pedagogical activity is often considered from a theoretical and managerial point of view. The theoretical meaning of this concept includes the creation of a pedagogical system based on methodological principles and conceptual approaches to building educational activities. The managerial meaning of the system lies in the control and regulation of educational activities aimed at their improvement. The systems approach is considered more broadly than the integrated and holistic approaches because it includes connections that are both at the same and different ordinal levels. In turn, holistic and integrated approaches can be considered as identical concepts that have mutually conditioning relationships. The systems approach in pedagogical activity plays a role not only in systematizing the elements of the system (determining their place and location in it), but also in their hierarchy, revealing interdependent relationships that imply the creation of more effective educational activities.
Intercultural communications training and its role in the formation of cross-cultural competence of foreign language learners
Authors:   Tomsk State University, Cam Muhammed F. , Minakova Ludmila Y. ,   Tomsk State University
Published: February 2023

In preparing this article, the aim was to substantiate the methodological foundations for the development of intercultural communications training and to carry out its practical testing in the framework of teaching a Turkish language course for different students. The material for the applied research was the content of Gokkugagi Turkge Ders Kitabi, a modern textbook for students of non-linguistic specialties. The methodological foundations of the communications training were the traditional procedures of group work, such as exercises, reflection of experience, interactive modeling, simulation, group discussions. In the course of the study, the authors summarized the modern scientific and methodological foundations for the development of intercultural communications trainings. The characteristic of cross-language and cross-cultural training is given, the differences in their use in the formation of cross-cultural competence are revealed. A detailed analysis of the goals, objectives, and stages of cross-cultural competence training is carried out. The main components of cross-cultural competence, whose formation is the aim of intercultural communications trainings, are identified. Practical testing of the presented intercultural communications training in the framework of teaching a Turkish language course for different students was carried out. When designing tasks of communications training, a system of didactic requirements has been developed; compliance with them allows optimizing the learning process, making exercises more accessible to perform, stimulating the acquisition and consolidation of communication skills and abilities, removing the psychological barrier, and motivating students to take an active part in tasks. As part of the preparation of the intercultural training, a number of exercises were selected to train, develop and consolidate foreign language skills. At the same time, the basic criteria that should be used in the selection of training exercises were identified (situationality, saturation with information, time efficiency, and creation of conditions for foreign language communication in the context of professional interaction). The complex of communicative exercises of the intercultural training includes tasks of a professionally oriented nature that optimize the development of students' foreign-language communicative competence, their professionally significant skills. The work on the proposed set of exercises contributed to the enrichment of the developing, educating, organizing and educational potential of students and the improvement of their overall intercultural competence in general. Based on the experience of developing an intercultural communications training, the authors formulated methodological recommendations for conducting such trainings while teaching foreign languages.
Problems of the legislative design of criminal law norms aimed at protecting fuel and energy infrastructure facilities of the Russian Federation
Authors:   Saint Petersburg University of the Ministry of Internal Affairs of Russia, Bavsun Maksim V.
Published: February 2023

Within the framework of the article, the author formulates problems associated with the legislative design of criminal law norms that provide for criminal liability for unauthorized connection to oil pipelines, oil product pipelines, and gas pipelines, or for making them unusable. The aim of the article was to develop and formulate approaches to the elimination of legal conflicts arising from the incorrect formulation of criminal law norms and to improve the practice of applying the norms of the Criminal Code of the Russian Federation, provided for by Art. 2153 of the Criminal Code of the Russian Federation. The article is based on the doctrinal provisions of the science of criminal law concerning the legal technique of designing criminal law norms, as well as materials of law enforcement practice. As a result of the study, the author demonstrates an internal inconsistency in the prescriptions of Art. 2153 of the Criminal Code of the Russian Federation, associated with excessive overload and fundamental incompatibility of signs of corpus delicti within the framework of one norm of the Criminal Code of the Russian Federation. In particular, mandatory signs of a particularly qualifying corpus delicti must include a special subject, a person subjected to administrative punishment for a similar act, and consequences, in the form of disruption of the normal operation of the oil pipeline and selfish or hooligan motives in the perpetrator's behavior. Thus, it is impossible to apply the provisions in practice without violating the principle of legality and using the analogy of criminal law. The author states that in many ways the nature of the origin of the problems that we have to speak about more and more often are constant questions about the competition between general and specific norms, and, if these questions are undecidable, we have to speak about the widespread use of the banned analogy. The conclusions of the study are: the author's proposals on amending Art. 2153 of the Criminal Code of the Russian Federation and other norms of the criminal law; an indication of the need to eliminate unnecessary duplication of the norms of the Criminal Code of the Russian Federation and to create more and more highly specialized special norms that compete with general criminal law prohibitions. In addition, the ways of changing approaches to the qualification of these acts have been identified; these ways allow for a consistent counteraction to negative socially dangerous acts and respect for the interests and rights of citizens.
Evolution of the status of constitutional justice bodies in the Kyrgyz Republic
Authors:   Southwest State University, Brezhnev Oleg V.
Published: February 2023

The article analyzes the main trends and features inherent in the evolution of the status of constitutional justice bodies in the Kyrgyz Republic. The aim of this research is to identify both the common features characteristic of this process in the countries existing in the post-Soviet space and the specific ones due to the peculiarities of the state and legal development of Kyrgyzstan. In the course of the research, a comparative legal method was used to analyze individual elements of the legal status of the Constitutional Court and the Constitutional Chamber of the Supreme Court of Kyrgyzstan (organization, competence, status of judges, legal force of decisions, etc.) in accordance with the constitutions of the Kyrgyz Republic of 1993, 2010, and 2021, the laws in force that regulated the organization and procedure for the implementation of constitutional justice, as well as when compared with the development of this institution in the Russian Federation and other CIS member states. In addition, analytical, formal legal and other methods were used, which made it possible to formulate the main conclusions. Based on a systems analysis of the legislation of the Kyrgyz Republic on constitutional justice, decisions of the Constitutional Court and the Constitutional Chamber of the Supreme Court of Kyrgyzstan, a study of the works of leading Russian (N.V. Vitruk, A.A. Klishas, I.A.Kravets, M.A. Mityukov, et al.) and Kyrgyz (A.A. Arabaev, B.I. Borubashov, R.M. Myrzalimov, B.T. Toktobaev, et al.) scientists in this field, the main tasks to improve the organization and implementation of constitutional justice in Kyrgyzstan were identified. These include: consistent strengthening of the independence of the Constitutional Court from other public authorities; a more detailed delineation of the powers of the Constitutional Court and other courts related to normative control, taking into account the processes of the formation of administrative justice; a more detailed regulation of the procedures of constitutional proceedings, including procedural differentiation of the procedure for exercising various powers of the Constitutional Court, modification of the norms on the legal force, and the procedure for the execution of its acts, including recognition of a certain discretion of the Court in determining measures necessary for the implementation of its decisions; improving the procedures for written proceedings and expanding the further use of information and communication technologies in constitutional proceedings, etc. The implementation of these tasks should be associated with general measures to increase the level of political and legal culture in society.
Criminal and legal aspects of preventive activities in the conditions of the “new normality”
Authors:   Southern Federal University, Koretsky Danil A. , Steshich Elena S. ,   Rostov Law Institute of the Ministry of Internal Affairs of Russia
Published: February 2023

The article proposes an introduction to the scientific and practical use of the term “new normality”, which is understood as a set of behaviors that traditionally and consistently contradicted the principles of jurisprudence and moral norms, but have now become widespread, and, due to repeated non-judgmental repetition, are gradually being fixed in the public consciousness and practice as a norm. In the course of a specific criminological study, the authors come to the conclusion that the novels of the “new normality” have become widely used at the stage of prevention of criminal law norms, although their general and special prevention is already in effect when a crime has been committed and the perpetrator has been criminally punished. In addition, this stage involves the elimination of the causes and conditions that contribute to the crime, and currently a prohibitive and restrictive approach to the turnover of objects or instruments of crimes and accidents prevails. The authors note that the lawmaking of the “new normality” period is very contradictory and, on the one hand, unreasonably overestimates the level of criminal legal potential; on the other hand, it also unreasonably softens the criminal legal assessment of some acts. The authors note that when planning preventive work, it should be assumed that suicides of minors and numerous previously unknown acts of violence by young people (beatings of peers and elementary school students with video recording and subsequent posting on the Internet, similar actions with brutal killings of animals, shootings with the police, murders and stabbings in schools followed by perpetrators' suicide) are based on internal causes of modern Russian society: alienation of an individual, indifference to each other, dissatisfaction with their position, social frustration, coarsening of morals, aggression and violence, unprecedented stratification of society according to material and power characteristics that replaced the Marxian division of society into classes in connection with the attitude to ownership of the means of production, selective operation of the law, lack of justice.
Biometric identification on the Internet: Trends of legal regulation in Russia and in foreign countries
Authors:   Ural State Law University, Kuznetsova Svetlana S. , Mochalov Artur N. ,   Ural State Law University, Salikov Marat S. ,   Ural State Law University
Published: February 2023

The past few years saw the world's increased interest in biometric identification of Internet users. Biometric data differ from other identifiers: they are immutable and inalienable from their carriers, so any theft (including as a result of leakage) can lead to irreparable consequences. The aim of the article is to study the legal regulation of online biometric identification and processing of biometric data in the United States of America, China, and the European Union, as well as to assess the Russian legal regulation of this area in the light of world experience. For this, the authors use a comparative legal methodology. Each of the cases selected as research material illustrates one of the three regulatory models the authors identified. Each of the models is based on a certain constitutional concept of establishing a balance between users' private interests, on the one hand, and public interests, on the other. The US regulatory model is based on the establishment of minimum government guarantees of human rights observance in the processing of biometric data, while operators of Internet platforms remain with wide discretion in determining the procedure for processing biometric information. The Asian model, implemented, in particular, in China, proceeds from the priority of public interests over the privacy interests of individuals. States that implement such a model in their national legislation form centralized databases of subjects' biometric data, actively involving private Internet service providers in this process. The European model, which is based on the General Data Protection Regulation adopted in the European Union, on the contrary, proceeds from the recognition of the priority of the interests of the individual over public interests, establishing for this purpose strict rules regarding the processing of biometric data by Internet service providers and making it almost impossible to create centralized databases for accumulation of such information. Analyzing the trends in Russian legislation, the authors come to the conclusion that legal regulation in Russia tends to the Asian model and note that its implementation is associated with significant risks to human rights and freedoms, including in connection with data leaks from biometric databases. The emphasis is made on the fact that Russia, unlike Asian countries, is a member of the Council of Europe and is bound by the human rights standards laid down in its international documents. These standards should be taken into account when legislating in this area.
Features of the motivation and appeal of a sentence in part of applying remand in custody
Authors:   Russian State University Of Justice, Filatyev Vladislav A. ,   Filatyev, Uvarov, and Partners Law Office
Published: February 2023

The study aims to (1) determine whether it is legitimate to choose a custodial measure of restraint to ensure the execution of the penalty of imprisonment under a sentence that has not entered into legal force and (2) assess, from the perspective of the principle of completeness and effectiveness of judicial protection, the possibility of appeal against the measure of restraint separately from the sentence. To reach the aim, constitutional legal and comparative legal approaches to the study of criminal procedural regulation and practice of its application were used. The author analyzed materials of criminal cases that ended with a sentence with a measure of restraint, including those subsequently appealed, conducted a survey and interviews with judges, used personal experience as a defense lawyer and representative of applicants in preparing and filing complaints to the Constitutional Court of the Russian Federation. As a result, the author found that the courts regard a guilty sentence with a sentence of real imprisonment as sufficient grounds for remanding a defendant in custody. Differences with the practice of several countries in Western Europe, in which persons convicted to imprisonment who are not in custody independently follow to the place of serving their sentence, were established. The author shows that the Russian practice of the “automatic” remanding in custody of a convicted person under the sentence which has not come into legal force contradicts the principle of presumption of innocence. It is recommended that in such cases the necessity for remanding in custody be assessed with due regard to the factor of the convicted person's evasion of punishment. The author demonstrates that the law does not provide a mechanism allowing the court to draw a reliable conclusion about a significant increase - in connection with the sentence - in the risk of evasion and to motivate its decision on the issue of the measure of restraint. The very possibility of creating such a mechanism is questioned. The author gives a critical assessment of the legal positions of the Constitutional Court of Russian Federation which do not allow to appeal the custodial measure of restraint separately from the sentence. The author concludes that the arguments given in the complaint on the measure of restraint, which are not related to challenging the sentence, can be considered by the court of appeal without delay. Proposals on the need to adjust the current legislation and law enforcement practice are formulated.
Bone and horn carving in decorative art of Kievan Rus in the 9th - the first half of the 11th centuries
Authors:   Institute of Archaeology, Russian Academy of Sciences, Zhilina Natalia V.
Published: February 2023

The aim of the work is general characteristics of bone carving art of Kievan Rus. The source is the archaeological material of South and North Rus. The methodology includes iconographic and stylistic analysis; use of the results of archaeological dating. In the course of the study, the author characterized iconography, stylistics, symbolism, aesthetics of objects; arranged objects from different regions in a single chronological row according to the dates of archaeological sites and analogies; characterized bone carving in the context of the art of the period in accordance with the kinds of ornament. As a result, conclusions are drawn. The role of the kinds of ornament in the formation of artistic appearance of bone objects and in the formation of style is determined. Complication of geometric ornament in the 9th and 10th centuries destroys the harmony of products, but the rhythmic organization in the 10th and 11th centuries returns harmony. Abstract curvilinear ornament regularly and harmoniously fills the zones and effectively accentuates the shape of the object with grotesque motifs. Curvilinear irregular braided ornament tends to Scandinavian styles; the regular one creates the basis for their adaptation and formation of local styles. Examples of plant ornament demonstrate the development in Rus of Eurasian decorative elite style. Zoomorphic ornament complements the elongated household items with volumetric ends, accentuating their form and function. Some of zoomorphic ends on the horn tips of the 10th and early 11th centuries has Scandinavian style, others original geometrized forms. A number of works reflect a stylistic symbiosis: European and Byzantine traditions; Scandinavian and plant ornaments. The pagan semantics is noted: the crest from Pskov with a mythological plot, idol-like image of human face; other symbolic schemes. The semantics reduces the aesthetic level; accents contradict the rhythm and create disharmony. Some of the works correspond to the level of the folk art: household items and amulets with geometric and abstract curvilinear ornaments, simplified transfer of zoomorphic motifs. The other part corresponds to advanced elite art of the Viking Age: spread and use of Scandinavian, Byzantine, and Eurasian tendencies, the formation of mixed stylistic variants. Display in a simplified manner of Scandinavian ornamental patterns of the 10th-11th centuries indicates its mastering. The art of bone carving demonstrates the same laboratory of choice as other forms of decorative art in Rus. it is related with woodcarving in the active use of geometric and braided ornaments, generalized zoomorphic and idol-like images. Plant ornament is not as widespread as in embroidery, filigree, woodcarving, which emphasizes the stage of its formation. The traditions of folk art were combined with the Scandinavian, Byzantine, and Eurasian ones; the developed versions formed the basis for future styles of Kievan Rus.
Ways to protect the rights of the buyer under international sales contracts in the case of the supply of goods from states applying economic sanctions to Russia
Authors:   Ural Institute of Management - Branch of the Russian Presidential Academy of National Economy and Public Administration, Chelysheva Natalia Yu.
Published: February 2023

The recent increase in attempts to import into the territory of Russia goods produced in states applying economic sanctions against Russian citizens and organizations invariably entails an increase in statistics on bringing business entities to administrative responsibility and, as a result, an increase in the number of complaints to arbitration courts against the actions of customs authorities. The proposed study focuses on identifying possible civil legal ways to protect the rights of participants in trade, violated due to the application of economic sanctions or counter-sanctions to one of the parties to the contract of international sale. The aim of the study is to identify mechanisms for protecting the rights of the Russian buyer under the contract for the supply of foreign goods, which are the recognition of the transaction as invalid and the termination of the contract. Within the framework of the aim, the following objectives are to be achieved: (1) to assess the legality and integrity of the conduct of the foreign supplier and the Russian buyer in the performance of contractual obligations; (2) to determine how to protect the rights of the buyer in case of delivery of goods prohibited for import into the territory of Russia, and, as a result, seized by customs authorities; (3) to identify the substantive grounds for claims that may be brought against a foreign supplier. The subject of the study is the scientific and practical substantiation of the requirements of the Russian buyer to a foreign supplier to declare the transaction concluded between them invalid, as well as to terminate the contract due to improper performance by the supplier of its obligations. On the basis of a synthesis of the latest jurisprudence, the author made recommendations on what way to protect the violated rights of the buyer should be chosen in a specific situation. So, according to the author, the buyer, to whom the goods of the country of origin prohibited for import into the territory of Russia are delivered, should, as a matter of priority, sue the supplier to invalidate the transaction as circumvented by the law due to the contradiction of its content to the super-imperial norms of Russian law. This will allow the buyer to recover in restitution all losses caused by such a delivery. In the absence of legal grounds for invalidating the transaction, the Russian buyer is further entitled to demand the termination of this contract, since the fact of the loss of the opportunity for the buyer to acquire ownership of goods delivered from abroad and seized by customs authorities indicates the supplier's improper performance of its contractual obligations.
On the variations of the deceased's Arm position in the Russian Orthodox burial custom
Authors:   Tobolsk Complex Scientific Station, UB RAS, Zagvazdin Evgeniy P.
Published: February 2023

In this article, I aim to conduct a comparative analysis of the deceased's arm positions (taking gender and age specifications into account) and define their distinct features. The burials examined are located in the Dormition Cathedral of St. Sophia, Tobolsk, and dated to the 17th century. The relevance of this study relies on examining one of the most important elements of the Orthodox funeral rites, the deceased's arm position, while simultaneously regarding age and gender specifications of funeral rites. The earlier studies researched these subjects separately. In order to define the region-specific features of the arm position variations, the frequency of their occurrences is also compared against the published data regarding other Christian burial sites in Northwest Russia, the Cis-Ural region, and Western Siberia, dated to the 16th-19th centuries. The research material comes from the excavations conducted by A. Adamov in 2005 at the cemetery grounds overlapped by the Dormition Cathedral of St. Sophia, Tobolsk (1683-1686). For the analysis, I selected 38 burials located in the western part of the cathedral grounds and outside them, under the parvis foundation. The skeletons' good preservation with the original position of bones intact enabled me to select such a number of burials for the analysis. All the burials analyzed had age and gender specifications. In order to organize different arm position variations into groups, I opted for a vertical division of the human body as per the principles of topographical anatomy. Three arm position groups were distinguished: arms on the abdomen or below the chest, arms crossed on the chest at the heart area, and a mixed position (the abdomen - the middle/upper part of the chest, the shoulder). By conducting a comparative age and gender analysis of arm positions discovered at the Dormition Cathedral's cemetery, I found that arms positioned on the abdomen and parallel to each other was the typical position for children. Arm positions among adults offered more variety. I should note that the position with arms crossed on the chest was typical for some of the male burials but did not occur in female burials. The positions from the other two groups occurred with similar frequency for both genders, taking into account the 2:1 male to female burial ratio in this cemetery. The comparison of arm position groups and variations in the burials at the Dormition Cemetery against the data from other burial sites dated to roughly the same time period and located in Northwest Russia, the Cis-Ural region, and Western Siberia, did not enable me to define any distinct region-specific features. In general, the frequency of the occurring arm position variations fluctuates considerably in different regions. It is evident that the positions with arms across the abdomen, below the waist, and on the chest are by far the most common ones. The mixed position occurs the least often.