Этика и ответственность в публичной службе
The article is devoted to a critically important, in the author’s opinion, issue of the ethical regulation of public servants’ o^ cial behavior. He considers the complex of ethical-legal mechanisms as one of the most eb ective ways in order to correct the obviously unsatisfactory current situation of public life in this c eld. As long as it is not only Russia’s trouble and many other countries pay considerable attention to ethical aspects, the author re] ects the situation in the frames of a broader theoretical position and also addresses the international experience. In particular, he gives much attention to Canada, where the ethical regulation of public service is developed su^ ciently well and the country has achieved serious success in this respect. Ethical codes are considered as «moral navigators» in the contemporary complicated world, because vitality and legitimity of a political system much depends on whether political institutions and behavior of high rank public o^ cials correspond to the prevailed public values and ideals, accord with the norms and standards of public morality, or they do not. A degree of public trust to holders of public posts depends critically on it. \ e administrative ethical codes 31 Obolonsky Alexander V. Ethics and responsibility of dib erent levels and the «ethical infrastructure» that provide their fulc llment have been thoroughly analyzed. Special attention is paid to the role of the leader, to moral self-restrictions of public servants and to exercising control over them. \ e balance between moral and legal norms has been considered in details, as well as the modern situation of Russia in this c eld.
The article concentrates on Chicherin, a Russian philosopher and lawyer, and his views on the correlation between liberty, law and morality. The author comments on Chicherin's ideas in the context of other views existing at the turn of the 19th and the 20th centuries. These are the views of such representatives of the Russian socially political, legal and philosophical ideas as Kavelin, Novgorodtsev, Struve, Alekseev and others, including modern researchers. Special reference is maid to Chicherin and Solovyov's polemics, which is important step in the history of Russian philosophy. Pointing out a constant connection between law and morality, that often complement each other on the basis of common values, Chicherin strongly insisted on differentiating between these notions. He was sure that the only way to a moral ideal was freedom, not an outward compulsion. And our past historical experience is the best confirmation of this idea. The work also focuses on the fact that the peculiarity of Russian law philosophy is its concentration on the questions of morality and law, the attempt of becoming closer to a moral ideal.
Arguing about the juridical nature of the decisions of the Constitutional Court of the Russian Federation, taken in particular constitutional review, the author of this article concludes that the acts in question constitute a normative interpretation case law, equal in their legal power to forceverifiable the rules and have in some cases retroactive.
The article examines the role of an abstract interpretation of acts of the highest courts in the context of the unity of judicial enforcement, due to the need to implement the constitutional prohibition of discrimination enshrined in the administration of justice. Arguing about the validity of acts of abstract interpretation, the author concludes that their binding may be deemed constitutionally justified only if the current system of legal regulation in the mechanism of denial of constitutional jurisdiction.
The present catalogue contains abstracts for some 150 volumes, among which books, periodicals, miscellanies, published by the Institute of Philosophy of the Russian Academy of Sciences, the principal institute in Russia for academic research in all kinds of philosophical knowledge. These works, written by eminent Russian scholars, cover such fi elds as the history of Russian, Western and Oriental philosophy, ethics and aesthetics, synergetics and epistemology, social and political philosophy and concentrate on problems that have attained particular importance in the age of globalization and growth of national self-consciousness.
Angesichts der gegenwärtigen Belastungen in den Sozialsystemen, insbesondere in der Kranken- und Rentenversicherung, wird das Solidarprinzip, auf dem diese Systeme beruhen, in den aktuellen politischen Debatten mehr oder weniger radikal in Frage gestellt. Bei den Diskussionen um die Notwendigkeit des Abbaus bzw. des Erhalts der sozialen Solidarsysteme wird nur selten der systematische Stellenwert des rechtlichen wie ethischen Prinzips der Solidarität mit reflektiert. Die Beiträge des vorliegenden Bandes setzen sich teils mit der historischen Herkunft wie mit dem begrifflichen Bedeutungsspektrum von Solidarität , aber auch mit missbräuchlichen Verwendungen des Wortes auseinander. Teils reflektieren sie den Stellenwert, die begrifflichen Bestandteile und die Begründungsformen des Solidaritätsprinzips im Recht und in der Ethik. Und schließlich behandeln sie die Rolle des Solidaritätsprinzips in der Friedensforschung und in der Debatte um die politische Bedeutung der Kunst.
Smoking is a problem, bringing signifi cant social and economic costs to Russiansociety. However, ratifi cation of the World health organization Framework conventionon tobacco control makes it possible to improve Russian legislation accordingto the international standards. So, I describe some measures that should be taken bythe Russian authorities in the nearest future, and I examine their effi ciency. By studyingthe international evidence I analyze the impact of the smoke-free areas, advertisementand sponsorship bans, tax increases, etc. on the prevalence of smoking, cigaretteconsumption and some other indicators. I also investigate the obstacles confrontingthe Russian authorities when they introduce new policy measures and the public attitudetowards these measures. I conclude that there is a number of easy-to-implementanti-smoking activities that need no fi nancial resources but only a political will.
One of the most important indicators of company's success is the increase of its value. The article investigates traditional methods of company's value assessment and the evidence that the application of these methods is incorrect in the new stage of economy. So it is necessary to create a new method of valuation based on the new main sources of company's success that is its intellectual capital.
The article is devoted to the study of the authoritarianism prevalent in the mass consciousness of Russians. The article describes a new approach to the consideration of the authoritarian syndrome as the effects of the cultural trauma as a result of political and socio-cultural transformation of society. The article shows the dynamics of the symptoms of the authoritarianism, which appear in the mass consciousness of Russians from 1993 to 2011. This paper proposes a package of measures aimed at reducing the level of the authoritarianism in Russian society.
This work looks at a model of spatial election competition with two candidates who can spend effort in order to increase their popularity through advertisement. It is shown that under certain condition the political programs of the candidates will be different. The work derives the comparative statics of equilibrium policy platform and campaign spending with respect the distribution of voter policy preferences and the proportionality of the electoral system. In particular, it is whown that the equilibrium does not exist if the policy preferences are distributed over too narrow an interval.
The article examines "regulatory requirements" as a subject of state control over business in Russia. The author deliberately does not use the term "the rule of law". The article states that a set of requirements for business is wider than the legislative regulation.
First, the article analyzes the regulatory nature of the requirements, especially in the technical field. The requirements are considered in relation to the rule of law. The article explores approaches to the definition of regulatory requirements in Russian legal science. The author analyzes legislation definitions for a set of requirements for business. The author concludes that regulatory requirements are not always identical to the rule of law. Regulatory requirements are a set of obligatory requirements for entrepreneurs’ economic activity. Validation failure leads to negative consequences.
Second, the article analyzes the problems of the regulatory requirements in practice. Lack of information about the requirements, their irrelevance and inconsistency are problems of the regulatory requirements in Russia.
Many requirements regulating economic activity are not compatible with the current development level of science and technology. The problems are analyzed on the basis of the Russian judicial practice and annual monitoring reports by Higher School of Economics.
Finally, the author provides an approach to the possible solution of the regulatory requirements’ problem. The author proposes to create a nationwide Internet portal about regulatory requirements. The portal should contain full information about all regulatory requirements. The author recommends extending moratorium on the use of the requirements adopted by the bodies and organizations of the former USSR government.