The author considers the essence of the establishment of legal rules as the will of the State that forms the structure of social relations. Based on an instrumental approach, the author examines the establishment of legal rules and the rules of law in their interaction with social activity, which allows subjects to “find themselves” in the legal system. Thus, the structures of public authorities, establishments and enterprises are created, their goals and order of activities are determined, as well as the competence and powers of officials, and legal statuses are secured; consequently, the participants, objects, terms of starting, changing and terminating legal relations concerning society are determined, too. Hence, the law influences the content of social relations, which is activity. In general, the results of the activities of individual and collective subjects of law reflect social relations, and social relations need legal regulation. At the same time, social relations may appear not only as activity, they may also appear in a passive form as legal statuses, social institutions. They are also regulated through legal rules, and in that case legal influence is carried out through the establishment of legal rules. It is able to predict the legal forms of subject activities through the establishment of legal rules. The author puts forward a legal definition of the establishment of legal rules as a purposeful influence on public relations, which is to regulate by means of legal rules. Distinctions of legal regulation from legal influence are established. The legal means expressing external factors in reference to the subject’s will correspond to the establishment of legal rules. However, by analyzing a list of normative acts we can conclude that legal means should be established more logically. It is necessary to consider the dialectics of relationships between purpose and means in the field of rulemaking processes, since dialectics is of a two-way determinative nature.
Introduction: along with major civilizational revolutions, the past 50 years have seen advances of the biotechnological, or genetic, revolution. It has resulted in the development of industries such as transplantology, pro-creative technologies, gerontology, etc., which led to a sharp change in the anthropological situation and transformation of human corporeality. Due to the biotechnological revolution, people learned how to diagnose and treat hereditary diseases, life expectancy increased, and birth control became possible. This revolution gave rise to a new conceptual language, in the structure of which the concept of ‘genomic information’ occupies the most important place. Purpose: the article is devoted to the analysis and substantiation of the areas of legal impact on the results of genomic research, which is caused by technological modernization and new information processes occurring in chemical, biological, and medical science and practice. To achieve this goal, the authors study the problems arising from the circulation of genomic information and analyze the directions of legal impact on new objects appearing as a result of advances in genomic research. Methods: the methodological framework of the research is based on universal (philosophical), general scientific, specific (including special legal) scientific methods: dialectical, logical, concrete historical, sociological, comparative legal and formal legal. The specificity of the research subject determined the use of the systems approach. Results: we can distinguish three aspects in the analysis of the concept of ‘genome’: functional, informational, axiological. The genome is defined in different ways depending on which of the aspects is chosen; accordingly, different legal means and elements of legal impact are used within each of the aspects. Legal relations being the focus of the legislators' attention have a significant influence on the choice of means of legal impact. Conclusions: today it is necessary to seek solutions on how to legally ensure the establishment, regulation, protection of social relations in the field of genomic research. It is also necessary to supplement the current legislation of the Russian Federation with norms of protective nature that would prohibit employers or other organizations from demanding or requesting genetic tests as a condition for being hired or receiving social benefits.
The article is devoted to a crucial theoretical issue of the impact transformation under the influence of digital technologies. It is necessary to distinguish the process of law evolution in general and legal impact in particular, which presupposes a gradual, "dosed" change in the regulatory legal framework of the state in the direction of its greater adaptation to changing socio-economic and political realities from a more radical version of changes - from the transformation of legal impact under the influence of digital technologies and new qualities acquired by the information society. Legal impact in the digital environment demonstrates not only a new type of subjects, previously unknown to the classical paradigm of law, but also a special type of legal ties. From a legal point of view, the relationship pattern is of contractual nature on the Internet, reflecting the conventional process of interaction of quasi-subjects of law, which corresponds to the nature of almost any network interaction. However, the specificity is that norms are formed; and they contain self-regulation rules and have a legal impact on the subjects of network communication. The transformation of legal impact in the above sense presupposes qualitative changes in legal impact that are local in time, but reactive (accelerated) in intensity, accompanied by the complication of the legal impact organization, the emergence of new components under the influence of technological factors and, accordingly, new functions. The objective is to demonstrate the vector of changes in the contemporary theory of legal impact and acquire a new look for it. We use the data and material of modern characteristics of society to solve the problem. The transformation of legal impact occurs under the influence of changes in the legal and social systems having occurred as a result of the reconfiguration of social objects, which are traditional areas of legal impact, and owing to the forced transformation of legal means used by the state. The basic features of such transformation are revealed by the example of a theoretical comprehension of the “genomic information” concept and the attitude of the legislator to it. The result of the study is the conclusion that the transformation of legal impact is a sequential system of organizational, legal, mental shifts (innovations), which provide for the creation of new components of legal impact that do not coincide with their previous structures with a supplementary (or new) set of functions.
Many countries consider the patriotic education of the younger generation as one of the main state tasks. There is a search for new forms, methods and means of the patriotic education of young people. Patriotism is proclaimed a priority value and a leading direction in state policy of studied countries. The traditional means of the patriotic education of young people in Russia and China are singled out. With the widespread use of the Internet environment and mass communications, the sphere of patriotic education of young people is complemented by the introduction of Internet projects. The authors analyse the modern means of patriotic education of the Russian and Chinese youth. Similar means of this process in different countries are detected. The modern possibilities of patriotic education of the Russian and Chinese youth through the use of modern Internet capabilities are discussed in the article. Modern and innovative ways should be used in patriotic education, especially the favourite "toys" of young people: messengers, social networks, the Internet, etc. The authors found that the implementation of patriotic education is determined by individual approaches corresponding to the level of country development. The authors analysed modern Internet projects of the patriotic education of young people that are used in the process of forming civil-patriotic qualities of a young person in Russian and Chinese practice. The experience of the Russian Federation and the People's Republic of China in using Internet projects for the patriotic education of the young generation represents new guidelines for the moral development of Russian and Chinese youth. Based on the traditions of the past and modern technologies, the development of such projects can become a new means of patriotic education of the younger generation.
В монографии представлены онтологические и гносеологические основы теории правового воздействия. Обозначаются основные характеристики, компоненты и элементы правового воздействия. Автор применяет имеющиеся научные подходы (инструментальный, психологический и информационный) к изучению правового воздействия, анализирует понятийно-терминологический ряд, возглавляемый категорией «правовое воздействие», формулирует закономерности правового воздействия и представляет их как некоторый итог реализации теоретической наукой о государстве и праве своего научного потенциала. Результаты исследования могут быть использованы преподавателями, аспирантами и студентами высших юридических учебных заведений, а также практикующими юристами.
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