WISDOM

To the 70th Anniversary of Kadzhik M. Oganyan

Robert DJIDJIAN — Mon, 25 Dec 2023 00:00:00 -0800

Review of the Monograph: Kolosov I. V. the History of Legal Consequentialism: The Effectiveness of Law

Igor MUKIENKO — Mon, 25 Dec 2023 00:00:00 -0800

This article presents a review of the monograph “The History of Legal Consequentialism: The Effectiveness of Law”.

I. V. Kolosov’s monograph is a comprehensive study of the use of the principle of utility and other principles aimed at achieving a certain effect, i.e., doctrines that are based on the fact that legally significant actions are approved or disapproved depending on their potential to achieve a result. The subject of this monograph is specific ideas about the effective implementation of legal activities within the framework of these doctrines, including in the context of lawmaking and law enforcement, which determines its practical significance.

I. V. Kolosov’s monograph is valuable for modern legal science from the point of view of its systematic, scientific, and representative analysis of scientific sources. The scientific significance of the monograph is expressed in conclusions, generalisations and proposals.

I. V. Kolosov’s research organically combines both a theoretical analysis of the content of legal doctrines of various time periods, from the standpoint of general philosophical, axiological, historical, general and comparative legal aspects, and practical conclusions and proposals regarding the possibilities of legal activities, taking into account the theoretical framework of legal consequentialism.

Floral Symbolism in Ukrainian Temple Art

Mon, 25 Dec 2023 00:00:00 -0800

The origins of the formation of plant symbolism in Christian temple art have been investigated, particularly on the example of the texts of the Holy Bible. The primary connotations of the garden’s symbolism in Christian sacral art are analyzed as an expression of the idea of a lost paradise, contemplation of the images of which is possible in the space of temples. Plant symbolism is revealed in the holistic art systems of the Sophia of Kyiv and St. Cyril’s Church in Kyiv. The fundamental values of plant symbolism in St. Sophia’s Cathedral and St. Cyril’s Church are highlighted by the idea of the continuity of Christian semiotics with the Old Testament Judaism and the combination of local pre-Christian traditions.

The Philosophy of the Concept “Privacy” in English and Chinese Linguoculture

Jingjing SHI, Gevorg GRIGORYAN, Huichun NING — Mon, 25 Dec 2023 00:00:00 -0800

The current article is devoted to the study of the linguophilosophical concept “Privacy” in English and Chinese linguocultures, which plays a vital role in the formation of the meaning of life for any individual and the major axiological functions of personality.

The aim of the study is to give a complete characteristic of the philosophical concept “Privacy” in English linguocultures.

The novelty of this work is determined by representing the construction of the model of as a linguocultural concept, as well as defining its socio-psychological, cultural, philosophical and linguistic characteristics. This study is also important in identifying the ways of expressing “Privacy” in the lexical-phraseological system of language and communicative behavior.

The material for the study is presented by linguistic units, found in dictionaries, reference books and popular literature.

Philosophical and Theoretical Aspects of Court-Notary Interaction: Current Relationships in the Provision of Evidence

Alexander BEGICHEV, Evgenia FROLOVA — Mon, 25 Dec 2023 00:00:00 -0800

The article examines the modern relationship between the interaction of the court and the notary when taking measures to ensure evidence. In particular, it is indicated that when providing evidence, these bodies are guided by the norms of civil procedural legislation and implement similar goals aimed at fixing factual circumstances of legal significance in a procedural form. It is emphasized that their competence touches, moreover, the notary, as it were, replaces the court in the implementation of interim measures. One of the tasks of the effective activity of the notary is to relieve the judicial system from the consideration of local and time-consuming issues, which are solved, as a rule, without the application of the principle of adversarial parties, including the provision of evidence on the Internet. Thus, the potential of unloading the court is excluded from its competence to solve problems that do not relate to the administration of justice.

Digital Arbitration Is a New Way of Dispute Resolution for the Unified Digital Space of the EAEU: Political, Philosophical and Legal Aspect

Elena ERMAKOVA, Olga PROTOPOPOVA — Mon, 25 Dec 2023 00:00:00 -0800

The article discusses the theoretical legal foundations of a new type of arbitration – digital arbitration (or blockchain arbitration). The author formulated the concept of digital arbitration and analyzed the differences between digital arbitration and traditional arbitration from the point of view of theories about the legal nature of arbitration. In particular, the author believes that the term digital arbitration (blockchain arbitration) is used in three meanings. Firstly, the term digital arbitration refers to a way to protect the rights arising from smart contracts. This method is considered as an alternative to those methods that imply the need to seek judicial protection from the State or traditional arbitration. Secondly, digital arbitration refers to the body that organizes the digital trial of a legal dispute. And, thirdly, this concept denotes an artificial intelligence agent (robot), which considered the dispute submitted for its resolution. The author believes that due to its features, digital arbitration can be recommended as an alternative way to resolve disputes in the digital space of the EAEU.

Spatial Planning and Philosophy of Justice: Corrective Action on Commutative Justice Theory (A Study in Kalimantan, Indonesia)

Mon, 25 Dec 2023 00:00:00 -0800

The absence of an ideal legal norm in determining an equitable spatial arrangement and provision of land has created a major problem with the increase of certificate production concerning property rights and granting permits for managing areas. This research used normative juridical research methods with a philosophic research approach which analyzed research results that produce descriptive analysis data related to holistic written and examined data. Results show that an ideal breakthrough is required to provide a balanced solution between spatial planning and the provision of land for certificate products especially for indigenous people. The breakthrough can be in the form of corrective actions that can be implemented to provide a balance and an ideal solution for spatial planning and the provision of land for certificate products, especially in district/city areas. In addition, the basic principles of commutative justice are considered capable of providing equality, balance, and harmony among the existing laws.

Methodology for the Study of the Principles of Establishing Territorial Jurisdiction and Mechanisms for Resolving Digital Disputes by the Courts of the International Financial Center of Dubai

Irina GRONIC, Alisa BERMAN — Mon, 25 Dec 2023 00:00:00 -0800

The article attempts to analyse the principles of es-tablishing territorial jurisdiction when resolving disputes in the courts of Dubai International Financial Centre (DIFC) in the United Arab Emirates. In the context of globalization scientists and practitioners face the question of selecting appropriate and effective methods to cognize jurisdiction, the application of regulatory methods and mechanisms to resolve digital disputes in international practice. Attention is drawn to the need to develop theoretical approaches to establish the nature of relations arising from digital disputes and to determine the liability of parties in relation to the subject matter of a digital dispute, as well as in relation to technologies controlled by artificial intelligence and robotics.

Three Philosophical Pillars of the 2022 Armenian Constitutional Revision: Empowerment of Public Discourse, Theory of Justice, and Environmental Ethics

Davit HAKOBYAN — Mon, 25 Dec 2023 00:00:00 -0800

The first chapter of this article presents the consequences of the 2015 constitutional change and the specifics of their implementation before and after the 2018 Velvet Revolution. The second chapter makes substantive considerations on the constitutional reforms launched in 2022 through the prism of the rule of law and the improvement of public discourse. It addresses the procedural democracy developed by modern political philosophy and focuses on legal mechanisms in an attempt to improve the political discourse promoted by Jurgen Habermas. It also discusses the theory of Justice developed by John Rawls and provides reflections on Environmental Ethics stemming from the philosophy of responsibility of Hans Jonas.

International Experience of Constitutionalization of Criminal Law Regulations Regarding the Creation of Elected Public Bodies

Armen HARUTYUNYAN, Zhenya HARUTYUNYAN — Mon, 25 Dec 2023 00:00:00 -0800

The scientific paper focuses on examining the challenges associated with incorporating criminal law norms into the formation of the highest public authorities within the constitutional framework. The need to study the problems of constitutionalizing of criminal law regulations in the sphere of formation of the highest public authorities was clarified. The experience of constitutionalizing of criminal law regulations in the sphere of formation of the highest public authorities of the Russian Federation, the United States of America, France, and Germany was studied. As a result, it became evident that, in developed states, there are deficiencies in incorporating criminal law regulations into the constitution, particularly regarding the establishment of higher bodies of public authorities. These regulations do not always align with constitutional principles and the state’s philosophy.

The Philosophical and Legal Rationale for a Systematic Analysis of Digital Dispute Resolution Models in Modern Arbitration

Elena ERMAKOVA — Mon, 25 Dec 2023 00:00:00 -0800

In the article, the author presents a systematic analysis of models of digital dispute resolution in modern arbitration. The author studied the dispute resolution models on the platforms “Kleros”, “Aragon”, “CodeLegit”, as well as the Draft arbitration rules for smart contracts “JAMS-2018” and the English “DDRR-2021”. The author identifies the following types of models of arbitration dispute resolution: 1) traditional arbitration; 2) traditional arbitration with blockchain elements (a model based on the CodeLegit platform), 3) digital arbitration (“DDRR-2021”). The most important feature and difference of the English “Digital DR Regulation” 2021 is the fact that the entire process from the beginning (occurrence of the case) to the end (execution of the decision) is resolved automatically without the intervention of human arbitrators with the help of an artificial intelligence agent. This is the procedure for resolving a dispute in the field of smart contracts that should be called digital arbitration. The so-called “decentralized arbitration” on the platforms “Kleros”, “Aragon”, “OpenLaw”, “Mattereum Protocol”, “Rhubarb Fund”, “Jury.Online”, “Jur”, “OATH Protocol”, “Juris” and other models of this type does not allow these models to be considered arbitration. The author believes that these models should be conditionally called crowdsourcing quasi-arbitration.

Shareholders’ Agreement in the Crossroads of Philosophy of Law

Karen MELIKSETYAN — Mon, 25 Dec 2023 00:00:00 -0800

This article is devoted to the identification and analysis of the essence and content of shareholders’ agreements as innovative tools in the context of philosophy of law, as well as legal consequences and liability measures arising in case of violation of a shareholders’ agreement.

The article deals with the issues of conclusion, execution of a shareholders’ agreement, enforcement, termination of obligations, as well as liability arising from violation of a shareholders’ agreement.

Referring to the experience of foreign countries, it was proposed to introduce a number of liability measures under the legislation of the Republic of Armenia: options, “default”, “bad leaver”, “discount”, etc.

On the other hand, exploring the features of a shareholders’ agreement in venture joint-stock companies, we have proposed to legislate the mechanism of an investment and/or shareholders’ agreement.

Political and Philosophical Analysis of the Interpenetration of Public-Law And Private-Law Spheres of Regulation in the Activities of the Eurasian Economic Union

Maryia MIASHCHANAVA, Evgenia FROLOVA — Mon, 25 Dec 2023 00:00:00 -0800

The research objective of this article is to analyse the interpenetration of private law and public law regulation carried out within the framework of the Eurasian Economic Union. It is noted that in the sphere of private law, the EAEU has virtually no powers to unify / harmonise the national legislation of member states, but achieving the goals of building a common (single) market is often impossible without the elimination of private law barriers. This phenomenon is discussed using the example of restrictions on the freedom of establishment (in terms of opening branches of foreign organisations) and digitalisation of public procurement within the EAEU. It is argued that the phenomenon of “privatisation” of state functions, characteristic of the period of so-called globalisation, cannot be a distinctive feature of a multipolar world order. It seems more correct to speak of a close interrelation and interpenetration of private and public legal regulation of social relations.

Philosophical Foundations of the Transformation of the Judicial Method of Rights Protection in the Context of the Creation of a Unified Information Space of the EEU

Ekaterina P. RUSAKOVA, Evgenia E. FROLOVA — Mon, 25 Dec 2023 00:00:00 -0800

The article is devoted to the study of the dispute resolution procedure by the EAEU Court in the context of creating a single information space of the member countries of this integration association. Within the framework of the theoretical and practical orientation of this study, special attention is paid to conceptual problems related to the description of key social and digital phenomena that arise in the process of implementing the digital agenda and its impact on the judicial method of protecting the rights and legitimate interests of citizens and business entities. The transition to digital or electronic justice will increase the efficiency of the EAEU Court and create the most attractive conditions for the parties to the dispute to protect their rights and legitimate interests. Digitalization provides for large-scale changes in the field of justice, the emergence of new means of proof, the introduction of an electronic form of cases, remote court sessions all this leads to a change in the fundamental principles of legal proceedings. The solution to this problem should begin with the creation of a comprehensive program of legislative changes to the judicial method of protecting rights related to their digital transformation within the EAEU.

Complex Regional Unification of Private International Law Rules on the Base of a Three-Part Structure: Political and Legal Framework

Alisa BERMAN, Nikita ERSHOV — Mon, 25 Dec 2023 00:00:00 -0800

This article examines the theoretical and legal framework of a complex regional unification of private international law rules on the basis of a three-part structure. The authors analyzed reasons for spread of trends to regional unification of private international law. Special attention in the article is given to the definition of the content and essence of a complex regional unification. The authors define acts of complex unification as acts structured according to the principle of a consistent response to the questions of applicable law, jurisdiction, recognition and enforcement of foreign decisions in the regulated area. The article identifies the key advantages and disadvantages of a complex unification of private international law based on a three-part structure. The authors conclude that, to date, the adoption of acts of complex unification based on the three-part structure is one of the key trends in the unification of private international law.

Integration Political and Legal Analysis of Dispute Resolution and Prospects for Digitalization of Justice in the Eurasian Economic Union

Tatsiana MIKHALIOVA, Gregory VASILEVICH — Mon, 25 Dec 2023 00:00:00 -0800

The article refers to a system of dispute resolution in the Eurasian Economic Union, tendencies of its reforming and prospects for digitalization as a fundamental feature of regional integration policy improvement. A complex variety of disputes in an integration association is considered: interstate, supranational vertical, supranational horizontal, and cross-border. The appropriate mechanisms for each of them and rationale to enhance integration are discussed. The authors suggest amendments for enhancing the cooperation of the EAEU Court with national courts, as well as evolving other mechanisms (arbitration and mediation). Digitalization of justice is an important element of effective regional policy. Digitization elements, including the Court’s e-cabinets for the parties, electronic signature, digital documents’ circulation, make regional justice accessible, it contributes to peoples’ loyalty for integration decisions. The article proves the necessity to harmonize approaches to online dispute settlement in a transboundary context in the EAEU; the authors draw attention to low-cost cross-border disputes in this context and consider an opportunity of creating online dispute resolution platform driven by the Commission. Improvements in regional system of dispute resolution are proved necessary to sustain integration economic and political processes in Eurasia, to promote transparency, accessibility of justice as an element of regional integration policy.

The Political Impact of Digitalization on the Judicial Method of Protection of Rights in the EAEU Countries

Ekaterina RUSAKOVA — Mon, 25 Dec 2023 00:00:00 -0800

The article is devoted to the study of the process of digital transformation of the judicial method of protecting rights and legitimate interests in the EAEU countries. The judicial form of protection of rights has undergone fundamental changes as one of the main forms of protection of the rights and legitimate interests of citizens and business entities through the creation of digital platforms, electronic courts and the integration of information and telecommunication technologies into the process of consideration and resolution of disputes. For effective legal regulation of public relations arising under the influence of digital technologies in the course of judicial proceedings, it is necessary to theoretically develop the concept of a new type – “electronic” civil proceedings and improve the current legislation. In world practice, there are already a number of countries and integration associations that have successfully integrated digital and electronic legal proceedings, so some EAEU countries have taken the path of borrowing their positive experience.

The Legal Education Culture of Young People: A Projection of the Future

Mon, 25 Dec 2023 00:00:00 -0800

The article presents the basic patterns of development of future generations' education, which now belong to the age category of children and young people. The goals of the future educational paradigm, which is to overcome the deformations of the youth's legal consciousness, to raise its spiritual development, to acquire legal knowledge, to develop its legal consciousness and legal culture, are determined. It substantiates the main direction and at the same time the global goal of education of the future, to which there is a culture of peace, which is possible only in the legal continuum of international interaction of states and people that now belong to the age category of children and youth. Factors of influence on the education of legal culture of youth, among which the level of development of the economy, quality of life of the population, and its relation to social transformations are generalized. This article highlights the role of the activity of all authorities, mass media, and their influence on the consciousness, will, behavior, and beliefs of citizens. The authors of the article also take into account such factors as the experience of the population, its attitude to culture, traditions, habits, way of life, social relations.

Retrospective Review of Higher Education Quality: Some Parallels Between Past and Present

Yulia NADTOCHIY — Mon, 25 Dec 2023 00:00:00 -0800

Studies of education quality are currently a matter of particular relevance and importance. It would seem that the quality of education should interest the scientific community in different periods (historical periods) of time, however, as practice shows, these studies have been carried out mainly in recent times. The article describes some arguments on the quality of education based on the available historical data on the development of education in Russia. Given that it is not possible to consider in detail all historical periods in different countries within the framework of one article, a summary of the key points influencing the development of education in Russia before the revolutionary events (during a certain period of the reign of the Imperial House of Romanov) was made in a small comparison with the modern perception of the quality of education. Some factors influencing the quality of education in the period from the late 19^th to early 20^th centuries have been identified. The conclusion is made on changing/unchanging factors affecting the quality of education in modern reality in comparison with past experience in the development of the education system.

The Philosophical and Legal Aspect of the Unified Information and Digital Area in the Eurasian Economic Union: The Fifth Freedom of the Single Market

Tatsiana MIKHALIOVA — Mon, 25 Dec 2023 00:00:00 -0800

The article deals with the philosophical and legal foundations of the formation of single information and digital area as one of the contemporary objectives in the Eurasian Economic Union. It is pointed out, that the concept of information society spreads over the integration processes and makes to go beyond traditional approaches to the common market and its four freedoms of movement of goods, services, capital, labor. Freedom of information is the fifth freedom of the common market, and digital agenda is included currently in strategies of many integration associations. However, economic issues are not the only that should be referred to, while implementing the latter. The following elements should shape any information and digital strategy of an integration such as security and data protection, trade and competitiveness, management transparency and accessibility, dispute resolution. To regulate the processes of implementing the digital agenda in the EAEU by 2025, member states have chosen the method of coordination. It is justified to harmonize national policies for the digitalization of the economy and governance, while it is necessary to ensure the digital sovereignty of EAEU states as well as to create a market for their own digital solutions in the region.

The Loss of Individuality in War: Existentialist Approach

Emil ORDUKHANYAN, Hrachya SARIBEKYAN, Hayk SUKIASYAN — Mon, 25 Dec 2023 00:00:00 -0800

The article explores the issue of loss of individuality in the war according to theoretical perceptions of existentialist philosophers. The problem is observed and discussed focusing mainly on the cases of two world wars emerged in 20^th century. It is obvious that these wars had a huge global impact not only on the social and political life worldwide, but also on the philosophical perceptions of human life valorization and his existence.

Based on the comparative analysis of philosophical views of different thinkers the article reveals the loss of human individuality both in social conditions and on the ontological level.

It is concluded that if the philosophy of World War I observed death as a unifying factor, including an equalization that excludes the individual, then existentialism, as a condition of the reality of widespread death, considers it as a phenomenon that opens the spiritual eye of a person to the reality of death. As the development of technology and wars are closely related, world wars represent a direct threat by primitive nations that assimilate and use technology to absorb nations endowed with peace-loving and creative spirit. This is a big threat to humanity in terms of its dehumanization and destruction.

The Potential of Diaspora System-Building Investments in Homeland

Lusine TANAJYAN, Arman ANDRIKYAN, Sona NERSISYAN, Ruben KARAPETYAN — Mon, 25 Dec 2023 00:00:00 -0800

The problem of Diaspora investments is of great importance in research and policy development circles, but this demand does not strengthen by comprehensive research on the problems that have arisen. In these spheres, we need to emphasize attention to the problems of targeted investments in the home state and its system-building potential.

This paper discusses the opportunities and limitations that form the framework for investments from the Diaspora to Armenia. The work aims to understand whether the investments from Diaspora could have system-building potential and how it impacts the homeland. In this connection, such questions are asked as to what motivates these investments to be made, within the framework of what policy, where, and how are the investments incorporated and what future effects they have.

The Philosophical Interpretation of Risk Assessment in Municipal Project Management

Armen TSHUGHURYAN, Reza BARATI — Mon, 25 Dec 2023 00:00:00 -0800

Project management emphasizes the process of risk assessments, because any project is attended not only by the risks of failure due to lack of funding, but also by the design of the required quality and quantity of final results. Consequently, there is a need to show a new philosophical approach to the identification, evaluation and decision-making of the risks in programs, implemented in municipal structures, because the range of beneficiaries related to this field is not only wide, but also more multi-layered (government, municipal authorities, investors, middle-level and top managers, population, etc.).

The article proposes a model of risk management of projects, implemented in municipal facilities, which enables not only to form a management information feedback between all beneficiaries, but also to include them in participatory risk prevention processes. A ranking process of risk factors related to the management of municipal projects is also proposed, which increases the effectiveness of managerial decisions, aimed at risk prevention and the justification of philosophical interpretations related to it.