Method Of Historical Materialism Research Articles

The Role of the Family Under Conditions of a Modern Multicultural Ethnic Group: A Vector of Legislative Development

The relevance of research: the editor-in-chief’s column analyzes the topic and content of the key heading of the current issue of the journal “Legal Concept = Pravovaya Paradigma” entitled “The institution of the family in the era of global changes: the socio-ethical and entrepreneurial context in law”. The prepared issue deals with the questions discussed at the international round table of the same name, held at Volgograd State University on March 29, 2024. The prerequisites for the selection and the problems of legal support of the issues selected for the discussion sessions of the international round table in the context of the Concept of State Family Policy of the Russian Federation for the period up to 2025, as well as a set of measures carried out during this period and aimed at popularizing the state policy in the field of family protection and preservation of traditional values are outlined. The scientific and practical significance of the papers presented in the feature topic of the issue is analyzed. The scientific novelty lies in the fact that a comprehensive intersectoral study of the legal regulation of family relations in the most relevant spheres of public life in the context of the state family policy of the Russian Federation has been conducted, as well as specific proposals and recommendations for improving the relevant theoretical and regulatory framework have been formulated. The methodological framework for intersectoral legal research has traditionally been made up of the general scientific methods of cognition used in the social sciences and humanities in general, including in law. Among the most significant general methods of cognition are the method of historical materialism, as well as the general logical methods: analysis, synthesis, the method of analogy, induction, deduction. The special and private methods are presented in the scientific papers of the heading mainly by the formal legal and comparative law methods. The results of the study: the analysis of the relevance of the papers selected for the heading “The feature topic of the issue”, their novelty, the results obtained and their scientific and practical significance is carried out. The commentary of the current family legislation and the proposed legislative initiative on amending Article 2 of Federal Law No. 489-FZ of December 30, 2022 “On Youth Policy in the Russian Federation” is presented. The lack of a uniform understanding of the family in both the legislation and doctrine has been established. The analysis of the relationship between the concepts of “young family” and “student family” is carried out, the qualifying factors of a student family are established. The author has analyzed the scientific papers concerned with: the theoretical and practical issues of protecting family values in Russian law; the prospects for the legal regulation of property relations between spouses when concluding a marriage contract using digital technologies in terms of the content of the conditions for concluding a marriage contract as an effective tool for resolving property disputes in the family; the legal nature and problems of the legal regulation of the surrogacy contract; the prospects and main directions of the state policy of the Russian Federation in the field of family entrepreneurship; notarial documents in electronic format as a means of proof in the field of marital and family relations; the role and importance of the institution of private prosecution for the protection of victims of domestic violence. Conclusions: the necessity of the legislative consolidation of the definition of the concept of “family” is proved, which is due to both practical and theoretical expediency, the creation of an effective mechanism for the legal protection of the family, ensuring the stability of the family in Russian society and the state. The definition of “student family” is proposed. The conclusions of the authors of scientific papers on the feature topic of the issue are supported: on the expediency of amending Art. 1 of The Family Code of the Russian Federation with a new principle dedicated to the protection of family values, which will allow for a more clearly normative fixation of this vector of state policy; on the need to legislate the possibility of concluding a marriage contract in electronic form; on the timeliness of improving the regulatory framework aimed at supporting and developing family entrepreneurship, including simplifying the registration and licensing procedures, reducing the tax burden, the development of specialized programs to support and stimulate innovation; about the importance of grouping electronic evidence provided by a notary into a separate type, as well as establishing signs that allow identifying this proof; about the insufficient effectiveness of private prosecution in protecting the rights, freedoms and legitimate interests of citizens and the need to solve this problem by broadening the powers of a justice of the peace.

Capital is Dead. Long Live Capital! A Political Marxist Analysis of Digital Capitalism and Infrastructure

There is a growing literature suggesting that the digital economy is taking us out of capitalism. While this manifests most notably as a diagnosis of ‘digital feudalism’ or ‘techno-feudalism’, a differing voice is McKenzie Wark, who suggests we have entered an entirely new mode of production altogether: ‘vectoralism’. This paper historicises and theorises our current conjuncture in relation to the potential multiplicity of modes of production, and the materiality and imperialism of telecommunication infrastructures. We approve of Wark's development of new concepts, rather than turning to ahistorical regurgitations like ‘neo-feudalism’. However, we argue that the mode of production lens is not adequate to trace what we consider as more granular changes and that it risks packaging old wine in new bottles. For example, Wark's vectoral claims remain grounded in infrastructures such as undersea cables that are used by corporations and states as strategies of legal and economic imperialism reminiscent of the 19th century world order. Instead of examining this topic through a mode of production lens, we contend that these phenomena are better traced through a processual (rather than functional) and socially determined (rather than economically determined) method of historical materialism. In this regard, we adopt an approach closer to that of E. P. Thompson and Political Marxists, such as Brenner and Wood. To support our argument, we turn to both wider Marxist theory on the mode of production, which we then anchor in empirical works from contemporary critical infrastructure and communication studies.

Основы документирования хищений мобильных средств связи

Introduction. The article analyses the current state and transformation of the mechanism of theft of mobile communication devices. The main ways of committing thefts are studied, as well as the techniques and methods used in this process. The relevance of the research is determined both by the high number of committed thefts of mobile communication devices and by certain aspects of legal regulation of the documentation process in their investigation.
 Methods. In the research various methods were used, including the universal scientific method of historical materialism; general scientific methods of cognition (comparison, ascent from abstract to concrete, analysis, synthesis, induction, deduction, generalisation, classification, abstraction), private scientific methods (formal-legal, comparative-legal, method of interpretation of legal norms, dogmatic), interdisciplinary method of formalisation.
 Results. The author analysed the most typical investigative situations in the investigation of mobile communication devices thefts and concluded that the process of documenting such crimes is related to their investigation being aimed at collecting, recording and analysing evidence related to the crime in order to identify the responsible parties and ensure the identification of the perpetrators of mobile communication device thefts. Certain difficulties are associated with the fact that documenting the theft of mobile communication devices is a complex integrated multi-stage task that requires careful attention and co-operation between all participants in the criminal justice process involved in the investigation of a particular criminal case.

Особенности правового развития обязательственных правоотношений в современной России

Relevance of research. The editor-in-chief’s column analyzes the topic and content of the key heading of the current issue of the journal “Legal Concept = Pravovaya Paradigma”, entitled “The Evolution of Some Types of Debt Relationships in the Russian Federation”. The prepared issue deals with the implementation of certain provisions of the law of obligations after the 2015 reform. The scientific and practical significance of the papers presented in the feature topic of the issue is analyzed. The scientific novelty of the conducted comprehensive legal research reflected in the heading “The feature topic of the issue” is based on the results obtained by the authors of the scientific papers that have touched on the specifics of the content of certain types of obligations. Many of the most controversial issues related to both traditional and modernized legal regulation are also analyzed. The methodological framework for intersectoral legal research is traditionally made up of the general scientific methods of cognition used in the social sciences and humanities in general, including in law. Among the most significant general methods of cognition is the method of historical materialism, as well as the general logical methods of analysis, synthesis, induction, and deduction. The special and private methods are presented in the scientific papers under the heading mainly formal legal and comparative legal methods. Results. It is revealed that some provisions of the law of obligations that are subject to modernization have generated theoretical discussions and some difficulties. This topic is relevant for scientific papers presented in the key heading of the journal. Conclusions. Taking into account the opinion of specialized professionals as well as the analysis of the legislative innovations, the conclusion is substantiated that the main purpose of the mandatory legal reform is to streamline and clarify the provisions of the Civil Code of the Russian Federation. This statement is explained by the lag of the legislation from objective legal reality and the development of judicial practice, during the formation of which numerous attempts were made to fill the legal gaps and level out emerging problems. It is established that many controversial issues related to the reform of the law of obligations and the modernization of the special legislation that regulates certain types of debt relationships have been covered within the framework of the feature topic of the prepared issue of the journal “Legal Concept = Pravovaya Paradigma” – “The Evolution of Some Types of Debt Relationships in the Russian Federation”.

Современные процессуальные подходы в уголовном, гражданском и арбитражном судопроизводстве РФ

The relevance of research. The paper analyzes the heading “Mainstream issue” of the current issue of the journal “Legal Concept = Pravovaya Paradigma” “Procedural law technologies for preventing offenses and combating crime”. The prepared issue deals with the problem of modern procedural approaches and the methods of procedural communication in civil, arbitration, and criminal proceedings, modernized by the procedural reform of 2018–2022. The paper highlights the factors of modern reality that necessitated the inclusion of legal science, legislator, and law enforcement officer in the process of actively seeking a balance between a wide variety of procedural approaches and the methods of procedural communication. The scientific and practical significance of the papers presented in the heading is analyzed. The scientific novelty of the conducted comprehensive intersectoral legal research, which has made up the content of the heading “Mainstream issue”, is based on the results obtained by the authors of the scientific papers touching on various aspects of the consequences of the procedural reform, which was initiated by the draft law proposed by the Supreme Court of Russia and followed by Federal Law No. 451-FZ of November 23, 2018 “On Amendments to Certain Legislative Acts of the Russian Federation”. The fundamental changes that the “procedural revolution” entailed were reflected in more than 20 federal laws and influenced the transformation of established approaches in civil, arbitration, criminal and administrative proceedings, as well as the order of the judicial system as a whole. Many of the most controversial issues related to both traditional and modernized procedural regulation under the influence of digitalization and scientific and technological progress are also analyzed. The methodological framework for the intersectoral legal research has traditionally been made up of general scientific methods of cognition used in the social sciences and humanities in general, including in law. Among the most significant general methods of cognition are the method of historical materialism, as well as the general logical methods: analysis, synthesis, induction, deduction. The special and private methods are presented in the scientific papers of the heading mainly by formal legal and comparative legal methods. Results. It is revealed that some of the most important topics of judicial proceedings remained untouched by the reform, although they were repeatedly raised both within the framework of doctrinal discussions and in the process of developing legislative initiatives. In this connection, their coverage in the framework of scientific papers prepared under the heading “Mainstream issue” remains relevant. Conclusions. Taking into account the opinion of specialized professionals, as well as based on the analysis of the legislative novelties, the conclusion is substantiated that the main purpose of the changes introduced through procedural reforms both in Russia and abroad is the unification of procedural law. As another fundamental reason, the author cites the optimization of legal proceedings caused by the processes of digitalization of all spheres of public life and the creation of a new order of procedural communication. It is established that many controversial issues related to the current procedural approaches, not affected by the reform, have received coverage within the framework of the feature topic of the prepared issue of the journal “Legal Concept = Pravovaya Paradigma” “Procedural law technologies for preventing offenses and combating crime”.

Интернет-пространство и искусственный интеллект: проблемы регулирования латентного предпринимательства

Introduction. The authors explore the problems of carrying out a special type of entrepreneurial activity: the advertising of goods and services by public media individuals on the Internet through their personal accounts in social networks. Formally, these individuals are not individual entrepreneurs; they mention certain goods and services indirectly in the process of communicating with other users of social networks. Such an advertising business is based on the analysis and accumulation of users’ search queries, because of which special computer algorithms are launched and instantly give the user numerous answers and offers about goods and services. In the current period, such remote services on the Internet are provided to users using artificial intelligence. The purpose is to identify the place and quality features of advertising goods and services by public media individuals on the Internet through their personal accounts in social networks in modern Russian entrepreneurship. Methods. The study is carried out based on a materialistic worldview and the general scientific method of historical materialism. The general scientific methods of cognition are applied: the dialectical, hypothetical-deductive methods, generalization, induction and deduction, analysis and synthesis, and empirical description. Specific scientific methods are used: dogmatic, comparative legal, hermeneutic, structural-functional, etc. Results. Some problems in the use of artificial intelligence are identified, and the features of the legal responsibility of a person who owns this computer and software resource as a person who is an employer from the standpoint of labor law are revealed. It is proposed to legislate a special entrepreneurial status of “self-employed on the information and telecommunication network Internet.” A variant of a special tax regime for such business activities is proposed. Conclusions. It is substantiated that public media individuals who have continuous Internet communications with other persons in the amount of at least 1 million persons on average per year should, by virtue of the law, be endowed with a special entrepreneurial status, provided that they do not have a written refusal to advertise. The compliance with such a refusal and the actual failure of a public media person to carry out advertising activities on social networks can be controlled using artificial intelligence.

Raízes da Exaustão de Mulheres Trabalhadoras Brasileiras: Contribuições do Materialismo Histórico Dialético

ABSTRACT Objective: in this essay, we analyze the roots of the exhaustion of Brazilian working women from the point of view of the dialectical historical materialism method. We investigate the exhaustion in terms of physical, emotional, and mental fatigue of Brazilian working women by using the concepts of social reproduction and dependent capitalism to reveal that women’s overtiredness is not a novelty inaugurated by the COVID-19 pandemic. Thesis: even before this global health crisis, the overload of work, inside and outside the domestic space, was already a reality for Brazilian women. We suggest that super-exploitation, essential to dependent capitalism, implies a growing intensification of the working time of Brazilian women workers, at the same time that dependence relegates them to the task of internal and external social reproduction in globalized capitalism. Conclusions: the rupture with these processes demands the radical transformation of the current social order and economic system, for which the political organization to demand payment from the state for reproductive work is an important step in the social battle against the depletion of women.

Основные направления и принципы применения технологий 4.0 внешнеторговыми компаниями юрисдикций ЕАЭС и БРИКС

Introduction: the paper reveals a scientific and methodological approach to determining the main (priority) directions of development and the principles of application of digital technologies of Industry 4.0, which increase efficiency and should be applied by economic entities of the EAEU and BRICS jurisdictions in the implementation of foreign trade activities. The purpose of the study is to reveal the main directions and principles of the application of 4.0 technologies by foreign trade companies of the EAEU and BRICS jurisdictions. Methods: the research is carried out based on the materialistic worldview of the authors and the universal scientific method of historical materialism. The general scientific and specific scientific methods of cognition are applied. Results: two priority main directions of development are substantiated; five fundamental principles of the application of the digital technologies of Industry 4.0 are identified, contributing to the proper implementation of cross-border export-import transactions between residents of the member states of integration associations with the participation of the Russian Federation, as well as the prevention of potential conflicts and economic disputes. Conclusions: the authors substantiate the proposal to digitize the space-application of neo-industrial digital technologies 4.0 by foreign trade companies of the EAEU and BRICS member states in the form of an online portal “Foreign Economic Activity of the Greater Eurasian Partnership online”, on which each participant in foreign economic activity will be able to open and operate his own legally significant personal account. At the same time, it is proposed to fix the priorities and principles of the development of the space for the use of neo-industrial digital technologies 4.0 by foreign trade companies of the member countries of the Greater Eurasian Partnership (EAEU + BRICS) in an interstate conventional agreement.

Ключевые элементы системы гарантий соблюдения законных интересов сторон инвестиционных сделок: взаимозависимость и функции

Introduction: the relevance of the research is due to the transformation of social relations in the neoindustrial era, which opens up technological innovations to mankind. In this regard, there is an objective need to revise and modernize many legal institutions and create a new legislative matter for the normal functioning of the banking and investment sector adequate to modern realities. Purpose: the paper contributes to the formation of the understanding of individual investors, recipients of investments, and investment intermediaries of the fact that there is a set of special means that can be freely implemented in a situation of violation of the rights and noncompliance with the legitimate interests of each of the participants in these relations. These special means should represent the interrelated and interdependent elements of the system, reinforcing, complementing each other, thereby forming a synergistic effect and thereby providing these guarantees. Methods: the methodological framework for the conducted scientific research is the method of historical materialism. In addition, while writing the paper, both the traditional general scientific methods (the dialectical method of cognition, analysis, synthesis, induction, deduction, etc.) and the specific scientific legal methods (formal-legal, the method of legal interpretation, etc.) were used. Results: the author substantiates the existence of five functional elements that guarantee in their totality a system of guarantees of compliance with the legitimate interests of participants to remote digital investment transactions. Firstly, there is a developed civil law regulation. Secondly, a workable institution of the financial Ombudsman. Thirdly, the effective regulation of this market segment by the central bank. Fourthly, jurisdictional and non-jurisdictional justice operating within the framework of legality. Fifthly, advanced information technologies for transactions and protection of rights. The functioning of the designated system of guarantees is investigated by elements. Conclusions: in summary, it is concluded that the efforts of scientists and developers-practitioners should be aimed at creating an end-to-end technology for participation in remote digital investment transactions and protection of their rights by the parties. The necessity of introducing special service applications that make up such technology is argued. It is proved that the implementation of such technology will allow functioning effectively, mutually complementing and strengthening all the elements of the guarantee system. It is proved that the key idea underlying the end-to-end technology of participation in remote digital investment transactions is the execution of the transactions themselves in the mode of smart contracts, which are executed, and the facts about the execution of their stages are stored in the distributed registry system. At the same time, this information technology should be integrated with the hardware and software complex of the GOSUSLUGI portal as a special service presented in the personal account of a citizen, as well as with the website of the Federal Tax Service with the corresponding service in the personal account of a party – a legal entity. These services should provide for a guaranteed and unhindered (automatic) possibility of an electronic, legally significant, appeal by a party to a remote digital investment transaction to the Bank of Russia, to a financial commissioner, to an arbitration institution, to a court.

Retail Investment Financing Via Remote Digital Computer Algorithm

Introduction: in the paper, the author examines the activities of the Russian legislators on the formation of the legal regulation of the investment segment of the economy in order to identify their mistakes and shortcomings, as well as to justify the recommendations for fixing viable legal structures in the legislation. Such legitimate structures could be used by a wide range of individual investors-individuals – as part of their decision to diversify monetary investments in order to increase household savings for a period of 1 year or more. Methodology: the digital computer algorithms of inter-network interaction for placement and attraction of investments, their speed and independence from distance are perceived by entrepreneurs with great hope for success and attract more and more attention from investors. According to the author of the paper, by 2024, the financial digital technologies can replace up to 38% of traditional banking and payment transactions, up to 32% of insurance transactions, transactions for financing foreign trade transactions, and transactions for asset management. Based on the materialist worldview, the universal method of historical materialism, the author used the general scientific and specific scientific methods for the study, which made it possible to implement a systematic approach to the subject of research. The general scientific methods of cognition are applied: the dialectical, hypothetical-deductive methods, generalization, induction and deduction, analysis and synthesis, empirical description. The research also uses the specific scientific methods: dogmatic, comparative-legal, hermeneutic, structural-functional, etc. The scientific development of the material is carried out on the basis of a set of normative and doctrinal sources. The paper uses the federal laws and other normative acts of the Russian Federation. Federal Law No. 259-FZ of August 2, 2019 “On Attracting Investments Using Investment Platforms and on Amendments to Certain Legislative Acts of the Russian Federation”, Draft Federal Law No. 419090-7 “On Alternative Methods of Attracting Investments (Crowdfunding)”, and certain provisions of the Civil Code of the Russian Federation were studied. Draft Law No. 419059-7 “On Digital Financial Assets” of March 20, 2018, and Federal Law No. 34-FZ of March 18, 2019 “On Amendments to Parts One, Two, and Article 1124 of Part Three of the Civil Code of the Russian Federation” were critically analyzed. The doctrinal sources are represented by the scientific publications of the Russian legal scholars and economists, including: A.O. Inshakova, A.E. Kalinina, A.I. Goncharov, M.V. Goncharova, O.P. Kazachenok, E.E. Frolova, etc. Results: the Internet investing provides an opportunity to obtain funding for the implementation of a publicly announced project relatively quickly and without bureaucratization. The absence of the geographical and distance restrictions is a special advantage of investing on the Internet platforms, compared to other tools for raising capital from a wide range of investors, including individuals. This remote Internet algorithm for retail investment financing allows you to attract capital at a price that corresponds to the profitability of projects and, as a rule, is lower than the average bank interest rate for a loan. Conclusions: the conclusions and assessments on the content of the new Russian legislation are formulated. Based on the critical analysis of the scientific works of the economists and lawyers, the authors formulate the definitions of a special algorithm for remote investments from a wide range of subjects, as well as the tools for remote interaction of investors and investment organizers in the Internet space of modern Russia.

Engels on women, the family, class and gender

This article looks at Engels’s writings to show that his ideas about the role of labour in the evolution of human beings in a dialectical relationship between human beings and nature is a crucial starting point for understanding human society and is correct in its essentials. It is important for understanding that we developed as a species on the basis of social cooperation. The way human beings produce and reproduce themselves, the method of historical materialism, provides the basis for understanding how class and women’s oppression arose and how that can explain LGBTQ oppression. Although Engels’s analysis was once widely accepted by the socialist movement, it has mainly been ignored or opposed by academic researchers and others, including geographers, and more recently by Marxist feminists. However, anthropological research from the 1960s and 1970s as well as more recent anthropological and archaeological research provide overwhelming evidence for the validity of Engels’s argument that there were egalitarian, pre-class societies without women’s oppression. However, much remains to be explained about the transition to class societies. Engels’s analysis of the impact of industrial capitalism on gender roles shows how society shapes our behaviour. Engels’s method needs to be constantly reasserted against those who would argue that we are a competitive, aggressive species who require rules to suppress our true nature, and that social development is driven by ideas, not by changes in the way we produce and reproduce ourselves.

CRAS porta de entrada/porta fechada: o exercício profissional da(o) assistente social e a Covid-19

This article aims to present the professional practice of the social worker in a Social Assistance Reference Center (CRAS) during the pandemic period of COVID-19, explaining the challenges and possibilities of professional action in coping with public calamity established in the country. Regarding the methodology, the dialectical historical materialism method is used, the research is bibliographic and documentary and the research technique used was the experience report. The purpose of the reflections in this article is to contribute to the production of knowledge and resistance in the context of the professional practice of the social worker aligned with the professional ethical-political project and in defense of Public Policies.&nbsp

AVALIAÇÃO EXTERNA E AUTONOMIA DOCENTE: o SMAEF como meio de reprodução da cultura por resultados

Esta pesquisa traz à tona um estudo a respeito das avaliações externas e suas implicações na autonomia e profissão docente. A referência é o município de Russas, localizado na Região do Vale do Jaguaribe, no estado do Ceará. Analisa as implicações do Sistema Municipal de Avaliação do Ensino Fundamental (SMAEF) do município de Russas-CE na autonomia e valorização do trabalho docente. O paradigma foi o marxismo investigativo com o método Materialismo Histórico Dialético. Foram entrevistados 57 professores da rede de ensino do município de Russas-CE, no período de abril a junho de 2020, por meio de Formulário Eletrônico do Google Forms. Utiliza-se a análise de discurso. De 57 entrevistados, 50 informaram que o nível de exigência por resultados que recai sobre os docentes, por meio da rede de ensino, é alto, enquanto apenas 7 informaram que a exigência é razoável. Somado a isso, com uma política educacional voltada com afinco para as avaliações em larga escala, 73,7% dos entrevistados informaram que a autonomia do trabalho docente foi reduzida com a política do SMAEF. A autonomia e a valorização do trabalho docente entram por uma via de supressão. Por fim, resta saber que tipo de crianças e adolescentes se busca formar com base nessa lógica mercantilizadora e meritocrática na qual a educação pública se transforma a cada dia. Para que as desigualdades de oportunidades não perpetuem, é necessário modificar esse cenário e elevar a problemática das políticas de avaliação em larga escala ao patamar político, histórico e social.

Vigilância socioassistencial no contexto do território

Este artigo apresenta uma reflexão sobre a função da vigilância socioassistencial enquanto diagnóstico do território, com base nos dados do Censo Suas de 2016 e 2017. Para isso, realiza uma pesquisa documental, norteada pelo método do materialismo histórico. Os resultados demonstram uma retração em alguns serviços socioassistenciais dos Centros de Referência de Assistência Social (Cras), em decorrência do avanço da perspectiva neoliberal no desmonte das políticas sociais.

Poudarki dialoga med kristjani in marksisti na Slovenskem v 80. letih 20. stoletja

Prispevek izpostavi (nekatere) poudarke dialoga med t. i. marksisti in katoličani v 80. letih 20. stoletja na Slovenskem. Osrednja os razprave se vrti okoli (razumevanja) metode historičnega materializma in naglaševanja marksizma kot svetovnega nazora. Na podlagi predstavitve zgodovinskega ozadja, predvsem odnosa Cerkve in papeških stališč do socializma in posledično do marksizma in komunizma, ter vprašanja rekatolizacije, se prispevek posveti teološkim odzivom na historični materializem. Izhajajoč iz konteksta protikomunistične restavracije ostaja posebej problematična retorika »kulturnega boja« kot spopada med dvema svetovnima nazoroma, ki posledično prinaša in utrjuje ideje, da gre pri marksizmu in (katoliški) religioznosti prav za takšen spopad. Članek problematizira tovrstne pozicije, hkrati pa pokaže na pomen vpeljave metode historičnega materializma, ki jo je (do neke mere) posvojila socialistična teologija mariborskega pomožnega škofa Vekoslava Grmiča in njegovega kroga.

The Neoindustrial Tools for the Turnover of Book-Entry Securities: Digital Technologies for Implementing and Protecting the Rights of Investors and Issuers

Introduction: the paper is devoted to the study of economic and legal bases of regulating the turnover of assets in the book-entry securities market, in which transactions of purchase and sale of stocks, bonds, and other instruments are implemented by different subjects of economic relations falling within the jurisdiction of the Russian Federation and foreign states. Methods: the methodological framework for the research is the method of historical materialism, the dialectical method, as well as such general scientific methods of knowledge as analysis, synthesis, hypothesis, analogy, and etc. As specific scientific research methods the comparative legal and functional methods were used. Results: the turnover of assets in the book-entry securities market is studied in the paper as a special channel for financing the economy. The main functions of the market of book-entry securities and their impact on the relationship of all participants of the securities market, among which the main ones are issuers and investors, are defined. The paper shows the vector of transition from a labor-intensive and resource-intensive method of protecting the right - vindication of shares. The categories and roles of investors, their behavior in the securities market, as well as a number of requirements that apply to all investors within the territory of the Russian Federation are compared. The popular mechanisms for protecting the rights of investors are studied. The role and legal possibilities of a vindication claim are analyzed as the main method of protecting the rights. The evolution of the society’s movement to the “Industry 4.0.” format and the application of an innovative method of investment using digital cryptographic records are considered. Conclusions: it is proved that the development of ICO investments is continuing rapidly, and capital investment using this tool is increasing due to attracting a new circle of investors. It is proved that the growing popularity of ICO will lead to the development of the technical “base” of the financial instruments market, strengthening the crypto protection of smart contracts and transactions within their execution, which will eventually make digital cryptographic records used to finance foreign trade transactions habitual investment tools, as well as change the position of individuals and legal entities in the market of bookentry securities, namely, in the process of protecting corporate rights. As a result of the research, it is recommended that the legislation in the field of the stock market provide a preventive method of electronic blockchain registration of jural facts and transactions with book-entry securities, which will avoid fraudulent actions by unscrupulous shareholders, as well as strengthen the rule of law in the execution of public (tax) obligations. The recommendations are made to improve the current legislation; the amendments to Article 149.3. “Violated copyright protection” of the Civil Code of the Russian Federation are proposed; a new version of the Article is given.

Quilombola School Education from a Field Perspective: The Quilombola Peasant

This article is a product of an ongoing research entitled: “The educational public policies of the Articulated Action Plan-PAR in municipalities of Bahia”. It focuses on Vitória da Conquista, Ilhéus and Itabuna. We describe the results of this study concerning the reality of the quilombola 4 school education from a field 5 perspective, that of the quilombola peasant. We followed the dialectical historical materialism method. The results point to contradictions between what the law provides in the specific legislations and the materiality of this population’s particularities. We conclude that the specific mode of production of the quilombola countryside people legitimizes a social practice of coping with capital through the peasantry. To better explain it, we have used the emerging category Quilombola peasant.

Educational planning, municipal education plan and public policies in Miracema do Tocantins - between the ideal, the written, and the accomplished

The present article is based on a bibliographical review, anchored in Lima and Kyoto (2007) and documentary research (Gil, 1999), based on the dialectical historical materialism method that indicates the whole of life in society [...] is "a way of understanding history and analyzing the evolutions and struggles in the economic and political sector" (AZEVEDO, 1999). We aim to describe the educational planning process in the municipality of Miracema do Tocantins, as resulting from the Plan, in the implementation of educational public policies and the articulation for the elaboration, monitoring and implementation of the SME 2015-2025, addressing perspectives, complexities, possibilities. As results, we apprehend a municipal documental collection produced from the guidelines, documents and guidelines of SASE/MEC, since 2013, when the SME was elaborated, which justified the elaboration of the Plan and which bases its monitoring and implementation process. However, we also learned that the SME's goals and strategies were minimally implemented.

Digital Tokens in the Tools of Modern Foreign Trade Activities by Economic Entities of the BRICS Jurisdictions

Introduction: computer algorithmization of production, transport, communication and other processes, which is actively distributed across the countries of all the continents, has received a special name – digitalization of the economy. The speed and independence from distance, in particular, the interworking algorithms for attracting investments are perceived by entrepreneurs with great hope for success. According to the authors of the paper, by 2022 the financial digital technologies can replace up to 28 % of traditional banking and payment transactions, up to 22 % of insurance and foreign trade financing transactions. In the short term, the relevance of introducing the legal regulation of digital investment tokens will be duly evaluated, so long-term foreign trade projects for long-term supply of goods, in particular, by the economic entities of the BRICS jurisdictions, will receive increasing financial support. In the scientific paper, the authors studied the activities of the Russian legislators on forming the legal regulation of the digital economy for the purpose of identifying their mistakes and shortcomings, as well as substantiating recommendations for the consolidation in the legislation of the viable legal structures which can be used by the economic entities of the BRICS jurisdictions in long-term foreign trade transactions that require large financial resources for a period of 1 year or more. Relying entirely on the materialistic worldview and the general method of historical materialism the authors used the general scientific and specific scientific (comparative law, normative-dogmatic, statistical, hermeneutic) methods for the study. As a result, the authors proved that the development of ICO investments would continue rapidly. The growing popularity of ICO will promote the technical “base” of the token market and strengthen the crypto protection of smart contracts and transactions within their performance. Tokens, as digital crypto records on the Internet resources, used by the participants of foreign trade transactions of the BRICS jurisdictions – the organizers of investments, by 2022 will become the usual investment instruments, such as bonds or shares. The conclusions and recommendations on the correction of the Russian bills are formulated; the proposals for improving the infrastructure of remote investments in the Internet space of modern Russia are given. On the basis of a critical analysis of the scientific works of the economists and lawyers, the authors formulate the definitions of the studied tools of remote digital interaction of investors and organizers of investment of long-term foreign trade transactions, which can be carried out including the economic entities of the BRICS jurisdictions.

ПОЛІТИЧНА ФІЛОСОФІЯ В УМОВАХ КРИЗИ ТРАДИЦІЙНОЇ МЕТОДОЛОГІЇ: ГЛУХИЙ КУТ ЧИ ГНОСЕОЛОГІЧНИЙ ПРОРИВ

Authors establish discourse of crisis of traditional methodology in modern Ukrainian political philosophy. At the same time, the mainstream of Western political science is methodologically based on the achievements of the method of historical materialism, which is not used now in Ukrainian political philosophy.The purpose of this article is to demonstrate the heuristic potential of the concept of analysis of socio-political relations, taking into account the generally accepted in nеo-Marxist analytics factor of competition for access to limited resources in a society based on the principles of individual profit. It is demonstrated that the evolution of economic activity is taking place through the concentration of economic resources (property) and economic power in the hands of the minority of society. Thus, the uneven access to resources for various social groups in the process of primary distribution causes the internal instability of society, which is compensated by the use of power redistribution of resources through the state mechanism.The state, as the manager of a significant amount of resources withdrawn from society in the process of the redistribution, is the object of power influence from social groups that can concentrate sufficient resources for this. The relationship between the state and these groups is determined by the correlation of volumes of concentration of resources and the effectiveness of resources’ application. The removal of resources by the state in its favor and the seizure of state resources by the most resource-rich social groups are the system factors of the described model.A nation, which is composed of fighting against each other in the struggle for access to resources social groups, is not internally the single subject of politics. The situation of competitive political struggle within the nation is a systemic factor. At the same time, the minority of the nation, due to high concentration of resources, is able to subordinate the majority, thereby gaining the right to act in its own interests on behalf of this majority. Thus, in social reality, a nation is represented by political elite - a resource-rich minority, which dominates the society. The political elite is transformed into a factor of destabilization of society if it alienates in its favor too many resources, needed for reproduction of the society. Taking into account that the alienation of resources by the elite in its favor is systemic, this phenomenon is also systemic. Thus, political elites play a key role in the formation of crises that accompany the development of state and society.In this case, the exclusive right of public authorities to use economic resources, which are subject to regulation by the state, creates a so-called power or political rent. The detailed description of the essence of this rent was fulfilled within the framework of the macroeconomic theory of groups, which treats acquiring rent as a result of the interaction of certain groups of interests. Such behavior of the staff of the state apparatus is due to the ability of corporation officials to make self-contained decisions of redistribution of resources. In general, the proposed model allows analyzing the crisis phenomena, which exist in political reality, not as manifestations of the non-systemic nature, but as systemic factors, which are the consequence of the normal functioning of the elements of social, economic and political systems of society. Here from, the task of further research in this direction is to identify elements and relationships that can act as factors compensating crisis phenomena generated by the system.