Tkachenko S.V. —
Legal modernization of the post-Soviet Russia.
// Legal Studies. – 2014. – ¹ 5.
– P. 12 - 22.
DOI: 10.7256/2305-9699.2014.5.11817
URL: https://en.e-notabene.ru/lr/article_11817.html
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Abstract: In the process of its formation in 1990s the Russian legal system actively used reception of the Western legal tradition. Reception of law is understood as adoption and introduction of the ideas, legal institutions, norms, terminology of the foreign law for the purpose of modernization of the legal system, gaining international authority or providing for political and economic dependency from other states. The Western legal tradition is a complex of legal ideas and theories, which were formed throughout the period of existence of the Western legal culture, and which are manifested by the liberalism ideology based on the following principles: individualism, instrumentalism, technologism, rationalism, pragmatism, political character, civility, lawfulness. Currently the Western legal tradition serves as a paradigm for the modernization of the legal systems within the states, which are not part of the Western civilization. The methodological basis for the study was formed by the general scientific cognition methods (dialectics, analysis, synthesis, analogy, functional, systemic and structural approaches, abstraction and specification, linguistic analysis, as well as specific scientific and legal methods of studies: formal legal, comparative legal, technical legal methods, legal modeling, and special methods (sociological, psychological, anthropological, historical).Its scientific novelty is due to the theoretical and methodological substantiation of the modernization process as an element of information psychological warfare, in order to guarantee control over the situation on the post-Soviet territory. The scientific novelty of the article in general is due to the analysis of the reception of law, its goals, functions, system of principles from the standpoints, which were not used before.
Tkachenko S.V. —
// International relations. – 2014. – ¹ 4.
– P. 1 - 1.
DOI: 10.7256/2454-0641.2014.4.11881
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Tkachenko S.V. —
Ideology for the modernization of the post-Soviet Russia.
// Security Issues. – 2014. – ¹ 3.
– P. 1 - 92.
DOI: 10.7256/2306-0417.2014.3.11892
URL: https://en.e-notabene.ru/nb/article_11892.html
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Abstract: The modern Russian statehood is the product of loss of the USSR in the Cold War. Modernization of the post-Soviet Russia took place with active help of the West, as represented by the USA. Such help usually involved introduction of hte modernization models used by the West in the Third World states. The introducec model does not presuppose external administration. It is based upon the attributes of statehood, while the state becomes highly dependent upon a certain state (the USA) or a group of states (the West). The specific feature of this model concerns erasing the understanding of objective political and legal processes among the populations of the colony and metropolian state, introducing certain political and legal myths, supporting the existing colonial order. The model defines ideology for the lower conflict potential in the Russian soecity. The methodological basis for the studies involves general scientific methods (dialectic, analysis, synthesis, analogy, functional, systemic and structual approaches, abstraction and specification, linguistic analysis), specific legal methods (special legal cognition methods: formal legal, comparative legal, technical legal, legal modeling), as well as special methods (social, psychologic al, anthropological, historical). The use of various methods of studies and the latest achievements of the social sciencies in their combination allowed to discuss object and immediate object of studies within the context of general patterns of their existence and development, facilitating the achievement of the goals of studies. Theoreticl and methodological basis for the studies involves the scientific work of Russian and foreign scientists in the spheres of jurisprudence, philosophy, political science, geopolitics, history, concerning the general problems of nature and use of modernization technology, its political and legal nature. The scientific novelty is due to the theoretical and methodological substantiation for the existence of reformers ideology, which is present in the humanities. The scientific novelty is due to the analysis of the matters, which were not previously studied from the general ideological position, its goals, function and system of principles. The author provides an original vision of reformers ideology, which is now supported by the Russian humanities, explicating its definition, specificities and prerequisites.
Tkachenko S.V. —
Contents of reception of law.
// Legal Studies. – 2013. – ¹ 6.
– P. 42 - 62.
DOI: 10.7256/2305-9699.2013.6.818
URL: https://en.e-notabene.ru/lr/article_818.html
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Abstract: The reception of law is a necessary instrumetn for the development of the legal system. As a legal matter, reception is currently the most demanded instrument for the modernization of law. It is due to the fact that legal system of all states have never been existing in isolation, and they do not do so now. Then the state attempts to fight reception of law and cultural values in general the situation usually ends up in a complete failure for a state and degradation of a society. The phenomenon of full-scale reception, which allows to resolve global issues, regarding internal and external challenges to the statehood, deserves special attention. One of such challenges is crisis of statehood due to the need for modernization. Such a need may be related to an external threat of military or economic character. The full-scale reception of law in the framework of legal reforms becomes possible as a result of crisis of state and law. It may therefore be defined as a crisis model for reception.
Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 10.
DOI: 10.7256/2454-0706.2009.10.1121
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 10.
DOI: 10.7256/2454-0706.2009.10.41145
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 9.
DOI: 10.7256/2454-0706.2009.9.1261
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 9.
DOI: 10.7256/2454-0706.2009.9.41182
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 8.
DOI: 10.7256/2454-0706.2009.8.1275
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 8.
DOI: 10.7256/2454-0706.2009.8.41188
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 7.
DOI: 10.7256/2454-0706.2009.7.1236
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 7.
DOI: 10.7256/2454-0706.2009.7.41174
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 6.
DOI: 10.7256/2454-0706.2009.6.1200
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 6.
DOI: 10.7256/2454-0706.2009.6.41162
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 5.
DOI: 10.7256/2454-0706.2009.5.1137
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Tkachenko S.V. —
// National Security. – 2009. – ¹ 5.
DOI: 10.7256/2454-0668.2009.5.2322
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 5.
DOI: 10.7256/2454-0706.2009.5.41147
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 4.
DOI: 10.7256/2454-0706.2009.4.990
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 4.
DOI: 10.7256/2454-0706.2009.4.41112
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 3.
DOI: 10.7256/2454-0706.2009.3.987
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Tkachenko S.V. —
// Law and Politics. – 2009. – ¹ 3.
DOI: 10.7256/2454-0706.2009.3.41111
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