No 2 (2015)

The article describes the origins of the state within the frames of the information-quantum discourse, the cognition of which is focused on the interdisciplinary nature of comprehension of «internal» procedural qualities of the state through its substrate being the people (the nation). The state is regarded by the author as an emergent self-organizing system which includes such elements as the pattern (protopattern) and the egregore, these elements being its formation stages. The first stage of the process of the state genesis is marked by protopattern formation on the level of the collective unconscious. Moreover, the appearance of the «self» protopatterns is accompanied by decomposition of the superposition of conditions of the «society» (of the «Self» quasi-pattern) quantum quasi-system and by appearance of one of its conditions being the ethnos which cannot be identified as the state in its proper meaning. It is explained by absence of a single idea and aim to be realized within individuals residing in a definite territory. In other words, the ethnos did not possess the «mental condensate» generated by thoughts and emotions of individuals and gained independent existence - the egregore. Only starting from the moment of the egregore establishment (institutionalization) the process of transformation of the ethnos into the people takes place, and also the final stage of the ethnos establishment as the state begins. The final stage of the state establishment is marked by appearance of the egregore, as well as by transformation of the society into the systems of the «people» and the «nation». Precisely the egregore generates development of its another potential condition - the «people» - out of the non-local superposition of the «Self» quasi-system conditions. As a result of the decoherence process the collective «self» pattern is formed as a reflection of the conscious and unconscious aspects of the state forming people. Furthermore, it should be noted that it is presence of non-linear relations between interacting subjects of law that act as the main feature of genesis and development of the people into the state. It is those relations, according to the author of the article, that reflect the unconscious level of the unity of the people as a union of individuals. Along with fulfillment by the people of its mission - the egregore idea, there originates a new type of the state forming people. The egregore formed by the people earlier, eventually becomes an independent energo-informational entity which establishes space with its own law and order referred to as the nation-state. According to the author of the article, the state starts functioning not in accordance with aspirations of the people as a source of public authority, but in conformity with an autonomous egregore, the intent of which depends on the ideology it contains.

The present article focuses on the political and legal situation with regard to human rights and freedoms in the Arab Republic of Egypt after the overthrow of the President Mohammed Mursi. The article analyzes the new Constitution of the Arab Republic of Egypt of 2014, the basic human rights and freedoms enshrined therein, the hypothetic difficulties of its implementation, as well as contains a comparative analysis of its provisions with those of the previous Constitution of the Arab Republic of Egypt of 2012 and international human rights standarts.

In article a valid conclusion that the direction of creative activity of court (including, in aspect of a judicial discretion regarding proof and an assessment of evidentiary base) deserves to be a program question of extraordinary congress of judges of Russia to define one of many constant purposes of activity of all judicial system. To have opportunities to modernize, bring new and positive in a condition of modern judicial system, carriers of judicial authority need to find modern knowledge, to be exempted from the outdate, become obsolete representations, to penetrate into the latest tools, means of legal proceedings more deeply, to learn possibilities of the personality as judges - the carrier of judicial authority and to be capable to apply them to updating of establishments of judicial system in daily judicial activity.

The article deals with the leveling and ignoring the rights of boys and the rights of girls. The authors substantiate the right of the boy to receive upbringing as a boy and right of the girl to receive upbringing as a girl. The article shows the international legal guarantees of these rights, and rules of the International Law, of which indirectly follow these rights. The article concluded that from the birth each boy and each girl have a particular sex with patterns of psychosexual development immanent to this sex and formed naturally, and the child has the right to be raised accordingly to his/her sex, based on his/her natural sexual identity, including self-identification, formed naturally in childhood.

The article focuses on the description of one of the basic tools of the monetary credit policy conducted by countries, the compulsory reserve requirements, which represent the tool of monetary policy which is used in many countries of the world, the mechanism of formulating such requirements by central banks, the degree of their influence on the liquidity of banks and the growth of cash volumes. Functions of the reserve requirements deposited on bank accounts of Russia are considered in depth. The article deals with dynamics of standard rates of required reserves; the «classical» scheme of averaging of required reserves is analyzed. Authors unitize the reserved liabilities of the credit organizations in three categories: liabilities of the credit organization to legal nonresident persons which consist of liabilities to legal nonresident persons (including liabilities to nonresident banks), liabilities to individual nonresident entrepreneurs, arising according to agreements of the bank (correspondent) account, contracts for attraction of money (credit, deposit and other agreements); liabilities of the credit organization to physical persons which consist of liabilities to physical persons (residents and nonresidents), arising according to bank deposit agreements (including certificated by savings certificates), the bank account; other liabilities of the credit organization in currency of the Russian Federation and (or) in foreign currency. An example of calculation of data for accomplishment of an obligation by the credit organization for averaging of required reserves is provided. The article also deals with the practical issues of the mechanism of action of this instrument of monetary policy, the order of reserve calculation, the Central Bank of Russia’s management of the obligatory reserves as well as assesses the legal base regulating various aspects of credit institutions’ fulfillment of the reserve requirements.

The complex analysis of modern world political reality in the context of consideration of an actual condition of Russian Federation and the western powers relationship in the article is carried out.

The review presents the most interesting reports and speeches of the participants of the All-Russian Scientific Conference «Harmonization of approaches in research and teaching of law» which was held at the Peoples’ Friendship University of Russia, Institute of Law on March 27-28, 2015. The main goal of the Conference was to discover the possibility of organic connecting of contemporary methodological approaches in the legal science and education.