The Post-Soviet States

The author argues that despite important differences among the post-Soviet states it still makes sense to regard them as constituting a single region because they share the corrupt and stagnant social system of "post-Soviet capitalism." He describes the distinguishing marks of this system and considers how it can be overcome.     

Post-Soviet Gravitation

The author argues that the unexpected victory of Viktor Yanukovych in the 2010 presidential elections reflects popular fatigue regarding political conflict and a willingness to return to the post-Soviet oligarchic model of the Kuchma period. In rejecting the dictatorial tendencies of Yulia Tymoshenko, however, the electorate remained true to the democratic ideals of the Orange Revolution.     

Orthodox Christianity in Post-Soviet Society

On the basis of quantitative research, the author analyzes the process of mass affiliation to Orthodox Christianity in the post-Soviet period, the understanding of the foundations of faith and attitudes toward the sacraments, and the special characteristics of contemporary Orthodox religious practices. She traces the connection between the anti-Westernism and anti-modernism of the present-day Russian Orthodox Church and anemic grassroots social processes legitimized by the Putin regime. She shows that parishioners are not the main concern of today's bureaucratized Church, which demonstratively identifies itself with the state and in which conservative-fundamentalist tendencies are winning out.     

The Disintegration of the Economy of Central Asia in the Post-Soviet Period

The present stage in the development of the Central Asian region is marked by the disintegration of its economy—its fragmentation into individual components that barely interact with one another, that are subject to no control or coordination, and that are deteriorating progressively as time passes.     

Grievance Practices in Post-Soviet Kyrgyz Agriculture

This article examines legal consciousness in action as expressed in grievances arising from commercial transactions among sellers and buyers in the new post-Soviet economy of Kyrgyzstan. Using focus groups, direct observation, and participant observation, I investigate the transformation of disputes between Kyrgyz vegetable growers and processors. My data show variation in the way grievances are dealt with among Kyrgyz farmers. Farmers opt out of the contractual relationship, remain in the relationship, or practice a combination of the two over time. The farmers included in this study did not seek legal remedies through the court system. Data also reveal that expressions of grievances transform in tandem with an evolution of feelings—from anger and distrust to understanding and even sympathy for the party responsible for the grievance.     

Special Characteristics of the Post-Soviet Political Regime

When the editors of Rossiiskaia gazeta asked me to write an article on Russia's future policy toward Asia, they did not catch me completely unawares. I have been thinking about this now extremely complicated problem for a long time. Here I attempt to share my preliminary conclusions. I am not sure that these conclusions are final, but we must initiate a discussion.     

What Post-Soviet Russia Can Learn from Bismarck

The chairman of the Supreme Soviet of the Russian Federation, R. Khasbulatov, answers questions from the periodical Narodnyi deputat. The journal's chief editor, M. Piskotin, and journalist Iu. Zviagin participated in the discussion.     

A Study of the Effectiveness of Village and District Soviets in Belorussia

For the role of local soviets to rise requires an increase in the efficiency of the organizational and legal forms by which they function. Scientific studies making it possible to offer well-founded recommendations to improve both legislation and practical experience are called upon to play an important role in this. In particular, empirical research (the study of documents: minutes of sessions, meetings of standing committees, decisions of election commissions, the periodical press, etc.; statistical data, observations, interviews, etc.) make it possible to study such questions concerning the activity of soviets of working people's deputies as the level of deputies' activity at sessions, the establishment and functioning of standing committees, the degree to which the work of the soviets is conducted before the eyes of the public, and so forth.     

Transforming the Post-Soviet Research Systems Through Incubating Technological Entrepreneurship

For many years the Soviet Union and the Eastern block countries (member countries of the former Warsaw pact) had been considered as the main military competitors of the western countries buttressed in their struggle against the West by their economic and scientific resources. The Warsaw pact countries had high levels of R&D investments, a large number of researchers and engineers, and diverse research facilities. On the other hand, output indicators (patent applications, number of papers, scientific citations, etc.), and especially the rates of technological innovation were not so impressive. This paper analyzes the sources of these differences with special attention to the functions played by science and technology (S&T) programs in the formerly communist societies of Europe and Russia. The dynamics of changes in the R&D potential in these countries are considered along with ways and possible scenarios of convergence towards the national systems of innovation of developed western economies. Special emphasis is assigned to the constructive role that technology transfer and commercialization processes along with the use of a network of virtual incubators and the promotion of technological entrepreneurship, can play in fostering a socio-economic renaissance in Eastern Europe and Russia.     

后苏联时代的法律移植与民法典编纂

若要弄懂一种法律制度,不能单研究其条文规范,而要明白这个条文是如何组合到一起的,该制度是如何架构的,它的条文应当如何解释.同样,若要弄懂一种法律制度可能对其他法律制度产生的效应,一个人还应当意识到那些影响性因素远远超出个别条文之上.     

Blind Alleys of Post-Soviet Development: Searching for Exits: Editor's Introduction

The articles in this issue of Russian Politics and Law show that Soviet legacies continue to shape the political development of all of the post-Soviet states. Some articles in the issue focus more specifically on Russia, highlighting how some of the political problems that have resulted from Soviet legacies have derailed the liberalization of the region's most important state.     

论实质证据观

证据概念问题的大讨论使证据理论的研究更加深入,证据观念的大转变开创了证据学发展的新时代。实质证据观是正确的,应该在法学中予以确立,形式证据观应予以废除。证据是事实,证据只有两种属性,一为客观性,一为关联性。证据只有三种物证、书证和人证。三种证据理论可以穷尽所有证据。     

公域之治的转型——对公共治理与公法互动关系的一种透视

模式选择与公法规则之于公域之治,犹如一块硬币的两面。国家管理失灵直接推动着由开放的公共管理与广泛的公共参与整合而成的公共治理模式的普遍兴起,这代表着通过分散权力来集中民意的公域之治的发展趋势。本文旨在论证公共治理兴起与公法变革之间具有相辅相成、彼此强化的内在关联性: 一方面,公共治理对公法的依赖性,不仅体现为依靠公法确认一种防止治理失灵的“善治”目标,而且体现为通过公法建构一套由治理范围、治理主体、治理行为和治理监督救济机制共同构成的公共治理行动结构;另一方面,为了适应和顺应公共治理的普遍兴起,我们应当在对公法既有理念、制度与实践加以审视与反思的基础上,确立一种以回应公共治理为导向的公法制度变革模式,通过重塑公法制度基础、调整公法制度结构、修正公法机制来建构一种平衡公法。     

论志愿者服务立法的规制与转型

完善志愿者服务立法,需要对当前志愿者服务立法进行规制和转型。重点应从理顺法律体系、明晰法律主体、确定服务范围、完善服务行动协同机制四个角度对现有志愿者服务法律体系进行合理规制。要达到制度整合的目的,离不开观念和体制上的转变。实现从促进志愿者服务到保障志愿者服务的立法宗旨和由政府行政主导向社会自主发展的管理模式两方面的立法思路的转型,是完善志愿者服务立法的前提。     

试论转型期我国政府规制的改革

改革开放特别是我国确立建立社会主义市场经济体制以来,我国政府规制改革取得了重大进展,计划经济体制下所形成的计划管制正逐渐被基于市场经济的法制化、规范化的政府规制所取代。但同时我们也应该看到,我国政府规制改革仍存在许多问题,已落后于市场经济发展的要求。因此,在借鉴西方规制改革经验的基础上,结合我国实际对我国政府规制改革进行探讨有着重要意义。