Optimizing of Selection of Public Procurement Vendor Based on the Risk Management Methodology

Introduction. Under globalization, the current international political and economic relations, the Russian Federation is changing to a new state policy in the field of system modernization of public procurement. Theoretical analysis. The development of predominantly market-based mechanisms of regulation, liberalization of the economy along with degradation of the regulatory role of state governance structures lead to increased risks in public procurement. Individual problems and contradictions in the system of public procurement are due to the lack of proper methodological apparatus to estimate the effect of risk. Methods. As a result of our optimization statement of the problem of selection of an executor of public orders, an algorithm and a system of mathematical models of choice of potential suppliers considering the collective evaluation of the risk category are proposed. A distinctive feature of the proposed method is the use of techniques to allow for maximum relations among the basic elements in a risky situation (alternatives, the probability of achieving the result desired, uncertainty, the possibility of deviation from the intended purpose). Results. The proposed approach makes the necessary prerequisites for the establishment of effective barriers for fraud and incompetent agents to enter the system of public procurement, both as suppliers and customers, through our selection mechanisms developed. Conclusion. The future direction of development of the methodology seems to justify the qualification requirements for suppliers, including the availability of necessary professional and technical qualifications, financial resources, equipment, labor and other material resources for the execution of contracts, work experience.

Conceptual foundations of the Western communicative theory of law: Nicholas Luhmann

Introduction. The article deals with the theory of law by Nicholas Luhmann as one of the most important conceptual and methodological sources of Western communicative theories of law developed in the context of post-metaphysical thinking in social theory. Theoretical analysis. In the social system of Luhmann, communication communicates, so the concept of Luhmann belongs to the number of non-subjective ones. The legal system in this concept is formed by the diff erentiation of communications, thanks to which a legal co de arises. On its basis, specifi c communications are redefi ned, being included in the legal system. The function of the legal subsystem is to stabilize other subsystems by normalizing the expectations of counterparties and “monitoring” all subsystems. Empirical analysis. Luhmann shows that the justifi cation of law within law is impossible due to the paradox of self-application – law cannot determine whether it is itself a law. The logical paradoxicity of law does not cancel its functionality, since the basis of law is transcendent and is brought into the political system. Results.The Luhmann model of autopoiesis is not correlated with usnaturalism, since it is focused on the processes of social self-organization. It refl ects the classical explanatory schemes traditional for legal positivism, since positivization is ultimately subordinated to the transcendent political basis of law.

Internet in the Objective Field of Legal Science: Problems of Theory

The article deals with the formation of the theoretical Internet model in Russian legal science, it also discusses the implementation of communicative approach to the Internet law methodology. Results. In our opinion, the operationalization of the idealized object of the Internet is formed on the basis of its technical artifact properties. Russian information law methodologists ignore social aspects of the Internet. The current situation needs methodological adjustments, that will let the Internet to be considered as the part of the social reality and make the nature of the Internet legal relationships comprehensible. Discussion. Social aspects of the Internet need to be fixed at the theoretical level. The Internet has the ability to be a tool of any legal relationship establishment. Thus it will be appropriate to use the knowledge about models and types of Internet communication, accumulated be the communication science.

Features of the Application of the Universal Criteria of Science in Law

Introduction. Universal scientific criteria have their own specific application in law, this is due to at least two circumstances. First, universal scientific criteria are developed in the conditions of the classical philosophical picture of the world, and the question of revision of the system of universal scientific criteria was actualized in the era of post-non-classical philosophy, since not all of them are able to “work” in irrational conditions. The second is related to the general nature of universal criteria that do not take into account initially the features of the object-subject area of legal sciences. This circumstance, coupled with the lack of disciplinary criteria of legal knowledge, “coarsens” the effectiveness of the application of universal criteria to the assessment of legal knowledge for scientific purposes. Accordingly, a combination of, a set of criteria of scientific character in relation to a particular legal phenomena can be varied. These issues require careful study in connection with the emergence of new social phenomena that require legal understanding, the introduction of definitions of their concepts in the categorical apparatus of the general theory of state and law. Purpose. The purpose is to consider the set of universal scientific criteria that are necessary and suitable for the standardization of legal knowledge. Results. Due to the fact that the system of such individual (disciplinary) settings did not work, the universal standards of knowledge developed in philosophy of science are used as the criteria of scientific character of legal science. They represent a complex system of foundations of science, consisting of theoretical and logical, and empirical parameters. However, they are often insufficient for quality assessment of legal knowledge. The article considers how to apply some of the theoretical and logical scientific criteria for the identification of the scientific foundations of different legal phenomena. In other words, it is shown under which conditions (if there are grounds) legal phenomenon can be the object of scientific analysis. Conclusions. Thus, the scientific criteria are necessary evaluation parameters of state-legal phenomena, allowing to standardize legal knowledge. Their system, features of the application depend on the object and subject of science, historical and socio-cultural conditions, as well as the prevailing (dominant) methodology.

Criteria of Scientific Character of Legal Knowledge and Practice of Their Application

Introduction. The complexity of the objects of legal influence, the enrichment of the theory due to the increment of new knowledge from non-legal spheres raise the question, firstly, about the demarcation of legal knowledge in the Humanities, secondly, about increasing the requirements for the accuracy of the object-subject area and the methodology of legal research, thirdly, about the formalization of legal phenomena in legal practice, finally, about the evaluation of the results of the research, in terms of their practical utility, social relevance. These issues cannot be solved without the application of scientific criteria of legal knowledge. The purpose is to identify a set of scientific criteria necessary and suitable for the standardization of legal knowledge. Theoretical analysis. It is necessary to form a system of disciplinary scientific criteria in law as a tool for assessing legal knowledge, which has a number of features (in particular, state-legal phenomena are complex unique systems, the analysis of which necessarily takes into account political and historical factors, worldview preferences of the researcher, the choice of research methodology, etc., and this increases the subjective moment in their assessment). This fact does not always allow uniform application of universal criteria for the standardization of legal knowledge. Conclutions. The problem of establishing the boundaries of the formalization and materialization of the state-legal phenomena is solved by applying a set of criteria of scientific character, allowing, first, to state the scientific significance of the objects of knowledge, and secondly, to withdraw the legal phenomena of abstraction (the sphere of tacit knowledge) into an object-subject area and give them a categorical status.

On the Communicative Nature Mediation: Some Methodological Aspects

In the framework of Communication has developed an interpretation of communication as symbolic of the social process. Communication in the modern sense – it is a way of establishing contacts between the subjects and the shape of their interconnection and mutual influence, and the basis for the formation of new social practices. One type is the mediation of constructive interaction based on the transactional model of communication. Discussion of results. Practical implementation of extra-judicial dispute resolution and conciliation procedures in modern Russia is based on the understanding of their inner nature and driving mechanisms. The basis of the study of the communicative nature of the mediation made theoretical and methodological position of Communication. An analysis of the various approaches to the study of the fundamental characteristics of communication allowed to formulate the author’s understanding of mediation as a deliberate, planned communication taking place with the help of significant symbols. Mediation – a certain kind of communication, allowing to carry out cooperation partners in the negotiations to create a common sense of the common communicative action and agreement. This approach contributes to the formation of modern culture settlement of disputes and the wider dissemination of alternative means of resolving legal conflicts.