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Aleksanteri Conference







Benevolenskaya, Zlata

The new political polarization of the world and the reform of state property management in Russia

The exception in 1990 from the Constitution of the USSR of article 6 which proclaimed a supervising and directing role of the CPSU in the Soviet society was main event in the course of overcoming of ideological opposition of the West and the East in the sphere of   jurisprudence of the USSR, and subsequently of Russia. This event has radically changed the Soviet and Russian jurisprudence. For the Soviet jurisprudence that event was similar to the crash of the Berlin Wall. After an exception of the article 6 from the Constitution of the USSR and declaration of the Soviet society as legal multi-party system, the changes of the country towards democracy and protection of human rights became irreversible. Ideological defeat of communism in Cold War have led to the variety in a political spectrum inside the country and   has led to variety of economy and development of the foreign trade outside the country. The refusal of the CPSU from a supervising role in a society has led to democratic modern civil legislation which we observe in Russia and in other states CIS now. At the same time, Russian legislation has residual phenomena of the planned economy constructed by a principle of centralized management, dictated by militarization of economy of the Cold War times. Such phenomena are the institutes of economic ownership and an operational management which do not allow to develop model of trust management competing to them, which appeared in development of model trust in Russia. By the way at Ukraine there is a legal model of trust in the legislation of that country. In our opinion, as in due time the USSR has refused the article 6 of the Constitution of the USSR, as Russia has refused a uniform state planned economy, having proclaimed a course on privatization, also it is necessary  to refuse now planned models of  economic ownership  and an operational management and to accept  the  legal model of trust derivative of the property right. A variety should be in everything, including flexibility of economic behavior of managing persons.  On the other hand, exception from an economic sphere and jurisprudence of models of economic ownership and an operational management should be promoted by globalization and economy integration in the new political polarization of the world which has come instead of opposition of Cold War. Such political polarization is polarization "North-South", about   which the political scientists Alexander Janov, Andrey Kozirev, Andrey Shumikhin wrote in 1989. Russia, accepting such models as trust, should be integrated further into community of "northern" states, widely making use of experience of the states in which the model trust is widely used for a long time.  And that model, superseding vestiges of a planned economy of the Cold War times, is necessary to introduction in Russian law and sense of justice.  Thereby, introduction of the trust into the Russian legislation will promote wide mutual integration of the developed countries of the North (USA, Canada, Europe) and Russia which belongs to northern states according to its geopolitical position.

Friday 30 October Session 5 / 13.45-15.45
Panel: Law I/ The Legal Dimension in the Cold War Interactions