Doctrinal Foundations Research Articles

Propuesta de unificación procesal penal internacional

This research addresses the issue of the unification of the criminal process, based on the idea of many intellectuals of being able to build an international legal order that harmonizes the procedural norms by virtue of which it is necessary to investigate, accuse and judge the people who commit in conducts that can be considered crimes. Although the proposal may have defenders and detractors, nowadays so many doctrinal foundations are not required to support the claim to unify the Law. The universe has shown signs of legal unity in Latin America and Europe, and international instruments on human rights and model procedural codes have also been approved, which serve as the basis for the creation of procedural codes in the states. In the procedural sphere, there is consensus that the problems of crime in the international community are similar and the general rules of criminal procedure with which crime must be faced are similar. At the beginning of the research, the relationship between Comparative Law and procedural Unification is referred to and finally a proposal of methodological and structural principles that can contribute to the alleged legal unity is made.

On the Verge of Damnation and Buddhahood: Motherhood, Female Corporeality, and Koan Exegesis

Buddhist scriptures depict the female body according to two contrasting models. On the one hand, female flesh is the epitome of defilement that hinders proper salvation. Yet, on the other hand, the gestational body is employed as a metaphor and a model to depict the highest spiritual perfection of the Buddhist clergy. By investigating these two seemingly incompatible approaches, this article shows how these contrasting models coexisted within the same doctrinal framework in early modern Sōtō Zen secret sources. In particular, it explores a Sōtō Zen secret document from the early modern period entitled <em>Ise niji kirigami</em>, which provides the doctrinal foundation for salvific rituals directed to women who died during parturition. The peculiarity of this document is the combination of conceptualizations typically associated with female pollution with a wide range of theorizations mainly derived from esoteric discourse on the kami, the <em>Lotus Sūtra</em>, and Zen koan interpretations. Therefore, through the investigation of the affinities with koan exegesis, Buddhist scriptures, and kami-related theories, this article aims to broaden our understanding of the tools used by early modern Zen monks to theorize the female body and contribute to the ongoing debate on the representation of the female spiritual and corporeal condition in Buddhist sources.

LEGAL REGULATION OF ACCESS TO TECHNOLOGICAL INFRASTRUCTURE IN THE FUEL AND ENERGY SECTOR

The article analyzes the doctrinal foundations of technological connection as an institution of energy legislation, as well as its main features and problems of law enforcement. At the same time, the multidimensional nature of this institution is emphasized, in particular, including technological, economic and legal aspects. The expediency of legislative consolidation of the right of access to energy infrastructure for consumers of energy and energy resources, which must be distinguished from factual (technological) actions aimed at its implementation, is shown. The possible cases of denial of access to technological infrastructure and their consequences are analyzed, the need for regulation of such consequences for network and resource transportation organizations is shown. From the doctrinal and law enforcement positions, the question of the legal nature of the technological connection agreement is investigated, while the impossibility of its legal qualification as a sui generis contract is shown. The legal qualification of the contract for technological connection is related to the issue of the customer’s right to unilaterally refuse to execute the contract for technological connection, which is an important element of its legal status. When studying the issue of alienation of the right to the connected capacity, it is concluded that its alienation is permissible, provided that mechanisms are created to prevent abuse of the right in this area.

The aggression of the Russian Federation against Ukraine: topical issues of establishing a special international tribunal and the developing an effective mechanism of compensation for crimes against peace and security of manking

The article examines the doctrinal foundations and legal grounds for the establishment of a Special International Tribunal for the prosecution of senior officials of the Russian Federation responsible for committing international crimes on the territory of Ukraine.It has established that the interaction of international and national criminal jurisdictions is one of the most complex and topical issues of modern legal science. With this in mind, the author analyzes the peculiarities and trends of Ukraine’s cooperation with the International Criminal Court, which is generally considered to be the first legal institution to prosecute persons responsible for genocide, war crimes and crimes against humanity. The author proves that the effectiveness of the Court’s functioning depends not only on the expansion of the number of States Parties, but also on the ability to implement measures to counter international crimes at the national level.The study has established that the future ratification of the Rome Statute of the International Criminal Court will greatly facilitate the process of cooperation with leading European legal organizations, and will also make it possible to implement the criminal prosecution process in accordance with the modern reference standards of international criminal law. To achieve the relevant result, Ukraine should use the most optimal way to implement the provisions of the Rome Statute - to amend and supplement the relevant legislative acts, among which the author identifies the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, and the Criminal Executive Code of Ukraine. The author emphasizes that the process of amending and supplementing the legal acts relating to domestic criminal jurisdiction should be accompanied by the adoption of a special Law of Ukraine “On Cooperation with the International Criminal Court”.The study also establishes that the prospect of Ukraine’s cooperation with the International Criminal Court will provide a unique opportunity to apply new procedures in national legislation to protect the rights and freedoms of Ukrainian citizens. At the same time, the author proves that the International Criminal Court is significantly limited in its competence in cases involving the prosecution of the top leadership of the Russian Federation for genocide and crimes against humanity. With this in mind, the author conducts a comprehensive and in-depth analysis of the legal basis for the establishment of the Special International Tribunal.

SOCIOLOGY OF PLACES OF DETENTION AND THE PROBLEM OF CORRECTION OF CONFIRMED IN THE SOCIOLOGICAL VIEWS OF N. M. YADRINTSEVA

The purpose of this study is to reconstruct and show the problem of correction of convicts in the focus of sociology of places of deprivation of liberty according to the sociological views of the Siberian democratic regionalist N. M. Yadrintsev.
 The relevance of addressing the concept of correction of prisoners in the ideological and sociological heritage of the Siberian enlightener is due to several circumstances. Firstly, the sociological views of a prominent representative of the regionalism have been studied in fragments, in particular, the sociology of places of deprivation of liberty is not sufficiently represented in the modern scientific discourse of the social sciences. Secondly, the study can positively influence the further development of the theoretical and methodological apparatus of a special branch of knowledge - penitentiary sociology. Thirdly, having a generally theoretical content, this work, to one degree or another, may be important for determining the doctrinal foundations of practical activities in the field of social work with convicts in order to develop socially useful ties among prisoners.
 Guided by the hermeneutic methodology, the authors found that considering the problems of the sociology of places of deprivation of liberty, N. M. Yadrintsev came to the central task of social penitentiary policy - the re-education of convicts, which, according to his sociological views, can be achieved through social self-organization of prison communities.
 The authors come to the conclusion that in the sociological views of N. M. Yadrintsev there is a clear reflection on the organization of the living space of convicted criminals with an emphasis on community principles. It is the institution of the community, according to the famous Siberian, that can contribute to the establishment of socially useful ties for the further integration of prisoners into a law-abiding society.

The Methodological Significance of Werner Maihofer’s “legitimate expectation” Category for the Judicial Practice of the Supreme Court


 
 
 The article is devoted to the analysis of the actual judicial practice of the Supreme Court regarding the interpretation and application of the concept of “legitimate expectations.” For the purpose of a detailed analysis of this institute, the scope of its application by the Supreme Court is conditionally divided by the author into three separate blocks: 1) regarding the protection of property rights − reasonable expectations as a component of the concept of “property;” 2) regarding the proper implementation of their own competence by subjects of authority; and 3) regarding the good faith and reasonable behavior of equal participants in legal relations. It has been established that each of these blocks has an excellent understanding of the idea of legitimate expectations, the order and conditions of its application by the Court. Two polar positions of the Court are followed: if in one case the Court satisfies the claim, recognizing that legitimate expectations are violated, referring to their rootedness in the very essence of the legal relationship (i.e. regardless of the legal norm), then in the other case − it refuses to satisfy the claim due to the lack of normative consolidation of the right or interest, for which such an expectation could arise. The author substantiates the statement that the inconsistency of the Supreme Court, the inconsistency of its positions regarding the application of the concept of legitimate expectations is largely due to the lack of an appropriate doctrinal foundation. The idea of “reasonable”/“natural”/“legitimate” expectations proposed by the existentialist legal philosopher Werner Maihofer (1918–2009) could, in the author’s opinion, become this doctrinal core and contribute to the unification of the understanding of the category of legitimate expectation in judicial practice. A separate aspect of the research was the clarification of the presence/absence of connections between the modern judicial interpretation of the concept of “legitimate expectations” and its doctrinal interpretation − the views of Maihofer and establishing the possibility of applying the ideas of the German philosopher of law for the doctrinal justification of the institution of legitimate expectations within those limits and at preservation of those contents which are necessary and sufficient for effective legal protection. In the investigation proposed by the author, the need to take into account in the judicial practice of the Supreme Court the arguments of the German philosopher of law regarding legality and the need to protect such an expectation that arose as a result of established and desirable or permissible behavior in the social community, which, however, is not supported by a legislative norm. Moreover, the application of such an approach should be the basis of all positions of the Court in which we are talking about legitimate expectations, regardless of whether such expectations arose on the basis of an existing right or interest, or a potential, “future” right, or related they are related to the powerful activity of authorized subjects, or arose on the basis of private law relations, etc.
 
 

The Spirit-Writing Movement in the Chaozhou Region: Response to Modern Crises (1840–1949)

The spirit-writing (fuluan 扶鸞 or fuji 扶乩) movement was a response to modern crises in the domain of Chinese popular religion. From the nineteenth century, spirit-writing cults sprang up throughout China and became a national religious trend. These cults were centered around moral reform promoted through spirit-writing and aimed to reorient traditional values. This article focuses on how the Chinese conceptualized modern crises as jie 劫 by means of spirit-writing, expounded crises in the local context, and reacted to these ideas and crises in their religious and social practices. In the Chaozhou region, the movement arose in the context of disasters, political chaos, and the transmission of foreign culture and religions from the late nineteenth century. Chaozhou spirit-writing cults discoursed on the concept of jie as their doctrinal foundation and endeavored to save the world by receiving moral revelations from deities. They regarded doing good deeds as a way of cultivation and urged people to perform good deeds to avert disasters. Through the planchette, they expounded the meaning of good deeds and enriched their crisis theories in their religious practice. The movement demonstrated the initiative of popular religion, interpreting and reacting to modern crises by using traditional soteriological notions and practices.

ПРОЦЕС КИТАЇЗАЦІЇ МАРКСИЗМУ: ОСОБЛИВОСТІ ТЕОРЕТИЧНОЇ РЕКОНСТРУКЦІЇ ЛІ ЦЗЮНЬЖУ

The attributive characteristics of the conceptual approach, which forms one of the dominant ideational and political-ideological trends in Chinese historical-philosophical and social science discourses and provides justification for the narrative that the axis of development of Marxist thought in China during the 1930s–2010s was a gradual process of its Sinicization, are analyzed and revealed based on the study of publications by representatives of the Chinese community of philosophers and social scientists as well as the provisions of the CPC’s basic program documents. The philosophical-methodological, socio-political, and ideological features of such a nationalized version of the Marxist theoretical model, which received the name «Sinicized Marxism («Marxism with Chinese characteristics») in modern literature, have been revealed and characterized by means of a theoretical comparison of ideas from various and sometimes alternative interpretations by Chinese scientists of the history and logic of the relationship between the Western, Soviet (Marxism-Leninism) and Chinese Marxism and, above all, through a thorough analysis of the theoretical reconstruction, done by Li Junju, of the essence, stages and defining tendencies of the purposeful and initiated by the leaders of the CPC adaptation of axiomatics and the political and ideological component of the Marxist teaching to the conditions and tasks of national-state and socialist construction in the PRC. It was the system of his socio-political and ideological prescriptions and values that formed the theoretical foundation of the strategic doctrine of the Communist Party of China — «building socialism with Chinese characteristics».

РАЗВИТИЕ ДОКТРИНАЛЬНЫХ ОСНОВ СОВРЕМЕННОЙ РОССИЙСКО-БЕЛОРУССКОЙ ИНТЕГРАЦИИ: СОВРЕМЕННОЕ ЗНАЧЕНИЕ И РЕЗУЛЬТАТЫ

The purpose of the article is to analyze the experience of conceptual support for the formation of the Union State of Russia and Belarus, taking into account the current international situation. The problematic situation is that the next stage of the escalation of world politics, launched by the world hegemons, requires the search for new forms and technologies for defending the interests of a single security space within the framework of an allied association. Why is retrospective analytical processing of the process of doctrinal support for the integration of the Russian Federation and Belarus necessary using comparative, historical, structural-functional methods, traditional document analysis and content analysis. Research results. The author presented a chronology of the development of the doctrinal foundations of the union association in the period of 1990-2000s. The stages of implementation of the integration model, which became the basis for the strategy of unification of the two states in the conditions of national sovereignty and the influence of factors of the post-bipolar era, are structured. The positive results of the policy of interaction between Russia and Belarus in solving the problems of regulatory and legal support for efforts to recreate a single political-economic, military and humanitarian space of the two fraternal peoples are summarized. The reasons for the problematic aspects of the bilateral integration strategy are assessed. As a result, a conclusion is made about the need to further use the potential for designing integration processes obtained in the previous period.

Principles of Reparations at the International Criminal Court: Assessing Alternative Approaches

While the Rome Statute of the International Criminal Court requires the judges of the Court to establish principles of reparations, the existing case law is developing on shaky doctrinal foundations, failing to take into account legal sources, particularly from national civil torts systems, that offer vital law and practice that could inform the Court’s reparations orders. This article evaluates the legal basis of the existing reparations case law of the Court, arguing that undue prominence has been given to soft law human rights instruments while a lack of reference to the framework methodology in Article 21 of the Rome Statute has left the reparations principles weakly articulated. There are alternatives that the Court could consider in future, notably an increased role for and coordination with national justice systems, the potential for drawing on reparation rules from national torts systems, and the relevance of the lex loci damni principle. The article assesses these alternatives and proposes routes forward for the Court’s reparations practice based on the Rome Statute’s legal mandate.

NUCLEAR MISSILE PROGRAMS IN THE POLITICAL DOCTRINES OF THE UNITED STATES

The article examines the characteristics of nuclear missile programs in US political doctrines. Methods of historical reconstruction and analytical interpretation were used during the research. A description of the patterns of dynamics of the doctrinal foundations of US nuclear missile policy is given.
 The article highlights the components of nuclear missile programs in political doctrines, including areas of increasing funding for nuclear missile programs, the nature of external threats in which nuclear missiles can be used, technological features of nuclear missile weapons improvement in the context of nuclear energy development. The purpose of this article is to reveal the natural features in the dynamics of changes in the political approaches of the ruling political forces in such policy areas as deterring and preventing the proliferation of such weapons. The importance of the nuclear missile potential of the US military for political dominance and national security, influence on international relations and the formation of foreign policy doctrine in general is shown. The discussions of scientists are covered, in particular, the positions of scientists on the causes and factors that influenced the changes in the doctrinal foundations of US nuclear missile policy in the process of ensuring national security and international security in general. It is established that the genesis of the doctrinal bases of the US missile and nuclear weapons policy documents in the policy of national and international security is determined by three components: deterring external aggression and preventing the proliferation of nuclear weapons; dependence of doctrines on the ideologies of the political regimes of the ruling US parties; constant correlation of approaches to ensuring national and international security by means of nuclear missiles. It has been proven that American political doctrine in international politics gives one of the key places to the US missile and nuclear potential.

The newer Non-Denominational Pentecostal Churches in South Africa: A Critical Approach to Non-Denominationalism in Pentecostalism

This article seeks to illustrate that although there is a church historical significance of non-denominationalism in Pentecostalism demonstrated in numerical growth, non-denominational Pentecostal churches still require some level of order and doctrinal foundations for their sustainability. A lack of these fundamental doctrinal foundations might result in some of these churches facing closure, as calls for the regulation of churches in South Africa are growing stronger. This is done through a discussion of these non-denominational Pentecostal churches that can be categorised into four types: i) Pentecostal and charismatic; ii) prophetic; iii) Zionist; and iv) deliverance ministries. The significance of non-denominationalism in these is highlighted to demonstrate their numerical growth. However, to maintain such numerical growth, these churches would require a balanced approach to denominationalism that embraces doctrinal foundations in the Christian tradition. In other words, an escape from denominationalism should not mean an escape from the foundational doctrines.

Parliamentarism as a phenomenon and category of modern constitutional law

The conceptual problems of the formation of the national doctrine of parliamentarism are highlighted. Stating the fact that the most multifaceted and complex problem is the establishment of representative democracy in Ukraine and the optimal form of organization of state power, it is proposed to strengthen the doctrinal foundations of modern parliamentarism in the national constitutional science and education. Analyzing the complex of essential and substantive characteristics of parliamentarism as a phenomenon of modern constitutional law, promising directions for the development of the doctrine of parliamentary law and process are determined. The synergistic relationship between the theory of modern parliamentarism, the principles of representative democracy and the fundamental institutions of the constitutional system is shown. It is proved that parliamentarism as a socio-political phenomenon is one of the most important achievements of civilization. Parliamentarism is directly related to the recognition and realization of the values and principles of constitutionalism and people’s sovereignty, the priority of human rights, the constitution of institutions of representative democracy and the idea of parliamentary supremacy in the system of public authorities. It is argued that in order for parliamentarism to function eff ectively, effi ciently and effectively, it is necessary not only to form but also consistently implement a system of legal principles and norms, functionally teleologically oriented and structurally defined and designed for its material and procedural support. This task is assigned primarily to constitutional law as a fundamental branch of national law, substantively formalized and functionally implemented in one of its subsectors, which is traditionally parliamentary law, which, in turn, is rightly considered the legal basis of parliamentarism. It is stated that parliamentarism is not an attribute, criterion or result of a purely parliamentary form of government. As a result of democratic organization of sociopolitical life, a form of realization of the principles of people’s sovereignty, democracy, separation of powers and rule of law, political and ideological pluralism, parliamentarism in the synergistic unity of its axiological, ontological, functionalteleological, institutional and other components. (so-called parliamentary-presidential or presidential-parliamentary), and the presidential form of republican organization of the state, as well as parliamentary or dual monarchies. Given this, parliamentarism is a unique phenomenon and a universal phenomenon in the system of modern constitutionalism and democratic statehood, inherent in various forms of government. The author draws attention to the civilizational and historical context of parliamentarism. Understanding both the historical and modern experience of the organization and activities of state power, its interaction with civil society, through the prism of a civilizational approach allows us to understand the prospects of parliamentarism in Ukraine in the distant future. Without exaggeration, the civilizational approach allows us to understand the meaning of the national experience of parliamentarism and compare it with the experience of democratic reforms in the West, where parliamentarism has long been a stable civilizational tradition. Key words: parliamentarism, parliament, democracy, state, political regime, popular representation

Delay in Prosecution as a Mitigating Factor in Hong Kong: Towards Doctrinal Coherence

Unreasonable delay in prosecution is widely recognised as a mitigating factor in sentencing. Nevertheless, to date there is only scattered judicial discussion and academic literature on its doctrinal bases in Hong Kong. This article undertakes the task of exploring whether sentencing courts in Hong Kong have crystallised a coherent doctrinal basis or rationale underlying this mitigating factor. A thorough review of the case law reveals four different doctrinal bases, namely fairness, rehabilitation, public interest, and delay per se . These bases, however, rest on shaky doctrinal foundations and cannot withstand analytical scrutiny. Recognising this undesirable state of the law, this article ventures into proposing an alternative doctrinal basis for this mitigating factor, rooted in the constitutional right to be tried without undue delay enshrined in art. 87(2) of the Hong Kong Basic Law and art. 11(2)(c) of the Hong Kong Bill of Rights. This new basis, we contend, will offer the much-needed coherence to the law.

On the legal nature of the concept of «public service» in the legislation of Ukraine and in the administrative and legal doctrine

In the scientific article the author conducted a scientific review of the legislative and doctrinal foundations of the definition of «public service», the formation on this basis of its own definition of public service, its content and defining features. It is determined that the main criteria for determining public service, its separation from corporate and public services is: implementation as a result of relevant employment of persons holding relevant positions in the structures of the state and municipal sector tasks and functions of the state and local governments; regulation of the content and features of such activities by the Constitution of Ukraine and laws of Ukraine (they cannot be regulated by an act of corporate formation or public organization, and local regulation of public service is of a secondary nature). Based on the above research on the legal and doctrinal basis of the definition of «public service», the author notes that the concept of «public service» in its essence is broader than the term «civil service»: if the civil service includes administrative and specialized service , including service in law enforcement agencies and military formations, the public service additionally includes service in political, including elected positions, service in corporate formations and public formations, subject to the delegation of powers of state bodies or local self-government bodies in accordance with the provisions of the laws of Ukraine. Considering the concept of public service can be defined as a specific activity of political and administrative entities, within which the implementation of tasks and functions of a public nature, ie those concerning the rights and interests of the community - the population of the state, administrative-territorial unit, a certain social group or territorial community, which is carried out on the basis of financing the relevant activities from the state or local budget; public service, except political, carried out on a professional and politically neutral basis, its formation takes place on the basis of an administrative act of appointment or election.

Reconstructing the global human rights order in pursuit of a binding business human rights treaty in the era of decolonisation

The current global human rights order, eminently propagated in international legal instruments and statements, is to a great extent state-centric in character, bestowing obligations on states, whilst largely ignoring the conduct of non-state actors in the form of transnational corporations (TNCs) and trade governance institutions whose record of human rights adherence is scarcely convincing. This inability to aptly govern the conduct of transnational entities, even when it is evident that their power now eclipses that of states, raises the concern that the extant human rights regime is a neoliberal construct advancing market fundamentalism and widening the economic disparities between developed and developing countries. This article unsettles the doctrinal foundations underlying state centrism in international human rights law, arguing that such a version of human rights is exposing developing countries to neoliberal oligarchs, and market deficiencies, which if not reformed, may entrench underdevelopment. It calls for a decolonised human rights regime which impose human rights obligations on the conduct of transnational entities in pursuit of human dignity, equality and freedom.

Status obligations of a “flag state”: counteraction to unauthorized broadcasting from the high seas

The investigation analyzes the status obligations of a "flag state" that are related to the suppression of the illegal use of "flag ships". The purpose is to investigate the modern international legal regime of the suppression of an unauthorized transmission from the high seas and, at the same time, to prepare the doctrinal foundations for defining the complete complex of "flag State" obligations. In this regard, the subject is the international conventions that constitute the regime for the suppression of unauthorized broadcasting, which is carried out by ships on the high seas, adopted at one time by international organizations the League of Nations and the United Nations. The methodology consists of systematic and formal-legal methods, as well as methods of analysis and synthesis. The conclusions stress that States should take all appropriate measures with a view to achieving the results of the erasure. It should therefore be noted that these provisions are dedicated, inter alia, to "flag vessels" and "flag States".

Целеполагание в сфере правосудия и функциональная направленность судебной политики в период консолидации советского государственно-правового режима

he present research featured the regulatory legal acts of 1917–1920 and the doctrinal foundations of justice during the formation of the Soviet political regime. The article concentrates on the problems of goal-setting of the Soviet legal system, the system of people's courts, and the crisis legislation of the period under review. The main functions of the judiciary system included: repressions; justice represented by people's courts; legislation; accessibility of justice; total involvement of workers in judicial duties; replacement of the system of criminal penalties with measures of peer pressure, and their effective implementation. The analysis showed that the legal goal-setting was performed empirically, depending on specific historical conditions. The main functions of administrative bodies and courts were deformed because no conditions for their implementation were provided for objective or subjective reasons. Only the repressive function was fully realized during the Civil War. The constituent norms of the Soviet legislation on the court contradicted with the legal realities of the era of civil confrontation.

Formation of the legal status of the arbitration court in the jurisdictional system of the Russian Federation

The article contains a theoretical analysis of the doctrinal and legislative foundations of arbitration proceedings in the Russian Federation, as well as the legal status of the arbitration court in the system of protection of violated or disputed civil rights. The authors begin their research with a description of the existing methods of protecting rights. The arbitration court is referred by the legislator to the number of subjects exercising legal protection and is actually equated in its legal status with state courts. Despite the indisputable private law nature of the arbitration court, it has historically been and remains the only state-recognized subject of private law, whose decisions are subject to compulsory execution, if necessary. In addition, the decision of the arbitral tribunal, which has become binding on the parties to a legal conflict, is the basis for refusal to accept a statement of claim filed with a state court and containing a claim that is identical to that already considered by the arbitral tribunal. Therefore, it can be argued that arbitration is the only alternative to state legal proceedings (as opposed to mediation and all other ADRs). The difference between arbitration proceedings and mediation and other out-of-court conciliation procedures is shown. The issue of the correlation between arbitration courts and religious courts, as well as other public organizations providing services for the resolution and settlement of conflicts in the social sphere, has been analyzed. The conclusion is made about the exceptional position of arbitration courts, which do not allow attributing religious courts and other public organizations to them

Information and legal support for the transformation of the system of public power in Russia: problems and priorities

The article examines the actual problems of legal support for the transformation of the system of public authorities in the context of digitalization. The authors made an attempt to legally comprehend from the position of information law the formation of a system of public authority in accordance with the novelties introduced into the Constitution of the Russian Federation in 2020. Particular attention is paid to the issues of information and legal support in the formation of the policy of the Russian Federation, aimed at organizing public authorities, including legislative, executive and judicial authorities at different levels. An analysis of the state of legal regulation in this area indicates the need for theoretical and methodological research of an interdisciplinary nature, the development of new approaches and the development of scientific ideas about the patterns of information and legal support for the formation of a public authority system. The article substantiates the significance for the development of the information space of the Russian Federation of securing a constitutional and legal principle of the unity of the system of public authority for the Russian legal system. In this regard, emphasis is also placed on the growing role of fundamental information and legal research aimed at developing ties and ensuring interaction between bodies that are part of the multi-level system of public authority in the Russian Federation. The authors focus on the fact that in the context of the development of the information (digital) society legal support for the protection of the interests of the individual, society and the state, as well as the creation of the necessary conditions and opportunities for expanding the receipt of reliable legal information by citizens, government bodies and public associations, is of particular relevance. The strategic importance of the development of specialized digital platforms for the formation of a single information space of the public authority system in the Russian Federation is noted. The study made it possible to substantiate the conclusion that it is necessary to develop doctrinal, software-technological, regulatory and organizational foundations to solve the problems of developing a public authority system in the Russian Federation in the field of public administration, law-making, as well as developing a national system of access to legal information in the context of digital transformation.