Russian Law Research Articles

О понятии и правовых средствах обеспечения устойчивого развития городов

Introduction. The concept of sustainable development continues to receive more and more support every year, both at the international and domestic levels. The main reason for its popularity is that this concept has become a qualitatively new strategy for social development, designed to balance the environmental, economic and social interests of a citizen, business, society and the state in the interests of both present and future generations. Theoretical analysis. The movement towards sustainable development of cities within the framework of the overall strategy for achieving the SDGs is ensured by the activities of public authorities and the public to best solve the social, economic and environmental problems of settlements, improve the comfort of life of citizens through the rational use of urban resources, effective urban planning, not exceeding the assimilation potential of urban ecosystems, for the benefit of present and future generations. Results. At the moment, there is no definition of sustainable urban development in the Russian law, and therefore, there is no mechanism for implementing the tasks set in SDG No. 11, including the lack of a system of indicators in the country (social, economic, environmental and others) to assess the degree of achievement of the SDGs. Today we see only separate doctrinal and normative indicators of sustainable development of cities, reflecting only some aspects of the transition of cities to sustainable development (in terms of comfortable housing, etc.). In the scientific doctrine, the relationship between the concept of sustainable urban development and other (related) concepts of interaction between nature and society, including the concept of an eco-city and a “smart” city, is also extremely poorly studied. In this regard, the legal solution to this problem can be the development of the Concept of the transition of the Russian Federation to sustainable development, which includes a clear plan of legislative work, one of the sections of which should include measures to ensure the sustainable development of cities, as well as a number of stages of movement towards this goal and a system of indicators for evaluating these processes.

Regulation as a source of Russian law: concept and types

The article is devoted to a special kind of normative legal acts — regulations. Due to the fact that today in Russia there is a large variety of such sources of law as regulations, there is a need not only for their classification, but also for their full study as an independent source of Russian law. The article examines the essential characteristics of the regulations, based on the analysis of the features of the regulations, which are an integral part of the Russian legal system, the author’s definition of the regulations is given. The functions performed by the regulations in the mechanism of legal regulation are indicated.The whole variety of regulations in force in Russia is divided into different groups, depending on the selected classification criteria. The classification allows us to consider the specific features of certain types of regulations, which, in turn, is extremely important for understanding the legal nature of regulations as sources of Russian law.

Public and Private Interests in Modern Private Law in Russia: unity in diversity

The article analyzes the problem of understanding public and private interests at the present stage of development of public relations regulated in Russia by private law. Based on the conducted research, the author concludes that the opposition of public interest to private is unreasonable, since its carrier is a specific individual. Public and private interest in private law are a single whole in cases of high public importance, characteristic of relations related to the provision of actions at their discretion, especially in connection with the establishment of rights to things, the results of intellectual activity, the protection of personal non-property rights. At the same time, one should not underestimate the importance of private interest, the legal form of which is necessary to concretize its provision in a strictly defined sphere of public relations related to meeting the needs of one person by the actions of another, in particular, in contractual, as well as legal relations related to participation in civil law communities, including corporate ones. Such an approach to the correlation of private and public interests makes it possible to expand and clarify their understanding, highlighting civil law values and values of civil law communities, general and special civil law interests, as well as general and special interests of civil law communities, the interests of individual individuals.

The principle of good faith and its manifestations in Russian law as a means of "smart regulation"

The author examines the essence of the category "good faith" and its implementation in specific legal institutions in the context of the concept of "smart regulation". Using the example of tax and civil law, it is investigated exactly how the category "good faith" is interpreted in the scientific literature, legislation and law enforcement practice, the main aspects of its direct and indirect application are analyzed. Based on the results of this analysis, the grounds for attributing the principle of good faith to the means of "smart regulation" have been identified, the main advantages of such categorization and recommendations for optimizing the use of the principle of good faith and its main manifestation in modern domestic tax law – the "anti-rejection rule" have been identified. Conclusions are drawn that the manifestations of "smart regulation" are not always innovative and poorly studied legal institutions. Finding them among the usual, ubiquitous legal means is no less important for the most effective, accurate use of the latter. For example, a correct understanding by the judicial authorities of the role of the general grounds for challenging transactions in bankruptcy (prevention and exclusive application) leads to the formulation of legal positions on their subsidiarity, preventing the use of this tool as ubiquitous. On the other hand, the consolidation of the anti-deviation rule in the tax legislation is generally correct, but not enough: there are no specific compositions of "evasive" offenses, which normalizes the widespread use of Article 54.1 of the Tax Code of the Russian Federation and the excessive detail and significance of the explanations of the tax authorities. The key assumption of the author is that the formation of an idea of these institutions as "smart regulation" will allow them to achieve the greatest effectiveness with the least legislative and law enforcement intervention.

Деятельность Временного правительства по формированию правоохранительной системы Российского государства в 1917 году

The article reveals the historical and legal features of the formation of the Russian law enforcement system during the functioning of the Provisional Government from February to October 1917. The author’s position is presented, according to some value judgments of domestic researchers concerning the formation of the police, the Legal Conference under the Provisional Government, administrative justice and criminalization of society.

К ВОПРОСУ О ЦИФРОВИЗАЦИИ ПРАВА

In this article, the authors consider certain aspects of the impact of digitalization processes on the development of law in Russia.

Contracts in Financial Law: Concept and Features

The paper examines the need to highlight at the legislative level an independent institution of the contract in financial law. Purpose and objectives of the study: to determine how relevant for the public branches of law at the present stage of development of domestic legislation is the formation of an independent institution of contractual relations, taking into account the convergence of public and private principles. Based on a formal legal analysis of the available scientific papers on the topic of the study, a conclusion is made about the importance of introducing the legal term “financial public contract” into legal circulation. Through comparison, the author comes to the conclusion that there is a dual understanding of the contract in financial law: on the one hand, as a formalized source of law, on the other, as an individual law enforcement agreement. At the same time, the latest interpretation of the financial public contract meets modern demands in the field of achieving government objectives by attracting the private sector both as a performer and an investor. The author’s understanding of the financial public contract is formulated. Improving the legal framework is possible only on the basis of sufficient doctrinal research on this issue, taking into account the opinion of law enforcers. It is necessary to continue to form a scientific and applied justification for the independent legal regulation of contracts in the public branches of Russian law, including financial law.

Asset Partitioning in Roman Law

This article describes results of analysis of the problem of asset partitioning in Roman law. Under asset partitioning the author understands the legal technique, which consists in giving property or part of it a special legal regime, which usually manifests in the relationship with creditors (the division of property into pools of assets available to different creditors), but may also manifest outside of the relationship with creditors.
 Various forms of asset partitioning are analyzed on the example of the following institutions of Roman law: dowry, peculium, lying inheritance, fiscal, societas publicanorum, property of municipalities, property of partnerships and families, common property. The author analyses the economic and socio-political reasons for the asset partitioning in Roman law, as well as the legal constructions by which it occurred. The article compares the legal institutions of Roman law related to asset partitioning with the institutions of modern law in Russia. The article also explores the question of the relationship of property separation with more studied and widespread legal structures (legal entity and retroactive force). Particular attention is paid to the problem of a legal entity (fictitious person) in Roman law in the context of the issue of asset partitioning and limited liability.
 The article shows the influence of Roman law on the existing legal systems and provides modern examples of the use of legal asset partitioning in foreign legal systems. The author substantiates the prospects of research and use of asset partitioning as an independent legal technique.

Законодательное регулирование «фейк-ньюс» в России: в авангарде борьбы за информационную чистоту

The article dwells on Russian disinformation legislation and its evolution. The author analyses the disinformation types being prohibited by the Russian law and defines unlawful dissemination criteria of unreliable socially significant information. Moreover, the author figures out ‘fake news’ regulation purposes and conclusions, develops enhancement recommendations.

Persons who may act as attorney and grounds for impeachment of the attorney

The judicial system is called upon to ensure the resolution of conflicts in society. The results of this system depend to a large extent on the effective participation of citizens defending their personal rights and interests in specific cases. At the same time, the constant development of society requires the evolution of its most important social regulator – the law, whose changes quite naturally affect the functioning of the judicial system itself. This leads to the conclusion that a good knowledge of the ever-changing legal framework is a prerequisite for citizens’ full participation in the process. The institution of the attorney has long existed in Bulgarian criminal procedure and has been adopted from Russian law. However, it is a subject of relatively low research interest. This could be explained, on the one hand, by the fact that the attorney performs an auxiliary role in the performance of functions in criminal proceedings. Also, the participation of the attorney in the criminal proceedings in a large number of cases is related to the implementation of additional, atypical functions for the criminal proceedings – those of bringing and substantiating the civil action and its defence. However, the very fact of its invariable existence throughout the history of our criminal procedure law is indicative of its essential role in achieving the objectives of the state’s criminal policy and ensuring the public interest in this respect. The present study identifies the persons who may be attorneys under Bulgarian criminal procedure law. The grounds for dismissal of the attorney are also examined.

A Comparative Study of the Multiplicity of Causes in Civil Liability in Cyberspace in Iranian and Russian Law

One of the new manifestations of civil responsibility is the harmful behavior of a person or persons in the context of cyberspace, which ultimately leads to material and moral harm in this cyberspace. This research, which is prepared and organized in a descriptive-analytical way, the topics discussed have been centered around the answer to the question that basically, how is the civil liability for multiple reasons realized in the virtual space and what are the points of commonality and difference between the laws of Iran and the laws of Russia in this regard. The results and findings of the research in this regard confirm that in Iranian law, considering that there is no specific mechanism for the occurrence of civil liability in the virtual space, relying on the general and traditional doctrines of civil liability, with regard to the element of fault, responsibility can be held and imposed it equally or jointly on several grounds, but in Russian law, there is a separate mechanism regarding financial and moral civil responsibility in cyberspace, which due to the strict approach of this country towards cyberspace, assigns a kind of responsibility even in the assumption of no fault, it will impose civil responsibility on the perpetrator of the damage, while in the case of multiple causes, like in some other European countries such as Germany and France, joint and several liability has been given a higher price.

Право пользования товарным знаком: регулирование передачи и пробелы в действующем законодательстве

Introduction. The legislator in paragraph 1 of Art. 1490 of the Civil Code of the Russian Federation with the expression “as well as other agreements” (that is, any that are concluded in writing) has allowed all elements of the ownership of a trademark to be transferred without a license agreement. Currently, judicial practice at the level of the Supreme Court of the Russian Federation allows the transfer of the exclusive trademark right and its disposal on receipt. The Supreme Court of the Russian Federation has actually equated the conclusion of a license agreement with a receipt. The paper examines the theoretical provisions of the concept of a trademark in civil law circulation. Particular attention is paid to the existing methods of transferring a trademark. The court practice on the transfer of a trademark for use under a license agreement is analyzed, and the need for introducing legislative changes to eliminate the identified legal spaces is substantiated. The relevance of the chosen topic is due, firstly, to the dynamic development of market relations and, secondly, to the intensive digitization of procedures in many areas of legal relations. An important factor confirming the relevance of the topic is the dishonesty of others in claiming an established trademark. The identification of current trends in judicial practice and the analysis of the development of the legislation on the use of a trademark have constituted the purpose of this study. Methods. When preparing the paper, the general and special methods of scientific knowledge were used (the method of a system approach, analysis, and synthesis; the system-functional and axiomatic methods). Results. The study has analyzed the acts of the Supreme Court of the Russian Federation and the lower courts (Order of April 5, 2022, No. 305-ES21-23755; Decree of the Arbitration Court of the Volga-Vyatka District of March 31, 2021, in case No. A11-2223/2017). It is substantiated that the analysis of these acts allows for the conclusion that there are negative consequences of a broad interpretation of the norms of civil law and, as a result, the gradual introduction of precedent as a source of law in Russia. Conclusions. The authors justified the need to amend the current legislation (Clause 1 of Article 1235 of the Civil Code of the Russian Federation and Clause 1 of Article 1490 of the Civil Code of the Russian Federation). The authors have argued that the right to use a trademark cannot be transferred by a simple receipt but only by concluding a license agreement.

On the Concepts of Insolvency and Bankruptcy in Russian Law

The article is concerned with defining the boundaries of the terms "insolvency" and "bankruptcy". The author analyzed the correlation of terms, also including the history of Russian legislation, on the basis of which the features of the change in this institution to date are noted. The modern approach of the legislator to the definition of "insolvency" and "bankruptcy" seems to the author not fully justified, which includes the application of the category "bankruptcy" in Russian criminal law. Taking into account examples of foreign practice, it is proposed to legally distinguish between the categories.

Family Values in Russian Law and the Problem of Orphanhood: Past, Present and Future

Relevance. The concept of state family policy, approved by the Government of the Russian Federation until 2025, is aimed at preserving and maintaining traditional family values, respect and full support for family, childhood, motherhood and fatherhood. At the same time, the problem of orphanhood in our country, including social, is not resolved, which actualizes the conduct of scientific research and scientific discussions in this area.The purpose of the article is to form a scientific approach to the definition of family values in Russian law through the problem of orphanhood.Objectives: to trace the history of the formation of family values, to determine the main traditional family values, to form the concept of traditional family values and the forms of their legal regulationMethodology. The methodology of the research is based on the achievements of the general history and theory of law, private law and public law science, with the help of which the available theoretical and empirical data on traditional family values were systematized and an appropriate concept was built.Results. In the course of the study, the concept of family values in Russian law was formed and effective legal mechanisms aimed at consolidating traditional family values in Russian law were proposedConclusion. Family values in Russian law are undergoing transformation due to various factors, therefore, it is necessary to determine the main traditional values of the Russian family, introduce effective legal mechanisms that allow preserving traditional family values and, accordingly, the prestige of forming and creating a family. The definition, implementation and promotion of these values will be an effective method of combating orphanhood in Russia.

Pledge of movable property in Russian law in the 14th–17th centuries

Based on the study of the norms of conventional law and the text of legislative acts, including the Pskov Judicial Charter and the Council Code of 1649, the article analyzes the features of the pledge of movable property in Russian law in the 14th-17th centuries. The materials of the article can be used in the Jurisprudence major.

Соотношение понятия «экстремизм» в международном и российском праве

В данной статье рассмотрены вопросы, возникающие при изучении и анализе законодательных материалов антиэкстремистской направленности международного права и права Российской Федерации. Вы- являются и исследуются критерии разграничения понятия «экстремизм», включенные в федеральный закон «О противодействии экстремистской деятельности» и международные договоры, регулирующие борьбу с экстремистской деятельностью. Рассмотрены и раскрыты особенности законодательства Российской Федерации в части противодействия экстремизму в отношении норм международного права. This article discusses the issues arisen when studying legislative materials of the anti-extremist orientation of international and domestic law. The criteria for distinguishing the concept “extremism” included in the federal law “On countering extremist activity” and international treaties regulating the fight against extremist activity are identified and studied. The specifics of the Russian legislation in terms of countering extremism in relation to the norms of international law are considered and disclosed.

Notes on law: history and modernity (returning to some topics of the monograph “Philosophy of Law”)

The author proceeds from the conviction that modern law is in crisis, therefore, along with an analysis of the relevant challenges and problems, he discusses legally significant features of modernity. The article discusses the formation of law in ancient culture, the formation of the European tradition of law in the Middle Ages, the peculiarities of understanding law in Russia, the need to study and reform law at the present time in the transition from modern to future culture.

Anti-sanction Measures in Russian Law

Anti-sanction Measures in Russian Law

The concept and features of administrative regulations as a source of Russian law

This article is a continuation of a previously published article on administrative regulations as a type of public administration acts. The purpose of this article is to identify the features of administrative regulations as a source of Russian law. It investigates existing shortcomings in the development and adoption of administrative regulations and proposes possible ways of their elimination. The study uses both general scientific and special research methods: analysis and synthesis, induction and deduction, comparative and formal legal methods. The conducted research allows to identify the specifics of administrative regulations as sources of Russian law, to outline the place and the role of these regulatory legal acts in the legal system of Russia. The author gives the definition of administrative regulations, reflecting their most important and essential features. The article studies such negative aspects as the practice of approving administrative regulations, which are codified departmental acts, by simple acts - orders. Also, to date, administrative regulations are not subject to regulatory impact assessment, which is also recognized as a negative phenomenon. The results of the study can contribute to improving the processes of developing and adopting administrative regulations and enhancing the level of legal technology of these regulatory legal acts.

Violent Affections: Queer Sexuality, Techniques of Power, and Law in Russia by Alexander SashaKondakov. London: University College London Press, 2022. 244 pp. £20.00. ISBN 978‐1‐80008‐294‐6

The Russian ReviewEarly View BOOK REVIEW Violent Affections: Queer Sexuality, Techniques of Power, and Law in Russia by Alexander Sasha Kondakov. London: University College London Press, 2022. 244 pp. £20.00. ISBN 978-1-80008-294-6 Dan Healey, Corresponding Author Dan Healey [email protected] University of Oxford Email: [email protected]Search for more papers by this author Dan Healey, Corresponding Author Dan Healey [email protected] University of Oxford Email: [email protected]Search for more papers by this author First published: 22 June 2023 https://doi.org/10.1111/russ.12527Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL No abstract is available for this article. Early ViewOnline Version of Record before inclusion in an issue RelatedInformation