Modern Russian Law Research Articles

Иммунитет авторских прав: прошлое, настоящее, будущее

The article analyses two cases considered by the Governing Senate in 1913 with the participation of the famous novelist and playwright I.N. Potapenko, who fell into bankruptcy: 1) the case on contestation by the bankruptcy administration of the insolvent I.N. Potapenko of the contract between I.N. Potapenko and L. Marks and 2) on the recognition of V.V. Stepanov as the right holder of the plays “The Grifter” and “The Old Master”. The author reconstructs the contemporary discourse on the issue of copyright immunity, demonstrating the ambiguity of the adopted legislative decision. Based on the motives of the cases considered by the Senate, taking into account the positions of pre-revolutionary jurists and trends in the development of modern domestic copyright law, the author reflects on the need to preserve absolute copyright immunity and the possibility of its revision in modern Russian law.

Regulatory Legal Acts Pertaining to the Transplantation and Manufacture of Medical Devices from Human Organs and Tissues

The need to include specialized norms of modern Russian law in legislation governing the manufacture of medical devices from human biological material is considered on the example of normative legal acts regulating relations. A retrospective analysis of the development of legal regulation in the field of the use of human biomaterial in medicine, reveals the origins of the discussed issue. Current legislation in the Russian Federation in the field of organ and tissue donation for the purposes of transplantation and the use of human biological material for the production of medical devices is examined taking a specialized legal approach. A current lack of legal regulation in this area is revealed. While some issues associated with the use of human biomaterial for the manufacture of medical devices are fixed at the level of by-laws, the production of medical devices and biofabricated products is hindered by a lack of legal regulation in these areas of contemporary medicine. Required improvements in the legal foundations of regenerative and reconstructive medicine in the Russian Federation will involve the development of an independent federal law that includes norms and definitions for delimiting the provisions of regenerative and reconstructive medicine in related fields of medicine. As well as distinguishing between basic concepts in the fields of replacement-, regenerative- and reconstructive medicine, the definitions of these concepts must be consolidated in normative legal acts. Proposed definitions related to medical technologies and the use of human biomaterial are presented in the form of a new terminological glossary of innovative technologies involving the use of human biological material.

Проблемные вопросы унификации современного российского права

This scientific work is devoted to the most common problems of unification of modern Russian law. Unification of law is the process of bringing various normative acts into a single system that ensures their interconnection and consistency. Such unification makes it possible to create a more perfect and effective system of law, ensuring equality before the law and protection of the rights and freedoms of citizens. However, despite significant progress in this direction, a number of problems still exist and require further improvement.

GENESIS AND DEVELOPMENT OF THE PROCESS OF CONSOLIDATION AND REALIZATION OF INSOLVENCY (BANKRUPTCY) PRINCIPLES IN RUSSIAN LAW

The article provides a scientific analysis of the formation and implementation of the principles of insolvency (bankruptcy) in the recent history of Russia. The authors show the continuity of modern Russian law and pre-revolutionary legislation, for example, «Russian Pravda». For the Soviet economy the financial efficiency of enterprises and organizations did not play any importance, the production of goods, works and services was in the foreground. The Decisions of the Constitutional Court of the Russian Federation established that Russia is «a state... with a socially-oriented market economy». The purpose of the article is the development of new approaches to understanding the basic structure of legal support of the institute of insolvency (bankruptcy). The work used general scientific methods of research: systemic, functional, system-structural. The authors successfully applied private-scientific: cultural, historical, sociological, statistical methods of research. The authors also involved special methods: comparative-legal and formal-legal method of research in jurisprudence. The article characterizes the new principles of insolvency (bankruptcy), the development of which is expected in the near future.

Положение пережившего супруга при наследовании прав, связанных с участием в коммерческой корпорации

The article examines the theoretical and practical problems of the position of the surviving spouse in the succession of rights related to participation in a commercial corporation. The author analyses the content of the status of the surviving spouse, the peculiarities of the exercise of his rights in the event of the death of the participant (member) of a commercial corporation. The article analyzes the jurisprudence on the succession of corporate rights by the surviving spouse. The author concludes that it is necessary to use the tools of hereditary planning and emphasizes the high importance of family entrepreneurship in modern Russian law.

Некоторые правовые проблемы банкротства умершего гражданина

The institution of bankruptcy of citizens is very popular in modern economic conditions. Its purpose is to free citizens from the burden of back-breaking payments and to establish certainty in relations between citizens, organizations and fi nancial authorities. Since the introduction of this legal institution into Russian legislation, it has been developing very intensively, being the most actively reformed in modern Russian law. The dynamic development of this legal institution generates a signifi cant number of problems in its application. All this requires improving legal regulation and streamlining the enforcement of existing norms. One of the problems that arise in practice are situations where a person against whom a bankruptcy case has been initiated dies before the end of the process or is initiated after his death or declaration of his death, since he has obligations left on the basis of which it is necessary to initiate bankruptcy proceedings. The article deals with problematic issues of theory and practice related to the bankruptcy of a citizen who died after the opening of bankruptcy proceedings or the initiation of bankruptcy proceedings after his death or declaration of his death.

Socio-legal nature of drug-related crimes in modern international and Russian law

The high level of drug addiction in modern society requires the Russian Federation and the international community to coordinate measures aimed at countering the illicit trafficking of narcotic drugs and similar substances, for which it is important to develop unified approaches to determining the socio-legal nature of drug crimes. It has been established that in order to understand the social and legal essence of drug crimes, a systematic analysis of the nature and degree of their social danger is necessary, which, first of all, is associated with the object (including the subject) and the objective side of drug crimes. It is shown that, unlike the national criminal legal system, in international law there is no special indication of the object of criminal acts. In addition, international anti-drug law does not provide for the division of objects of crimes «vertically». It is possible to draw a conclusion about the content of the object of these encroachments in international law based on the text of the preambles of the relevant international legal sources. It has been proven that the main object of drug crimes under international law should be recognized as «human health». It has been established that Russian criminal legislation provides for a much wider list of subjects of drug crimes than in international law, both in terms of the number of narcotic drugs and the number of psychotropic substances. To effectively combat illicit trafficking in narcotic drugs and similar substances, it seems advisable to provide in international law for the offenses of theft and extortion of narcotic drugs and psychotropic substances, as well as violations of the rules for the circulation of narcotic drugs and similar substances, since the conventions do not contain analogues in the list of punishable acts this crime, which leads to gaps in international legal regulation. It is concluded that in order to effectively combat illicit trafficking in narcotic drugs and similar substances, it is necessary to fully harmonize the approaches of international law and domestic criminal legislation in this area.

Рынок недвижимого имущества: общая характеристика, новые объекты недвижимости, круг субъектов посреднической деятельности

The relevance of the issues under consideration is conditioned by the insufficient definition in modern Russian law of both the actively updated list of real estate objects and the range of subjects of intermediary activities in the real estate market and their legal status. The aim of the study is to identify new objects of real estate and their characteristics, as well as to study actual problems of legal regulation of the activities of entities of media-tion activity in the context of the use of digital technologies. The methods of studying the issues of the topic are formal legal analysis and synthesis, elements of comparative jurisprudence. The article identifies current trends in the development of the real estate market and intermediary services under the influence of digital technologies and other factors, examines new real estate objects, problems of the legal status of realtors, spe-cialists and real estate brokers. The direct dependence of the segment of intermediary services on the pace and completeness of realization of information technology capabilities in the conditions of digital revolution and increased competition in this market is revealed.

On the Methodology of Modern Russian Law

An analysis of modern Russian literature made it possible to identify two equally negative tendencies in the methodology of jurisprudence. The first is that legal scholars pay little attention to methodology; the second is in attempts to introduce new methods into the methodology that are not used in practice.

Judicial defense of fathers’ rights

This article is devoted to one of the most relevant topics in modern Russian law, namely the legal judicial protection of the institution of paternity. The relevance of the article is primarily due to the presence of legal problems in the field of protecting the rights and interests of fathers. The author focuses on the fact that at present the number of family cases considered by the courts is growing rapidly, as evidenced by official statistics. However, there are a large number of violations of the rights and interests of fathers, including in the framework of legal proceedings. The purpose of the article is to identify and explore the problems associated with the protection of paternal rights in court proceedings. The author analyzes a number of legal positions of the Constitutional Court of the Russian Federation. Based on the analysis of law enforcement practice, the author concludes that there are emerging trends in the field of reforming the current Russian legislation, in addition, the importance and expediency of such reform is emphasized. The author used general scientific (dialectical, methods of analysis, synthesis) and private scientific methods (formal legal). The article concludes that certain provisions of domestic legislation in the field of protecting the rights and interests of fathers need to be improved. The author suggests his own ways of improving the current legislation in the area under consideration. It is possible to apply this scientific research in practice in order to change the legislation governing aspects of relations for the protection of paternal rights. The findings of this study will be of interest to specialists in the field of civil and family law.

Financial-Legal Regulation in Emergency Situations: General-Legal and Branch Law Dilemmas

For modern Russian law as a whole and financial law as its branch structure, legal studies of the formation of legal regulation regimes in conditions of extraordinary, unforeseen, unpredictable development of events and relations are of particular relevance. In this regard, the purpose of the article was to study the prospects for the formation of special financial and legal regimes in emergencies in various spheres of public relations, as well as in the financial sphere itself. In the course of the work, formal-logical, concrete-historical, structural-functional and other methods were used; general legal approaches to understanding emergency situations and the formation of special legal regimes in this regard were analyzed. Conclusion: The systematization of emergency situations for the purposes of financial-legal regulation, differentiation of financial-legal regimes into ordinary, preventive, and emergency as modifications of the general-legal regime of financial law, the special purpose of the introduction of which is to stabilize the financial system of the state, ensuring its stability by preventing, suppressing emergencies that have arisen in the financial sphere, and elimination of their consequences through the temporary establishment of additional restrictions and (or) advantages for subjects of financial relations, introduced if there are grounds and in accordance with the procedure provided for in the legislation. The features of financial-legal regulation in emergency situations are considered.

Formation and development of branches of law in the historical and modern legal reality of Russia: in 12 vols. Vol. VIII Administrative Law in the system of modern Russian law / ed. by R.L. Khachaturov, A.P. Shergin

The review analyzes the content of the collective monograph “Administrative Law in the system of modern Russian law”, which examined the theoretical, methodological and applied problems of modern Administrative Law. It is emphasized that the book under review, on the one hand, acts as a kind of guide to various issues of Administrative Law, and on the other hand - is a systematic fundamental scientific research of industry nature. It is concluded that there are three types of chapters in the monograph: first, these are the classical chapters (subject of Administrative Law, administrative legal relationship, administrative enforcement, etc.); secondly, these are new chapters prompted to the authors by the ongoing changes in modern realities; thirdly, these are classic discussion topics. It is noted that the work under review is relevant, scientific, systematic, therefore it will take its rightful place in the library of modern scientific works on Administrative Law.

The problem of the legal status of state bodies: the history of civil thought

The State has been a participant in economic relations since immemorial times, but it has always been expressed through a system of its organs and organizations. The modern problem of the legal status of state bodies remains relevant even after the extreme reform of civil legislation, since many aspects of such a status remain unclear to the science of civil law. One of the reasons is that the issue is at the intersection of private and public law. The author, using the comparative historical method of research, on the basis of a systematic approach, tries to establish the continuity of approaches to determining the civil status of state bodies at different stages of the development of the state and law. Thus, the author comes to the conclusion that the pre-revolutionary and Soviet stage of the development of civili law thought is characterized by the consideration of state bodies as integral parts of the entire state, in which they play the role of representatives of the latter. At the same time, with the justification in Soviet law of the formal separation of the property of state bodies from the treasury in the civil legislation of the early stage of modern Russian law, individual state bodies are given the independent status of legal entities. However, this trend is not caused either historically or formally legally. As the author shows, it is caused by an attempt to shift the Soviet system of management of socialist property to the modern conditions of a free economy, when the state acts as an equal participant in the market. In conclusion of his research, the author comes to the conclusion that the problem of the participation of state bodies in civil legal relations is rather characteristic of the modern stage of the development of civil law and is due to the desire to limit the civil liability of the state for the actions of its bodies.

Наказание в виде штрафа по уголовному законодательству России и Монголии: истоки и современность

The article touches upon certain historical aspects of criminal punishment in the form of a fine. The content of similar and distinctive features of a fine in the modern Russian criminal law, in comparison with the criminal law of Mongolia, is revealed. The positive and negative aspects existing in the mechanisms for the appointment and execution of a fine are noted, statistical information on the practice of its execution is provided, a comparison of the minimum and maximum limits of a fine in the norms of General Parts and sanctions of Special parts of the Criminal Code of the Russian Federation and the Criminal Code of Mongolia is presented.

К ВОПРОСУ ОБ ОТСУТСТВИИ В РОССИИ ГОСУДАРСТВЕННОЙ ИДЕОЛОГИИ

Introduction: the article deals with the constitutional formula officially denying the presence of state ideology in Russia. Purpose: to investigate the issue of the absence of state ideology in Russia de jure and de facto; to identify the typology of modern Russian society, state, and law, the reasons for the absence of their essential characteristics in the Constitution of the Russian Federation. Methodology: the research is based on the fundamental principles of scientific philosophy – the principle of objectivity, the principle of development (historicism), the principle of universal interconnection, the principle of determinism, the principle of inconsistency, as well as general scientific methods of analysis and synthesis, induction and deduction. Results: the Constitution of the Russian Federation was adopted in the context of a deep socio-economic and political crisis and a split of the Russian political elite into irreconcilable groups that offered different ways of getting the country out of the crisis and different historical prospects for Russia. The new liberal elite, having defeated its political opponents in political and armed conflict, organized drafting and adoption of the Constitution of the Russian Federation in a short time in order to give legitimacy to the reforms planned. The liberal elite avoided ideologically and politically loaded vocabulary in their public speeches not to scare off the population when adopting the Constitution and carrying out reforms which were to result in the radical change of the type of society, state, and law. The same approach was used when developing the Constitution. The basic law of the country was created and adopted after the Cold War, when Russia found itself on the periphery of the world history and turned into an object of global neoliberal capital policy. The above factors determined the character, the design, and the contents of the Constitution of the Russian Federation. Conclusions: the Constitution was adopted in specific socio-economic and political conditions. It helped to avoid a disastrous civil war and to carry out economic and social reforms corresponding to the interests of the new elite of Russia and their western curators. As a result of the reforms, Russia was introduced into the economic, political, and cultural space of the global neoliberal capitalism managed from Washington. The country has actually lost its sovereignty and subjectivity. Modern Russia, unlike the Russia of the 90s, has ceased to be exclusively an object of global neoliberal capital. As a great power, Russia is bound to have its own state ideology that would express its national interests, fundamental needs, meaningful values, and a geopolitical strategy that would determine its historical prospects.

On the issue of trends in the development of modern Russian law

On the issue of trends in the development of modern Russian law

The place of legal custom in the system of sources of modern Russian law

Суть статьи состоит в исследовании сущности правового обычая, его разновидностей, места в системе источников современного российского права, а также выделении особенностей правового обычая в правовой системе Российской Федерации.

Legal Definition of Irresistible Force in the Civil Law of Russia and China

The research focus is on concept of force majeure and irresistible force as a reason to release the parties from liability for failure to perform civil obligations. The authors examine theoretical concept and legal definition of “irresistible force” and its characteristics based on legislation, legal literature and judicial practice of the Russian Federation and the People’s Republic of China. Also, the authors analyze the civil law jurisdictions on irresistible force, relatively to its ambiguity and situation with the spread of the new coronavirus infection (COVID-19) and come to the conclusion that courts in each specific case should establish irresistible force circumstances. The work uses a linguistic (philological) method, in particular, the method of distributive analysis of the terms “irresistible force” and “force majeure.” The article shows that in modern Russian law the expression “irresistible force circumstances” has more efficient terminological potential. The authors propose implementation of “irresistible force circumstances” concept in the Russian Civil Code, which would more accurately reflect the essence of this concept.

«LAW OF ARTIFICIAL INTELLIGENCE» AND ITS PLACE IN THE SYSTEM OF INFORMATION LAW

The paper is devoted to contemporary problems of legal support for the development, introduction and use of artificial intelligence and robotics systems as one of the vectors of the development of Russian information law. The purpose of the study is to The aim of the study is to gain scientific insight into the place of a set of legal norms governing relations associated with this digital technology in the system of modern Russian law. In the course of the study, a group of interrelated methods is used, the choice of which is determined by the subject of scientific work, including system analysis, generalization, and the formal-logical method. As a result of the study, it is concluded that at present there are objective conditions and the need to establish a complex legal institution – the law of artificial intelligence in the information law system. The paper substantiates the complex nature of this institution and notes that the law of artificial intelligence, being a complex formation, is associated with a group of legal institutions of information law – institutions of personal data, information of limited access, Internet law, identification, responsibility in the information sphere and others.

Методологические особенности исследования интересов субъектов права собственности

Introduction: the problem of identifying the features of studying the interests of the subjects of property rights is of great methodological importance. The question of what are the specifics of the study of a particular scientific problem is the key one that sets the beginning of the entire process of scientific knowledge. The purpose of the study: to identify the features of studying the legal institute of the interests of the subjects of property rights. Methods: the research involved both general methods of scientific knowledge and private law methods, namely, formal legal, the method of interpretation of legal norms, comparative legal analysis. Results: the problems of the interests of the subjects of property rights were studied from different conceptual and methodological positions. Along with the applied and theoretical level, a theoretical and cognitive approach to the study of the interests of property rights subjects is proposed. Special attention is focused on the development of linguistichermeneutical and anthropological components of the modern methodology of cognition. The opinion on the need to take into account these trends in the study of the problems of interests of subjects of various forms of ownership is justified. Conclusions: the features of studying the interests of the subjects of property rights are that highlighting the applied and theoretical levels, it is advisable to focus on the actual theoretical and cognitive core of the study of this legal institute, on the positioning of the content, features of the legal vision, understanding of the legal reality. The models and mechanisms for the realization of the interests of owners in modern Russian law should be studied from a philosophical and sociological perspective, as well as from the perspective of the development of modern theoretical jurisprudence. One of the current trends in the field under study is the strengthening of the role of linguistic and anthropological components in studying the interests of subjects of private, state, and other forms of property. These developing areas of the methodology of knowledge of law open up new opportunities for the interpretation and understanding of legal texts and legal vocabulary.