Russian Doctrine Research Articles

The method of Veniamin Fedorovich Yakovlev

The article is devoted to the main work of the Soviet and Russian statesman, legal scholar, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the RSFSR Veniamin Fedorovich Yakovlev. This work is the only monographic study of the method of Civil Law in the Russian literature. The article presents the key positions of V. F. Yakovlev’s research on the method of Civil Law and their perception in the Russian doctrine: the connection with the subject of Civil Law, the disclosure of its main feature – the right of ownership, as well as dispositivity. Another distinctive feature of the civil law method is the legal initiative, which is used by civil law as a driving principle in the formation and development of civil legal relations. It is emphasized that V. F. Yakovlev also paid attention to the consideration of the legal equality of subjects as a feature of Civil Law, described in detail the specifics of coercion, sanctions and responsibility in Civil Law, taking into account the specifics of the method of civil law regulation of public relations.

Модели принудительного исполнения административных актов

Administrative bodies, when making a decision on a certain issue, adopt an adinistrative act. However, its enforcement may encounter problems when an individual is unwilling to voluntarily comply with its requirements, even under the threat of sanctions. As a general rule, Russian legislation does not recognise administrative act as an executive document per se. Hence, the purpose of the study is the search for models and means of ensuring the execution of administrative acts in the shortest possible time without significant costs. In continental law, there are two approaches to determining the rules to enforce administrative acts execution. The first is the French approach. It is based on the fact that enforcement is ensured by measures of responsibility. In case of refusal or evasion by a person, the administrative body must go to court to obtain an executive document and subsequently initiate enforcement proceedings. The German approach recognises administrative acts as the force power for an executive document. Under these conditions, the administrative body can avoid the judicial stage. However, as French judicial practice shows, compulsory execution of an administrative act is possible without involving the judicial system in this process. These are cases of urgent or exceptional circumstances (any disaster or military action). Therefore, Russian doctrine and practice can pay attention to the French approach. This will ensure the achievement of legitimate goals without significantly complicating procedures and will maintain law and order.

Fragmentation of Application of the Personal Law of a Legal Entity in the light of the Amended Law on International Companies

The new version of Federal Law No. 290‑FZ dated 03.08.2018 «On International Companies and International Foundations» adopted in August 2023 confirms the relevance of finding ways to regulate companies incorporated in the Russian Federation. The domestic approach has no analogues because under the Russian doctrine a foreign company can move not only with its rights and obligations, but also with its corporate law. Is it possible to call the foreign law applicable in this way a personal law? Why does the law on international companies not follow the logic of the Civil Code of the Russian Federation and does not directly indicate the application of foreign law to international companies and international foundations as a personal law? Can a foreign law partially encroach on the territory of the application of personal law? Is the personal law uniform and indivisible? To answer these questions, the paper analyzes the key characteristics, as well as the novelties of the institute of personal law in relation to international companies, problems arising in this area and ways to solve them. The author concludes that with the globalization of corporate relations, the fragmentation of the scope of personal law will continue. This actualizes the problem of finding mechanisms for the «seamless» application of the norms of different states in the field of application of personal law. The author emphasizes that legislation on international companies can become a regulatory sandbox and contribute to the inclusion of the most modern and effective institutions and approaches in Russian corporate law. Proposed in the paper amendments to the Civil Code of the Russian Federation and Law No. 290‑FZ preserve the logic of current regulation and reduce the uncertainty of regulation in the field of application of the personal law of an international company, the risks of subsequent changes in legislation for participants in international companies, as well as the likelihood of conflicts in the case of reference to foreign law.

Правовая природа публичной власти: доктрина и закон

The constitutional reform of 2020 made it relevant to develop a doctrinal and legal description of public power. The existing interpretations of its legal nature are often different, even mutually exclusive. This situation makes it necessary to expand the methodological foundations behind the theoretical model of public power. The author identified public power based on the differences in philosophy, management theory, political science, and sociology, on the one hand, and constitutional studies, on the other. The hypothesis of the cyclical development of constitutional law, both as a branch of law and as a science, made it possible to reconstruct the ideas of public power in the Russian doctrine of constitutional law at the turn of the XIX–XX centuries. These ideas proved systematic and logically complete because they interpreted public power as a special subjective right implemented by the community. The concepts of public power in the national constitutional studies demonstrated continuity, especially against V. E. Chirkin’s collectivist theory of public power. However, the importance of public understanding of the legal nature of public power remains underestimated. This flaw is also typical of the latest theoretical models of public power, which were affected by the constitutional reform of 2020, as demonstrated by some recent federal laws.

Особенности применения AFC-теста при установлении переработки и небуквального копирования программ для ЭВМ

A key feature of the protection of works in copyright is the principle of protection of the form of the work and the refusal to protect the idea. This approach gives rise to the doctrine of the dichotomy of the idea and expression dichotomy, the task of which is to distinguish the protected form from the unprotected idea when nonliteral copying and creating derivative works. The solution of this problem determines the method of establishing the fact of illegal creation of a derivative work, and the qualification of illegal processing of the work. In order to qualify actions that are the elaboration of computer programs, the judicial practice of courts of common law jurisdictions has developed a special method for detecting processing. This method is called the AFC Test, which consists in analyzing the elements of computer programs and delineating protected elements and comparing the remaining elements for their creative independence. There are practically no works devoted to the study of this method in the Russian doctrine. In the article, the author analyzes the peculiarities of the AFC Test application existing in the practice of domestic and foreign courts and comes to the conclusion that this method is a fairly effective tool for resolving disputes related to the processing of computer programs.

Dehybridization of the General Competence of the Jurisdictional Bodies

In this article, I have analyzed the criteria for delimiting the powers of jurisdictional bodies in the settlement of civil cases, which I have argued are also criteria that prevent the hybridization of these attributions. We presented the danger of the phenomenon of hybridization for the normal functioning of judicial bodies and gave solutions to minimize it in the legislative system. We analyzed the hybridization within the regulations on general jurisdiction, which delimit the powers of several jurisdictional bodies, such as: courts of law, arbitration, the Constitutional Court and others. The legal normative basis is the legislation of the Republic of Moldova. In order to highlight the practical issues, the judicial and constitutional practice of the Republic of Moldova was analyzed. The methodology applied in the development of this article was comparison and analysis. In order to formulate fundamentally multifaceted opinions, we started from the French, Moldavian and Russian doctrine. In some of these sources, certain ideas regarding the dehybridization of powers of jurisdiction are developed, and we have supplemented them. Finally, a synthesis was made starting from all the criteria for dehybridization of the powers of jurisdictional bodies.

Scientific heritage of E. I. Kozlova and its importance for the development of the Russian doctrine of public authority

The article is dedicated to analyzing the research activities of Ekaterina Ivanovna Kozlova in the context of contemporary challenges in constitutional law and the formation process of the domestic doctrine of public power. The article conducts a profound examination of E. I. Kozlova’s scientific legacy, addressing issues relating to popular sovereignty, patterns of forming the people’s will, as well as the characteristics of the representative nature of state bodies, municipal, and public representation. As a result of the analysis, key features of the constitutional structure of public power were identified, including shifts in the balance between general and detailed regulations when establishing the fundamentals of societal organization and the core values of society. Conclusions were drawn regarding the potential for further detailed elaboration and clarification of constitutional norms pertaining to the category of “public power”. These findings underscore the importance of continuing research in the field of constitutional law and advancing the understanding of public power within the context of contemporary challenges and the needs of Russian society.

The meaning of the right to be heard for legal communication in the civil procedure

To the relationship between the court and the parties is used the approach as to a communication, which allowed to identify the procedural formalities as a mechanism to ensure the rights of the party in judicial communication and justify the idea of the right to be heard as a fundamental provision of modern Russian civil procedural law. Recognized in the Russian doctrine of civil procedure law components of the right to be heard and to be heard by the court proposed to consider as corresponding to the two essentials for procedural law elements in the structure of communication — transmission of a message that has a meaning for the subjects of communication, and the intent of the sender of the message to induce his recipient to take a certain action. The manifestation of the main condition of communication — mutual recognition by the subjects of communication — in the content of the principle to be heard and heard by the court was found. The significance of the motives of judicial decision as a condition for the effectiveness of one of the elements of the structure of judicial communication is substantiated.

Legal Force of an Administrative Act: The Problem of Definition

The legal force of an administrative act determines its validity, affects the powers of an administrative body that adopted this act to change or cancel it, and the legal force makes the act binding on every administrative authority and every person interested in this act. This term has not yet been fully studied and is absent from Russian legislation. There are some questions about the implementation of the theory of the substantive and formal legal force of an administrative act into the doctrine. There are also problems of the relationship between the legal force of the original act and the act derived from it. It is necessary to clarify the possibility of using administrative discretion when resolving issues of the legal force of administrative acts. To research legal force of an administrative act, traditional methods of legal study were used, especially the historical-law method and the comparative law method, which are of great importance for this article. They have allowed to find Russian tradition, which has to be used to develop the doctrine of legal force of an administrative act, and the main foreign legal research on this subject could be compared with Russian thought and common features were discovered that could also be used to improve the Russian doctrine. As a result, the terms substantive and formal legal force should be returned to the Russian legal vocabulary, since they were used to describe legal force in our legal tradition. Interesting results can be obtained by comparing judgements and administrative acts, and the specificity of administrative acts will be emphasized. This way allows to apply some legal constructions characteristic of a judicial theory well developed in practice, including the “Roman basis” of the legal force of an administrative act. The division of administrative acts into void and voidable will make it possible to clarify ideas about their legal force, as well as the powers of authorities to amend or cancel such acts. The scope of administrative discretion when deciding questions of the validity of void and voidable acts will also vary.

“Grant Us the Spirit of Solidarity”: Social Traditionalism as a Task

The article highlights The Ideology of Social Traditionalism (Social Tradition), the scientifi c manifesto by Professor Alexander Shchipkov, in the context of the history of Russian religious and so- cial thought. The Fundamentals of the Social Concept of the Russian Orthodox Church (2000), The Russian Doctrine (2005), the fourth political theory developed in a number of papers by Alexander Dugin, as well as the study “Empire” (2022) by Konstantin Malofeev repre- sent the ideological model of social traditionalism as an adaptation of the socio-eschatological concept “Moscow, the Third Rome” to the modern socio-political reality. Social traditionalism is represented as a successful ideological experience of removing the historical an- tinomies of the Russian statehood in order to organically build its continuity originating not only from the Soviet Union, but also from the Russian Empire and the Muscovite Kingdom. The synthesis of socialist ideas in the economy (and — even more broadly — the ideas of social justice) and Christian conservative value paradigms is not an innovation, the article says. To prove its statement, it uses the example of Catholic solidarism among others. At the same time, the social-traditionalist ideological construction by Professor Alexander Shchipkov is seen as one of the most successful, philosophically re- fl ected and doctrinally formalized documents. Despite the existing conceptual contradictions, which are inevitable in conditions when many defi nitions in the scientifi c manifesto The Ideology of Social Traditionalism (Social Tradition) acquire new content, and the author of the manifesto proposes a number of neologisms being his own terminology. The article also gives an independent example of activi- ties performed by the international public organization World Russian People’s Council, one of the Deputy Heads of which is Alexander Shchipkov. Among today’s key tasks of the World Russian People’s Council is the comprehension and formulation of the Russian sover- eign ideology, which would be based on Orthodoxy. At this stage, this ideology remains “a task rather than a givenness”, including for the experts of the World Russian People’s Council, whose activity is coordinated, among others, by Professor Shchipkov. And the scien- tifi c manifesto The Ideology of Social Traditionalism (Social Tradition) is seen as important prolegomenon to this ideology.

Theory of Administrative Discretion: the Stages of Formation

Administrative discretion is an important construction of modern administrative law, the formation of which in many respects can be viewed as a “struggle” to limit the discretionary powers of the subjects of state administration. It is well known that good governance would be impossible without administrative discretion. There are four stages in the development of the modern theory of administrative discretion and each stage was devoted to one aspect of this one but these stages did not coincide chronologically and developed in parallel. They had a different methodology, which was used by the founders and followers of the approaches prevailing at each stage. The first stage started in France and formed by the 18th century. This related to the concept of prudent governance exercised prudent officials who were ruled by enlightened monarch. Their decisions were not reviewed by the courts. The principle of reasonable is the modern result of this stage – an absolutely unreasonable administrative act is null and void. The second stage developed in parallel with the first one but formed by the 19th century. Administrative discretion was formed as legal concept on this stage, and it was presented as free discretion, which also could not be a subject to judicial review. The third stage, characterized by competition between administrative justice and free discretion, took place at the end of the 19th and the middle of the 20th. Judicial possibilities for reviewing discretionary acts gradually expanded, criteria for evaluating such acts were created. These criteria were incorporated into the laws and legal judicial positions after the fourth stage began. The creative side of discretion has become a very important part of this legal construction, administrative discretion at this stage is defined as a way of laws concretizing. Nowadays, the third and fourth stages are developing in parallel in Russia. It should be noted that the Russian administrative law doctrine was formed as a common doctrine Civil Law system. Russian authors always used the methodology of Civil Law system, developed it, but they paid attention to the specifics of our administrative law, our governing and historical development. Nevertheless, Russian doctrine needs more research in order to create more legally formalized administrative discretion. As a result, the legislature and courts should receive academic decisions suitable for implementation.

Continuing the Discussion on Administrative Discretion

The article continues the discussion on the topical issue of administrative discretion for Russian administrative-legal theory and legal practice, organized by the editors of the journal “Siberian Law Review” on the pages of two previous issues of the journal with the participation of P. P. Serkov and Yu. P. Solovey. The Author focuses on the state of the modern domestic doctrine of administrative discretion, the contribution of Russian legal scholars to its development, the need and possibility (including criteria and limits) of delimiting administrative discretion from other types of discretion. It is proved that the Russian jurisprudence demonstrates, contrary to the assertions of some experts, not confusion in the face of the problematic category of discretion, but ontological and methodological certainty, although sometimes reaching extremes. At the same time, there is no single Russian doctrine of discretion, there are many such doctrines, and some scholars have the right to claim that specific doctrines are associated with their names. The Author draws attention to the fact that discretion in general and administrative discretion in particular are interdisciplinary (interscientific) categories, so they must first of all be rid of the semantic and meaningful “layers” of other sciences. The sooner a pure theory of discretion appears, the more mistakes and risks will be insured against by legal science and law enforcement practice. In order to avoid terminological confusion and preserve the subject matter of the study, it is absolutely important to distinguishfour concepts: 1) administrative discretion; 2) judicial control over administrative discretion; 3) judicial discretion; 4) judicial discretion in the exercise of judicial control over administrative discretion. These concepts have a certain connection with each other, however, they designate different (partly even by their branch affiliation) categories, phenomena, processes and institutions. As a conclusion, it is indicated that the motives of each discretionary decision of the public administration must sooner or later (better sooner than later) be made public. To make this a reality, legal science needs to develop and offer effective legal guarantees for ensuring the rights of citizens and their associations when public authorities exercise their discretionary powers.

The Antarctic Stations Status in the Context of Antarctica's Frozen Territorial Claims of the States Parties to the Antarctic Treaty and Applicable National Legislation

The paper analyzes the Russian doctrine of international law and gives a critical assessment of its state, because the problems of Antarctica traditionally belong to international maritime law. However, the author defines the concept of international Antarctic law as an intersectoral international legal institution with a certain independence within the framework of international territorial law. It is noted that the problems of Antarctica have gone beyond the cognitive interest of the academic community, moving into the context of a clash of geopolitical interests among states, which caused the attempts of five states to establish their sovereignty by means of sectoral division. The Antarctic Treaty of 1959 established a notification procedure for the establishment of Antarctic stations, the modern administrative regime is provided by the activities of institutional mechanisms. With about 100 Antarctic stations and bases opened by States, their international legal status remains uncertain. The problem has acquired particular importance because Russian stations are located in the sectors of territorial claims, which generates competitive processes. By concluding bilateral agreements with States that have put forward territorial claims, it is possible to partially neutralize the competition of jurisdictions in certain areas of cooperation. In the documents adopted by the Antarctic Treaty Consultative Meetings (ATC), attention is paid only to the problems of the station placement and issues of their verification during inspection activities. In order to fill the gap, the author proposed the definition of the Antarctic station as a legal enclave of the State, which is subject to the exclusive jurisdiction of the founding State and establishes immunity from the jurisdiction of other states. The maintenance and development of Russia’s presence in Antarctica is ensured by Russian Antarctic legislation. In order to develop the Russian expeditionary infrastructure (including Antarctic stations and field bases), it is important to develop and adopt a regulation on the status of the Russian Antarctic station, in connection with which measures to improve legislation are proposed.

Principles of Integrative Criminological Knowledge in Foreign and Russian Doctrine

The article reveals questions about the inclusion of integrative processes of criminology in the general context of the development of science. Integration is represented by a natural, logical process of interpretation of scientific knowledge, based on complementary postulates – a focus on increasing the efficiency of science and at the same time on the specifics of the development of modern society. In the new context of the development of the post-classical stage of science with its polyparadigmality and the formation of metatheories, there was a request for the development of a qualitatively different integrative paradigm in criminology. The purpose of the article is to reveal the nature of the integrative ties of criminology in the conditions of the transformational processes of science and society at the postmodern stage with the formation of other laws of its subject-methodological aspects. The integrative potential of Russian criminology is associated today with the development of approaches to combining anti-crime theories and practices into a single holistic theory, the discovery of new connections and relations between the components of the system, including through the methodology of synergistic and holistic approaches. Modern Russian postmodern criminology, based on the integrative processes of science, has received impetus and is developing in a number of local areas of research, however, even today there are no conceptual and methodological decisions on the further development of its integration ties and without the support of an appropriate development methodology. Foreign criminology is characterized by a progressive integration approach, which is a natural stage in the development of its integration ties in the new paradigm conditions of postmodern.

Russia's new nuclear doctrine. Russian policy of deterrence.

ObjectivesThe main purpose of the article is to address the issues arising from the new nuclear doctrine of Russia. An attempt to analyze the document is "Russia's Nuclear Doctrine" as a new tool for the Russian Federation's nuclear deterrent policy. The performance changes over the years in Russia's approach to the use of nuclear weapons in the new doctrine in the times of the Soviet Union in global terms, as well as in the micro-region of Central Europe, especially during the war in Ukraine.MethodsThe article is theoretical and descriptive. The main research methods and techniques included in the work are: analysis and synthesis of literature; comparative method; inductive and deductive method.ResultsAn attempt was made to analyze the document "Russia's Nuclear Doctrine" as a new tool for the Russian Federation's nuclear deterrent policy. A presentation of how Russia's approach to the use of nuclear weapons has changed over the years.ConclusionsThe Russian approach to nuclear deterrent policy is changing and is often used as flexibly as Russia's policy towards the West is forged in a given situation - to build its own political interests. All this is very efficiently and sophisticatedly applied in society by means of propaganda and media controlled by the authorities, with which the rulers manipulate public opinion. According to the decree, the threshold for Russia's use of nuclear weapons remains unchanged and is relatively high. The essence of the Russian doctrine is the uncertainty of a potential adversary as to when it will be used.

ПРАВО НА ОХРАНУ ЗДОРОВЬЯ И МЕДИЦИНСКУЮ ПОМОЩЬ: КОНСТИТУЦИОННЫЕ ОСНОВЫ ПРАВОВОГО РЕГУЛИРОВАНИЯ В ЗАРУБЕЖНЫХ ГОСУДАРСТВАХ

The article is devoted to research on the constitutional basis of legal regulation of the right to health and health care in foreign countries of Europe, Asia, South and North America based on the analysis of the constitutions of foreign states has been conducted. The Russian doctrine and foreign experience regarding the methodology and content of the relevant legal impact in the field of healthcare are included. Subjective competencies in the field of health care are investigated, the same standards that have received constitutional recognition in most foreign countries are identified.

FEATURES OF THE PERCEPTION OF ANGLO-AMERICAN LEGAL POSITIVISM IN RUSSIAN SCIENCE

The Anglo-American legal doctrine is traditionally perceived by Russian science as an alternative system of knowledge of law, born in fundamentally different conditions ofthe Anglo-Saxon legal family. In recent years, however, interest in the Anglo-American legal thought has increased considerably,but it is still perceived in a tendentious manner. This is especially noticeable with regard to legal positivism, close to the Russian legal doctrine. Theelimination of such bias and the clarification ofthe understanding of Anglo-American legal positivism could significantly enrich Russian science and expandthe field of scientific discussion in the ground of legal understanding. Purpose: to identify the features ofthe perception and interpretation errors ofAnglo-American legal positivism in the Russian legal doctrine. Methods:general scientific (dialectical and historical methods of cognition, general logicalmethods, systemic and comparative methods); special legal (comparative legal analysis and legal hermeneutics). Results: the study makes it possibleto identify problems and inaccuracies in the perception of Anglo-American positivism by Russian science, which are due to methodological features ofthe philosophical tradition of Anglo-American positivism, a simplified understanding of the question of legal interpretation and judicial activity^ in the Russian doctrine, as well as the difference in assessing the role of the state in the legal system in view of the different interpretations of the positive links between Russian and Anglo-American science.

Causation in French criminal law

The sine qua non theory, which dominated for a long time to determine a causation in the French criminal jurisprudence, remains working now. At the same time, the imputation to an individual of consequences caused without intention after the reform of 2000 is made dependent on whether the causation was direct or indirect. In the case of indirect causation, the criminal liability of an individual occurs only in the presence of qualified guilt, which can be either mixed mens rea (knowledge and negligence in one crime), rejected by the Russian doctrine, or a special gravity of acts at the time when they were committed. For Russian jurisprudence, the experience of France can be useful due to the different understanding of causality in the commission of an intentional crime and crimes with other forms of mens rea, and also in the context that the sine qua non theory is insufficient to determine the imputable causation. The opportunity implemented in France to regulate the issue of causation by legislative means is also of theoretical and practical interest.

Enforcement of the right to a bond of arrest in insolvency proceedings in Russia and Germany

Creditors whose claims are secured by the debtor’s property have a privileged position in the insolvency proceedings. The legal status of depositors and the manner in which their claims are met are the subject of close research. However, the problem of bail is little studied in Russian doctrine. The purpose of the present study is to formulate, on the basis of regulation and doctrinal thinking in Germany, where the right to a bond of arrest has been successfully applied, a framework for the exercise of the right of a bond of arrest in insolvency proceedings (bankruptcy) for Russian legislation. The main methods of the study are: Comparative law, which allows the study of the theoretical provisions of the right to bail and the proposal of appropriate legislative designs; as well as the historicallegal method combined with the systematic method of analysis of the problem under investigation. Synthesis, interpretation and teleological methods are also used. Since the study of property rights in Germany has had a significant impact on the Russian doctrine, the German experience of the legal regulation of a creditor whose claims are secured by the seizure of property has been used in the analysis of the problems of a bond of arrest. The legal nature of the right to bail, which is the subject of debate in the doctrine of Germany and Russia, has been analysed. It has been concluded that the right to an arrest bond is a special right of bail, together with a contractual and legal bond. It is substantiated that there is a gap in Russian law regarding the legal position of a creditor in insolvency proceedings (bankruptcy) in the event of securing his claims by seizure of the debtor’s property. The preferential right of tax authorities to obtain satisfaction in insolvency proceedings in the attachment of taxpayer property, qualified as a legal security, introduced in Russian tax legislation, It is considered to be a breach of the balance between public and private interests. It is justified that the right to a bond of arrest is subject to the law of procedural law and proposals have been made to regulate the legal position of creditors entitled to a bond of arrest in insolvency proceedings (bankruptcy).

«Дачный миф» в русской литературе рубежа XX–XXI вв.: случай Юрия Мамлеева

The formation of the “dacha myth” in Russian literature at the turn of the XX–XXI centuries is shown on the prose of Yu.V. Mamleev, primarily his novel “Wandering Time” (2000). Based on the socio-cultural evolution of the phenomenon of the dacha in the USSR, the dynamics of the “dacha topos” in Mamleev's prose is traced: in the 1960s (“Connecting Rods”, etc.) this is the final apotheosis of the Soviet neo-myth about the Russian landowner's estate as a “nest” of violence and vice; in the 1990s–2000s. (“Wings of Horror”, “Wandering Time”, “World and Laughter”, etc.) this is the birth of a new myth about the post-Soviet dacha with clear positive connotations. To understand the innovative content of the “dacha myth”, the philosophical theses of Mamleev (“Last Doctrine” and “Russian Doctrine”), as well as the essence of his “metaphysical realism” and “metaphysical patriotism” are considered. On this basis, the analysis of six dacha loci in the novel “Wandering Time” is carried out. It is concluded that Mamleev's “dacha myth” is a fundamentally new category compared to the “estate myths" of the Silver Age and the Soviet era, since it is not based on the mythologeme of “paradise on earth” and not the exposure of the “exploitative” “hell”, but the doctrine of “Eternal Russia”, which more than “paradise” and “hell” combined. According to the writer, “Eternal Russia” opens up in a unique dacha space peculiar only to Russia, simultaneously preserving the Absolute (God), opened into an incomprehensible Abyss and preserving its natural and cultural identity.