Russian Law Research Articles

Law as an instrument of forest destruction in Russia

The paper analyzes the causes of the failure of Russian law to prevent illegal logging in its effort to protect forests. It does not attempt to review all its rules and regulations. Instead, it focuses on one significant theme: the way how businesses misuse Russian law to conduct the destruction of forestry resources by applying so called ‘salvage clearings’. The process of authorizing and conducting salvage clearings is regulated by the Russian Forest Code, administrative regulations, and judicial interpretations. The analysis of this law leads to the conclusion that Russian law has good purposes and is sufficiently well defined to prosecute and punish its violators. However, the law is not enforced in the way it was meant to. The legal provisions intended for the protection of forests are used for their destruction. Illegal logging takes the form of an activity approved by forest officials. One reason for it is governmental corruption. The existing forestry regulations are not always clear and well-defined, but they provide a sufficient regulatory framework that can be used effectively against the abuses of salvage clearings. A major legal problem lies not so much in the content of forestry law, as in an overall lack of a general effective mechanism to control administrative discretion. In practice, there are no administrative checks on the way the salvage clearings are carried out. Without a mechanism of control, any administrative law, however well-defined, is open to abuse. An effective mechanism cannot exist without a society that values forest resources beneficial not only for humans but also for other species.

О допустимости субординации требований аффилированных кредиторов в делах о банкротстве физических лиц

The article deals with pros and cons concerning applicability of the rules of subordination of the claims of affiliated persons in case of personal insolvency. The author reaches the conclusion that the rules of true subordination in case of personal insolvency cannot apply because of the fundamental ideology underlying the subordination rules in Russian law.

ON THE ORDER OF INHERITANCE BY LAW

The article discusses the order of inheritance by law in Russian law. The author gives a general description of inheritance by law, reveals the features of the summoning of each of the heirs in turn of inheritance

THE EVOLUTION OF APPROACHES TO DETERMINING THE PRINCIPLES OF LAW AND LAW-MAKING: THEORY AND POLITICAL AND LEGAL PRACTICE

The proposed publication provides a comprehensive review of the historical path of changing approaches (theoretical and practical) to the definition of the principles of law and lawmaking and establishes the nature of the evolutionary process in political and legal matter. On the basis of the general dialectical method, analysis and comparative legal approach, the principles of law and lawmaking are identified and revealed, depending both on the level and degree of generalization (special, sectoral, intersectoral, universal), and on the specifics of the current or historical stage of development of political and legal reality, the content of the concept of "lawmaking" is established in direct connection with similar categories, the lawmaking process and types of lawmaking are characterized. In the course of the presentation of the material, the author establishes that the current Russian law is based on synthesis of the achievements of the main concepts of legal understanding - the natural law doctrine, positivism and the realistic school of law. It is indicated that in recent years the principles of law in Russia have been evolving against the background of the steady sovereignization of the domestic political and legal order. The definition of lawmaking is given as a purposeful activity of the competent authorities to change, establish or abolish legal norms, which is the highest form of expression of the process of lawmaking and an integral element of rulemaking, it is established that the principles of lawmaking should correlate with the actual principles of law. The conclusion is that the evolution of the principles of law and lawmaking is non-linear, it varies depending on the level of development of each individual legal order and the individual characteristics of the formation, functioning and development of society. On the example of the domestic legal order the author shows that the reception of western European principles of law, as the independence of the Russian federation in the international arena was strengthened, was replaced by the construction of national legislation, taking into account the special historical path of the country and those traditional fundamental values that are immanent to the single multinational people of Russia.

Implementation of the Provisions of International Acts on the Interrogation of Defense Witnesses in Court in Russian Law

Problem statement. The right to a fair trial within a reasonable time by an independent, impartial and competent court, in compliance with the fundamental principles of criminal proceedings established by international treaties and national legal acts, is pivotal in the legal status of the individual. As judicial practice shows, in criminal proceedings, the implementation of this right largely depends on individual judicial regulation when deciding on satisfaction/refusal to satisfy the request for questioning in court of a defense witness. The significance of the testimony of a witness confirming the defendant’s alibi or other circumstances testifying to his innocence or the presence of mitigating circumstances actualizes theoretical and applied (based on the analysis of judicial practice) studies devoted to the interrogation of a defense witness during the judicial investigation of a criminal case. Purpose of the work: to identify methodological and organizational and legal problems of summoning and questioning a witness at a court session, to determine the role and aisles of individual judicial regulation when making a decision on a petition for summoning a witness submitted by the defense party. Results. The importance of questioning a defense witness at a court hearing to ensure its publicity, immediacy and verbality is obvious. The interrogation also ensures the proper procedural regime of proof and the operation of the principles of adversarial, presumption of innocence and the right of the accused to defense. Recommendations and other provisions of judicial bodies regarding the summoning and interrogation of witnesses should be evaluated on the basis of the principles of justice enshrined in Russian law, while individual judicial regulation in resolving a specific petition for summoning a witness should be formed on the basis of recognition of the significance of the testimony of this participant, their possible impact on the outcome of the trial, and also provided, when necessary, technical capabilities of video conferencing and web conferencing.

Interests in Russian law: Concept and Types

Relevance. The study of interests in law has an inexhaustible topical theoretical and practical significance, because, as the German philosopher of law R. Iering explained, interests move the world. Indeed, socially significant interests that have received legal support (recognition, consolidation) actively influence the formation, exercise and protection of subjective rights, the implementation of legal relations, legal responsibility, the achievement by subjects of law of the desired material and spiritual benefits, as the ultimate goal of law regulation, law enforcement and legal application. Unfortunately, legal science has not formed the final theoretical provisions on the nature, content, functional purpose and types of legal interests (legitimate interests, interests protected by law, interests in law). The author of the article set the task to indicate his position on some topical issues of the topic under discussion.Purpose – to find out the nature, concept, content, purpose and types of legal interests, the interaction of social interests with law.Objectives: to identify the essential features of social and legal interests, to formulate the concept of legitimate (legal) interests, to find out the types of legal interests, to establish general and specific features of social and legal interests.Methodology. In the course of the study of the designated topic, such general scientific and private scientific methods of research were used as formal-legal, system-structural, logical, comparative-legal, method of analysis and synthesis.Results. Based on the analysis of the theoretical conclusions of well-known Russian researchers, the author formulated and substantiated his own position on the concept and types of legal interests (interests in Russian law), it is noted that legal interests are socially significant interests that have found their “registration” in the norms of positive law and subjective rights, or social interests not enshrined in subjective rights, but protected by law on the basis of the meaning (spirit) of the law, legal principles.Conclusion. Socially significant interests initiate the emergence, change and termination of legal relations, contribute to the achievement by the subjects of law of the desired material and intangible benefits, the satisfaction of their needs.

О квалификации программ для ЭВМ как составных произведений

In a computer programme development it is absolutely normal not to create a programme from scratch. During the development third party’s solutions (software libraries) are often used. Such use has received its legal assessment in the Decree of the Constitutional Court of 16 June 2022 No. 25-P, as well as in the acts of arbitrazh courts. In so doing, courts interpreted it with equating the programme with a composite work. The article is devoted to the analysis of the notion “composite work” under Russian law in the context of a computer programme, the relations with the notions “complex work” and “derivative work”. It is concluded that there are no sufficient grounds for qualifying a computer programme as composite, complex or derivative work when another programme is used. The article offers various ways out of the situation.

"Actual problems and the role of the Prosecutor's Office in the implementation of the human rights function related to the rights of minors to social security"

In fulfillment of the State task, the protection of children is put first in the field of education, receiving free medical care, housing, etc. The task of protecting the rights of adolescents to social security is reflected in the guiding documents: the Declaration of the Rights of the Child[1] and the Convention on the Rights of the Child [2], also in the Optional Protocol to the Convention on the Rights of the Child[3]. Difficulties in the process of protecting the rights of minors arise due to imperfections of legislation, gaps in law, contradictions of federal and regional legislation. In this regard, the processes of formation and development of the institute for the protection of children's rights in Russian law, the definition and expansion of opportunities for prosecutorial control over the performance of duties to protect the rights of adolescents are very important. These factors determined the choice of the topic and its relevance.The object of the study is the rights of minors to social security. The subject of the study is the role of the Prosecutor's Office in the implementation of the human rights function for the observance of the protection of the rights of minors.The purpose of the study is to study theoretical issues, as well as practical proposals for improving legislation, which are aimed at improving the work of the prosecutor's office to protect the rights of adolescents to social security. The methodological basis of the research is a set of general scientific and private scientific methods of knowledge, specifically: observation, comparison, study and synthesis, induction and deduction. The practical significance of the scientific work lies in the fact that the results of the study can be applied in the practice of prosecutors to protect the rights of adolescents, in law-making work to improve legislation that regulates the issues of prosecutorial control over the performance of duties to protect the rights of adolescents.

ABOUT THE LAW OF THE RUSSIAN FEDERATION “ABOUT PRODUCTION SHARING AGREEMENTS” THROUGH THE EYES OF CHINESE SCIENTISTS

The adoption and implementation of the Russian Law “On Production Sharing Agreements” marks a significant increase in the openness of the Russian oil and gas sector. The purpose of this law is to encourage and attract more foreign direct investment in the Russian manufacturing sector. In the context of the fruitful results of strategic cooperation between China and Russia, the role of the “Crushed Stone Ballast” of energy cooperation was additionally demonstrated. From the point of view of Chinese scientists, this article analyzes the prerequisites for the introduction of the Russian system of production sharing agreements and the goals of the introduction of the system, and, finally, predicts the trend of cooperation between China and Russia in this area.

Recognition of foreign decrees of divorce in the German legal system

INTRODUCTION. The object of the research consists in the specific procedure of the recognition of foreign decrees of divorce which exists in the German law. The actuality of the object of the research is confirmed by keeping of this procedure during many decades, as well as nowadays, in regard of the recent reform of the law of the European Union about the mutual recognition of decisions in matrimonial matters.MATERIALS AND METHODS. The article is based on the Act of the Federal Republic of Germany of 2009 on Proceedings in Family Matters and on the Family Law Reform Act of the Federal Republic of Germany of 1961, as well as both on the case law to the application of these Acts and on the German legal doctrine which analyzes it. The first Act is and the last Act was before the legal basis of that procedure of recognition. To achieve the results were applied the general and specific scientific methods, in particular the method of comparative legal study.RESEARCH RESULTS. The research result consists in the presentation of the analyzed procedure of recognition of foreign decrees of divorce in German law. It is considered that this procedure is constructed after the model of the recognition and enforcement of foreign judgements. Until the foreign decree of divorce is not recognized in the framework of this procedure, this decree is completely ignored by the German authorities, that means the spouses divorced by the foreign court remain spouses from the point of view of German law with all the ensuing consequences in the field of property and non-property rights both between each other and in the relations with the thirds parties. This procedure is realized by the regional administration of justice whose decision may be a subject matter of scrutiny by the appellate court. Although the delegation of this power to the executive raises by some authors the doubts about its constitutionality, the case law proceeds from the legitimacy of this competence.DISCUSSION AND CONCLUSIONS. The German concept of the obligatory preliminary recognition of foreign decrees of divorce is the equal alternative to the concept of automatic recognition of foreign judgements ruled on the status and legal capacity which exists in Russian law.

Теоретико-правовой анализ легального определения понятия «невостребованная земельная доля»

The article reveals theoretical approaches to the content of the legislative definition of the concept of “unclaimed land share”, which appeared in Russian law as one of the legal consequences of the ongoing land reform, which led to the disposal of significant areas of agricultural land from economic use. Separate approaches of theoretical scientists to the content of the editions of the theoretical institute under study that have been changing over 30 years are analyzed. An assessment of innovations that have significantly changed the legal definition of the concept and regulation of the legal fate of unclaimed land is given.

SUBJECT-SUBJECT RELATIONS OF THE STATE AND SOCIETY IN THE PHILOSOPHY OF B. N. CHICHERIN

Aim. The study of the political and philosophical teachings of B. N. Chicherin on the rule of law and its influence on political processes in Russia.Methodology. The research is based on general scientific approaches of cognition, including the comparative legal method, the method of deconstruction, the historical and biographical method.Results. The study uses Russian empirical material to analyze B. N. Chicherin's key ideas on political-legal structure in the context of evolution from subject-object to subject-subject relations of state and society. Attention is paid to the main milestones of formation of legal state and democratization in the history of Russia, electronic communications of the state and society.Research implications. The theoretical significance lies in determining the role of B. N. Chicherin's ideas on the development of the rule of law in Russia. Chicherin's works are important in understanding the evolution of legal systems and the role of legal thought in shaping political systems.

Real Estate as a Subject of Theft: a Socio-Historical Analysis

The article deals with the actual problems of classifying real estate as objects of theft and, above all, fraud. The importance of solving this kind of issue from the standpoint of the history of legal regulation is determined, the socio-economic significance of real estate in modern society is shown. The conclusion is made about the change in the social essence of real estate during the historical development, which influenced the legal regulation of the protection of rights to real estate, including the norms of criminal law. The prerequisites and possibilities of the historical and legal approach in this part are considered. Characteristics are given to the main trends in the development of legal understanding about real estate as an object of criminal encroachment and, first of all, theft. The author came to the conclusion that such development is largely due to a change in the content characteristics of the right to real estate, on the one hand, and a clarification of the place of ownership in the system of other rights to real estate, on the other. In addition, the concept of fraud as a type of criminal behavior has historically changed. The paper identifies priorities in the area under study of the post-revolutionary period, which did not hasten to take full advantage of the previous historical experience and offered its own vision of the issue. Based on the results of the study, conclusions were drawn about the opportunities for improving the legislation on criminal liability for theft of real estate provides the genesis of Russian law.

Личный фонд — терра инкогнита российского законодательства о юридических лицах?

The article is dedicated to the use of the personal fund legal structure to plan inheritance of business assets in the Russian law and order. The author describes features of regulation of personal fund setup, points out the problems associated with the use of personal funds that should be solved on the level of the laws and the law enforcement practice. In particular, the paper covers such issues as: prevention of abusive practices of the management in control of personal funds, establishment of efficient management rules in internal documents of personal funds, subsidiary liability of the fund for the founder’s debts, etc. The author concludes that the personal fund structure is in demand and appears to be efficient for capital inheritance planning.

«Фактор доверия» как основное препятствие признания и исполнения иностранных судебных решений

September 1, 2023 is the date of entry into force of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (adopted on July 2, 2019 as part of the 22nd session of the Hague Conference on Private International Law). Russia signed the Convention on November 17, 2021. Despite the fact that in the current geopolitical situation one could hardly expect this Convention to be ratified in the short or medium term, the discussion on the preparation and conditions for ratification, the changes in legislation necessary for its use, the consequences for law enforcement practicestill appears to be relevant. The current principles of Russian law and the law of other countries in relation to the recognition and enforcement of foreign court judgments should be analysed. To this end, first of all, the legal basis for the recognition of foreign court judgments in Russia prior to the ratification of the Hague Convention in 2019 should be presented and the approaches of private international law and the law of other countries to the recognition of foreign court judgments should be analysed. If the approach to the ratification of the Сonvention persists, the issue of amending the Civil Procedure and Arbitration Procedure Codes of the Russian Federation will arise. The ratification process is undoubtedly affected by Western sanctions against Russia and Russian businesses and the loss of mutual trust. Trust is a key factor when considering the recognition and enforcement of foreign judgments.

Государственно-правовые меры борьбы с безработицей в России как элемент правовой безопасности: ретроспектива законодательства (вторая половина XIX — начало XX в.)

The article presents a retrospective view on the Russian laws of the second half of the 19th to the early 20th century aimed at regulation of protection of working-age population from unemployment. The authors review the measures taken by the state to support unemployed citizens. Attention is focused on the labor regulation features during the Soviet period (overcoming the unemployment problem, introduction of liability for parasitic lifestyle).

On the biosafety of the Russian population

The features of ensuring the biosafety of the population and important production and economic facilities in Russia due to the growth of external military threats with the secret use of new types of biological weapons are described. Several new tasks of Russian medicine and pharmaceuticals, as well as regulation of the corresponding market of goods and services, have been formulated. It is important to create a protective integral military-biological potential for populating Russia for a group of dangerous infectious diseases based on many new achievements of science and technology. The definition of the term «genocide» as an object of international law at the level of the UN and Russian law is given. These are actions committed with the intent to destroy, in whole or in part, any national, ethnic, racial, or religious group in Russia. The diagnosis of the detection of deadly infectious and gene biologics can be problematic. The article provides recommendations for the mobilization strengthening of the health system and biosafety in general.

The sacralization of the secular in contemporary Russia: the “desecration” of the eternal flame

The article examines more than 100 cases of “desecration” of the Eternal Flame in Russia in the 2010s-2020s. In the context of criminal cases involving blasphemy and desecration of holy places, starting with the “Pussy Riot case”, the cases of the “desecration” of the Eternal Flame allow us to see, first, how the arguments and language used by the media and law enforcement in the legal discussion regarding the secular sacred are shaped; and second, how the shift from the symbolic to the material occurs in relation to symbols of memory in contemporary Russian society. The article shows how and on what grounds perpetrators of such behavior are prosecuted in contemporary Russia, and what penalties are imposed on them. Despite the presence of special norms on such deeds in the Russian criminal law, they are in some cases qualified by law enforcers with their use, in others as vandalism or desecration of the bodies of the dead and their burial places, in still others as administrative offences. Law enforcers in all cases clearly read their meaning (as an attempt on the sacred), but the Russian law lacks a legal definition of “desecration” (if the term itself exists), which apparently leads to the use of different norms to punish those responsible. Since these actions are interpreted by law enforcers as sacrilegious, it seems appropriate for us to propose for them the general term “memorial sacrilege”, by which we mean unconventional actions with memorial complexes and their elements, in particular the Eternal Flames, entailing the use of repression.

Radiation detriment estimation: on the possibility of effective dose usage to assess the number of years of the healthy life lost

The Russian Law “On Radiation Safety of the Population” defines the effective dose as “the amount of exposure to ionizing radiation used as a measure of the risk of long-term consequences of human’s body exposure…” In turn, the Russian “Radiation Safety Standards” (RSS 99/2009) establish a procedure for assessing the health risk, associated with exposure to low doses, for two types of harmful effects (oncological diseases and hereditary effects) and two age and sex groups (“whole population” and “adults”) by multiplying corresponding linear risk coefficients per effective dose. At the same time, these documents do not impose restrictions on the risk assessment procedure, without excluding the use of any other risk indicators or risk assessment for other sex and age groups of the population. The value of radiation detriment to health, calculated by the method described in RSS 99/2009 to characterize the risk, as a unit of measurement, uses the fatal oncological disease caused by exposure to ionizing radiation, weighted by the number of years of life lost, or weighted by the severity of non-fatal cancer. Currently, mortality-based health measures are considered insufficiently informative characteristics of the impact of external factors on population health. Such indicators are poorly suited for a comparative analysis of risks, especially taking into account the different distribution of negative consequences over time. The paper presents an applied approach to expand the application of the radiation risk assessment methodology, without making significant changes to the established practice of radiation protection. The possibility of using the DALY value (disability-adjusted life years) as an measure of radiation risk is being considered; the expediency of changing approaches to calculating the effective dose (by using different values of weighting factors for tissues and organs during effective dose calculation for different age and sex groups of the population) and the possible scope of the proposed approaches to risk assessment in practice are discussed; an approach is proposed for calculating the DALY value using the effective dose and the corresponding risk factors (DALY×Sv-1).

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.