Russian Legal Research Articles

Historical Traditions and Values as Foundation of the Russian Legal System

The amendments in 2020 to the Constitution of the Russian Federation of 1993 were a decisive step towards strengthening sovereignty in the international arena and the reception in the Russian Federation of historical traditions and value attitudes characteristic of Russia in any historical form of its statehood. The unity of state ideology, which is directly prohibited in the chapter «Fundamentals of the Constitutional System» of the Basic Law of Russia, has become the subject of special attention of the developers of the text of constitutional novels due to the impossibility of amending chapters 1, 2 and 9. Additions and changes made to chapters 3‑8 positively influenced and significantly softened Art. 13 (part 3), but did not completely eliminate the problems and contradictions between constitutional norms and the objective need to restore the ideological sphere in the Russian state, before the growing aggressive expansion of alien values imposed by a number of unfriendly countries. The discourse taking place in the scientific community and at all levels of public power in the state on the issue of the invariability of chapters 1, 2 and 9 of the Constitution of the Russian Federation leads to the idea of the advisability of revising the current constitutional act in the future. At the present stage, positive prospects are noted in solving ideological, socio-economic, geopolitical and other problems, as well as developing an effective strategy in the field of national security of the Russian Federation, which is greatly facilitated by the updated and improved Constitution of the Russian Federation in 2020.

Digital Law in the Russian Legal System

The transformation of public relations, taking place under the influence of the widespread introduction of digital technologies, required the formation of a new legal framework, which tends to constantly expand. In this regard, the possibility of distinguishing digital law as an independent branch is widely discussed in science, although the very possibility of using the combination of «digital law» is sometimes questioned. As an alternative to this combination, the categories of «Internet law», cyber law, etc. are periodically used. Based on an analysis of existing scientific points of view, as well as an assessment of the specifics of relations arising from the implementation of digital rights and the use of digital technologies, the author concludes that there is the possibility and expediency to divide digital law into sections. This is due to due to the specifics of the relations that make up its subject, characterized by the special subject construction, the scope of their practical implementation, the principles of building these relations. This in turn determines the peculiarities of the method of their regulation, characterized by a combination of imperative and dispositive approaches, legislative regulation while maintaining a significant role of self-regulation. At the same time, it must be recognized that building a coherent system of digital law is to some extent hindered by the process of permanent transformation of relations arising in this area.

Administrative Dispute in the Heritage of Nadezhda G. Salischeva and the Contemporary Russian Legal System

Administrative Dispute in the Heritage of Nadezhda G. Salischeva and the Contemporary Russian Legal System

Preservation and Strengthening of the Value and Ideological Foundations of Contemporary Russian Legal Science

The author emphasizes the importance of scientific jurisprudence in legal consciousness formation and strengthening the legitimacy of the legal order in Russia within the context of constitutional transformation and a changing socio-historical environment across the country. As the rigid separation of politics, ideology, and jurisprudence comes under criticism, it is argued that law is interconnected with social attitudes and cannot be purely non-ideological. Additionally, the risks associated with the arbitrary borrowing of foreign ideas and applying them in Russian scientific jurisprudence are discussed, such as human rights concepts and legal globalization methods. The need to create an independent system of legal ideals based on national traditions and values is emphasized. In this regard, scientific jurisprudence lags behind practical needs and the dominance of a template-schematic approach. The author comes to the conclusion that it is important to intensify the efforts that seek to strengthen the role of Russian constitutional law in the educational process, for students of law as well as students of other disciplines.

The first book about the first director Yu. V. Truntsevsky, L. I. Belyaeva. At the origins of Russian Legal Science (to the 130th anniversary of Evsey G. Shirvindt) / preface by T. Ya. Khabrieva. M.: IZiSP; Publishing house “Jurisprudence”, 2023. – 240 pp.

The peer-reviewed monograph by Y. V. Truntsevsky and L. I. Belyaeva is devoted to the study of the life and work of the outstanding Russian lawyer, scientist and administrator E. G. Shirvindt (1891–1958). The authors focused their attention on his scientific works in the field of penitentiary, criminological and criminal legal science in general, as well as on the practical work of E. G. Shirvindt as the head of the Main Directorate of Places of Detention of the NKVD of the RSFSR (People’s Commissariat of Internal Affairs of Russian Soviet Federative Socialist Republic) and the first director of the State Institute for the Study of Crime and the Criminal – the predecessor of the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The structure of the work is built on the principle of analyzing the “tangle of contradictions” in the history of the formation and development of criminal policy and criminal law science in the first decade of Soviet power, which, at the same time, became the key milestones in the biography of the main character of the book. The authors of the monograph have done an important work in terms of reanimating the scientific heritage of E. G. Shirvindt and rethinking the rich experience of his practical activities to reform the penal system, which makes the book are very relevant in today’s conditions of functioning of the domestic penitentiary department.

Viktor Kirilenko — Devotee of Russian Legal Science

.

Integrating Digital Technologies into Russian Legal Arbitrazh Proceedings: Current State and Prospects for Development

Integrating Digital Technologies into Russian Legal Arbitrazh Proceedings: Current State and Prospects for Development

Особенности функционирования конструкций с модальным значением обусловленности в «Русской Правде»

The article deals with the analysis of conditional complex sentences in the body of ancient Russian laws “Russkaya Pravda”. The aim of the study is to identify the basic principles of the grammatical structure and functioning of the constructions with the modal meaning of conditionality. The scientific novelty of the undertaken research lies in considering complex sentences with conditional clauses as the main text-forming structure in the organization of the Old Russian legal written monument. The results obtained showed that the text of “Russkaya Pravda” consistently uses syntactic constructions with the modal meaning of conditionality, which are implemented using complex sentences with the meaning of condition. The study identified three groups of constructions with the modal meaning of conditionality. The cause-and-effect relationship is clearly visible in these constructions: the first group is complex sentences with the meaning of condition, expressed using the conjunctions ‘аще’, ‘аже’, ‘оже’, ‘иже’; the second group is represented by sentences in which the meaning of conditionality is expressed using the connecting conjunction ‘a’; the third group is syntactic constructions with a conjunction ‘или’ meaning ‘if’, as well as sentences conveying conditional relations without using any conjunctions.

The Activities of the Liquidation Committee for the Affairs of Former Russian Legal Entities in Warsaw (1928–1933)

The Activities of the Liquidation Committee for the Affairs of Former Russian Legal Entities in Warsaw (1928–1933)

Trust in the Judiciary in the Russian Legal Culture

Trust in the Judiciary in the Russian Legal Culture

Legal Expertise as a Tool of Countering Violent Extremism in the Web 2.0

The paper deals with the results of the study aimed to countermeasure violent extremism in Web 2.0. The paper focuses on the results of the research entitled “Russian Legal Concept of Media Security” and implemented within the framework of the “Priority-2030” Academic Strategic Leadership Program. The increased number of public crimes committed in the new media using telecommunications technologies makes the study relevant. The study is aimed to improve the understanding of current and future global media security challenges and to explain how to resist them based on legal expertise. Legal expertise is characterized as a tool that can contribute to raising the general level of legal culture and, in this regard, the authors highlight that availability of law and language knowledge is relevant in solving criminal law issues regarding implementation of basic rights and freedoms in the digital environment. The authors examine public relations in the field of education, family relations and youth policy related to those who share traditional morality and focus on countering a destructive ideological impact on children, adolescents, and the youth, carried out in order to neutralize inimical inculcation of spiritual values alien to Russian society. The authors scrutinized social networking, a combination of mini web pages, blogs and searchable communities, to detect signs of extremist propaganda shared via internet communication as a key challenge Russian society is facing nowadays. They elucidate the importance of undertaking effective measures to protect the population from harmful effect of destructive extremist ideology and its negative psychological impact. An interdisciplinary study of media security in the paradigm of criminal law sciences was conducted on the basis of legal expertise — a comprehensive criminalistic, criminology, forensic, psychological and linguistic approach to counteracting a destructive ideological impact on adolescents and neutralizing the mechanisms of implanting alien moral values. The authors have systematized threats to traditional Russian spiritual values and proposed to amend legislation and law enforcement practice to improve media security. Deep efforts should be made to encourage zero tolerance for extremist actions in the information sphere among people, to form their competence to ensure media security, including effective recourse to legal (or forensic) experts and authorized entities in case of violations of the law.

The Russian Legal Researches on Metaverses: a Scholar Review

Over the past few years, the subject of metaverses has become an object of research of scientists from various fields of knowledge. Most specialists believe that in the next 7–10 years the direction of metaverses will be integrated into many spheres of society. The issue does not remain without attention of the state. Today we observe the first stages of formation of the international «metaverses race» in order to strengthen the leading positions of countries in terms of digital transformation of the economy and ensuring their own digital sovereignty. Russia will soon become a participant in the race mentioned. The development of metaverses will inevitably lead to the transformation of many legal institutions. Therefore today Russian scholars are beginning to explore questions about the symbiosis of law and metaverses. Since the interest to the regulation of the metaverses sphere will increase, it seems right to conduct a comprehensive study of the works of Russian explorers devoted to the transformation of legal relations in the conditions of emerging metaverses. The aim of the research presented: to systematize the Russian legal literature on the subject, to identify the most relevant aspects of regulation in the field, to form a general research trend in the development of law in metaverses, as well as to discover the first research conflicts. The selection of academic papers was based on two interrelated methods: substantive and personal. The use of the first method helped to identify only those studies that are devoted exclusively to the subject. On this basis, the review did not include those acadeniic works that only indirectly address the issue of metaverses. Thanks to the second method, it was possible to exclude studies by scholars from related sciences and student papers too. In this regard, attention is paid mainly to the studies of authors who have a scholar degree and/or extensive practical experience. In addition, the methodology is formed by general methods of study: analysis, synthesis, generalization and others. As a result of the work carried out, its purpose has been fully achieved and the most important key aspects are reflected using graphic illustrations.

The Introduction of an Electronic Bill of Lading into the Russian Legal Order. Part II

The paper analyzes the possibility of building a system of electronic bills of lading, the legal effect of which is determined under the norms of Russian legislation. The author highlights that the existing norms are not able to meet the needs of turnover and the fair distribution of risks of using electronic bills of lading. The paper elucidates the key factors determining the prospect of using an electronic bill of lading in trade. They include the rules ensuring neutrality and reliability of the person maintaining the register of electronic bills of lading, rules ensuring impossibility of foreclosing on an electronic bill of lading for the obligations of the person maintaining the register, the level of security of accounting for rights in relation to electronic bills of lading, the amount of transaction costs of participants in trade when using an electronic bill of lading, rules ensuring control of the pledgee over the transfer rights in relation to the pledged electronic bill of lading, convenience of transferring rights, as well as the possibility and consequences of converting an electronic bill of lading. Taking into account the above criteria, the author considers the possibility of regulating an electronic bill of lading on the basis of the corpus of norms already existing in Russian legislation, namely, using the model of non-documentary securities and digital rights. It is noted that none of these models can ensure the effective functioning of an electronic bill of lading in the absence of a whole range of legal and technological solutions, without which the expected advantages are outweighed by the problems of practical application. The paper elucidates possible ways of perspective regulation of electronic bills of lading in the Russian legal order and analyzes possible ways of civil law protection of the rights confirmed by the electronic bill of lading in the regulation of each of the proposed models.

Личность в российской правовой системе: поиск новых подходов

Личность в российской правовой системе: поиск новых подходов

Using Generative Neural Networks as a Media in Education: Formal Analysis in the Context of the Russian Legal System

Using Generative Neural Networks as a Media in Education: Formal Analysis in the Context of the Russian Legal System

Stanovlenie i zakonodatel'stvo Drevnerusskogo gosudarstva i srednevekovyh gosudarstv Evropy: sravnitel'nyj istoriko-pravovoj analiz

The article examines the history of the creation and formation of the Ancient Russian state and its regulatory framework, including such fundamental legal documents as the Russkaya Pravda, the Yaroslavl Series, the Novgorod Court Charter, the Pskov Court Charter, and so on in comparison with similar processes taking place in medieval Europe. The article also draws a direct historical and legal parallel between certain provisions of modern normative acts of the Russian Federation and the corresponding provisions of ancient Russian legal acts, the kutums of medieval France and the modern legal system of France, including the Code of Napoleon, etc.

International Law Issues Concerning Marine Environment Protection in the Arctic

International Law Issues Concerning Marine Environment Protection in the Arctic

On the Issue of the Legal Expediency of "Automatic Sanctions" in the Russian Legal System

The subject of the study is a critical analysis of the “theory of automatic sanctions,” which is based on the patterns of formulation and functioning of sanctions developed in the general theory of law. The study aims to determine, based on the analysis of, the patterns of formulation and functioning of sanctions as an element of the rule of law in the Russian legal system by analyzing the signs of automatic sanctions set out in these works. Also, the subject of the study is the patterns of application of sanctions in the Russian legal system, knowledge of which will allow us to draw conclusions about the advisability of the existence of “automatic sanctions” in the Russian legal system. The research methods are analysis, synthesis, induction, deduction, abstraction, generalization, modeling formal legal approach, and a variety of these methods as legal analysis. Analysis of the nature of “sanctions” shows that they are aimed primarily at protecting the existing legal order by bringing the person who violated the disposition of the legal norm to legal liability and by applying other protective measures to restore the violated legal order. The effective application of sanctions involves establishing the following circumstances: who committed this unlawful act, whether the person is guilty of committing an offense, if sanctions provide responsibility for its commission; what measures of protection can be applied in this case to a person who has violated the legal order set out in the disposition of the legal norm, whether in this case there are circumstances excluding the wrongfulness of the act, or other circumstances excluding the application of these sanctions. All this requires implementing a law enforcement process, which makes the existence of such a phenomenon as automatic sanctions inappropriate.

The Right to Language in School: Russian Sámi

Abstract This paper is about Sámi children’s right to learn their language in school in Russia (henceforth referred to as RtL). First, the core elements of this right are deduced from the international and regional instruments. These elements are legal recognition, non-discrimination, participation, appropriate education, and high-quality education. Then, the Russian legal acts are analysed to identify to what extent these elements are present in the Russian legal acts. The paper demonstrates that the five deduced elements of the RtL are found in the relevant Russian legal acts. However, the contents of some of these elements in the Russian legal acts are different from the contents of the corresponding elements deduced from the international and regional legal instruments. The paper also identifies challenges in the Russian legal acts that hinder the realisation of the RtL.

Russian Legal Education: The Present and the Future

The paper examines the issues of modern Russian legal education that developed under the auspices of the Bologna educational system. Since the introduction of the Bologna rules, which Russian innovators interpreted exclusively in a subjective way, domestic education has not improved. On the contrary, all those positive characteristics that education possessed within the Russian borders began to gradually disappear, striving to blindly copy foreign variants. Many problems have appeared in education, mainly due to the departure from Russian cultural values and the attempt to replace them with foreign standards. As a result, educational levels have appeared, which, in theory, require an original educational approach. But such an approach requires saturation of the curriculum material of one level to the detriment of another, which is hardly feasible. It is emphasized that Russian traditions in education, their reanimation, including a return to specialist’s degree, are able to raise the educational level of Russia to the proper height again. The paper briefly comments on the efforts of Russian scientists, mainly professors of the Higher School of Economics, in the field of improving the educational process. The problem of the effectiveness of lecturing in conditions of simplified information acquisition is raised. As the main sketch from this area, the author gives a review of the work by Maria S. Shakaryan, who proposed a certain algorithm for reading introductory lectures.