No 7 (2023)

Based on an interdisciplinary approach, the article examines the peculiarities of a person’s thinking and behavior, depending on the level of involvement and the nature of his relationships in the macro- and microenvironment, as well as during the period when he is in captivity of obsessions (obsession) or himself; examines the stages of a person's mental activity when he has the idea of committing a crime, and the reasons that gave rise to it; the dynamics of the maturation of such motivation and the factors contributing to its materialization are analyzed. The conclusion is substantiated that the state of obsession, the costs of the state and society act as a starting point for the origin of the rudiments of the idea of committing a crime in an individual, which is actualized over time, after which it transforms into a specific criminal plan when he is in himself. Being in this state, an individual mentally creates a scenario of a future crime, develops an algorithm for its implementation, considers the conditions under which the intended act may be committed, calculates the possible risks of its commission, provides options for his post-criminal behavior, etc. After being formed at the mental level, this scenario is recorded in a person’s long-term memory, where it is stored in an alert state, and when a suitable situation occurs, a trigger is triggered for its implementation. On the basis of these premises, as well as a number of other arguments, the article hypothesizes that any intentional crime (with the exception of situational and committed in a state of passion), be it murder or rape, robbery or theft, etc., is essentially only a retransmission of the scenario of a specific crime, once created by an individual on at the cognitive level and extracted from the subconscious at the right moment for its practical implementation. In other words, the emergence and development of criminal motivation is not a momentary intellectual and volitional act, but a time–stretched thought process aimed at finding optimal ways to meet certain needs of an individual that he could not (did not want to) implement within the framework of the law. At the same time, the space-time gap between the moment of the origin of the idea of committing a crime and its actual implementation can be short-term, medium-term or long-term.²

The article is about Jangir Abbasovich Kerimov. An attempt is being made to reveal the defining features of his personality, to tell about him as a true patriot of his Homeland and an outstanding legal scholar. The main stages of his life path are traced; significant historical events that had a significant impact on him are described; meetings and relationships with famous people who inspired him, primarily the largest scientists of the XX – early XXI century, are described; his reflections on the fate of Russia and, of course, the fundamental postulates of the scientific and theoretical concepts proposed by him are analyzed. The article considers D.A. Kerimov’s significant contribution to the development of the subject, structure, functions, categorical apparatus of the General theory of law and the state, which is an organic totality of three interrelated and continuously interacting parts: Sociology of Law, Philosophy of Law and the doctrine of the state.

The article is devoted to the comparative legal analysis of the Far Eastern and Eurasian states, which is of scientific interest for synchronizing interstate cooperation and stabilizing international security by national means. The pragmatic interaction of the largest states of Eurasia is aimed at resolving the contradictions of the modern world order, largely predetermined by the desire of the United States for the global spread of the rules of the unipolar world order. The object of the scientific article is the comparative legal relations of the People’s Republic of China and the Russian Federation in the process of concrete historical development of national legal systems, which contain cumulative potential for ensuring universal peace and security. The subject of the article is expressed in a comparative analysis of the Chinese and Russian legal systems based on the analysis of the characteristic features of Romano-German, socialist and traditional (customary) law. The theoretical basis of the research is based on the comparative legal concept of Rene David and its epilogue edited by Camille Joffre-Spinosi, which crowned scientific ideas about the types of law and legal systems, as well as the periodization of historical epochs established in the humanities in the process of progressive development of mankind from the ancient world to Modern times. The methodological basis of scientific knowledge was the use of the comparative legal method, the historical-legal and formal-logical, as well as the system-structural method. As a result, the conclusion is made about the unconditional influence of the signs of the “family of socialist law” on the Chinese legal system, taking into account the declared construction of communism by 2049, as well as the completion of the “One Belt, One Road” project (the Great Silk Road). At the same time, a right-wing system of the Romano-Germanic type has developed in the Russian Federation, but Russia, as the legal successor of the USSR on its territory and in international organizations, remains the ancestor of the family of socialist law, which is the contribution of domestic science to the development of world jurisprudence. However, for the family of Romano Germanic law, the Russian Federation is too large in historical and geographical terms and is specific in legal significance, therefore, the idea of self-sufficiency of the national legal system, which is currently obviously dominated by signs of continental law, is more accurate. The mechanical attribution of the Russian legal system to the type of Romano-Germanic law, which occurred at the level of doctrine in the 90s of the XX century, is a predictable decision related to the idea of the existence of a quartet of legal families. However, Rene David in the Soviet and post-Soviet period considered Russia separately from the legal systems of the Old World and the “Young European states” proclaimed in the XX century and not having a sovereign influence on the development of world jurisprudence. These and other concepts discussed in this article illustrate the special place of the Russian Federation and the People’s Republic of China in the legal world, as well as their role as responsible participants in international cooperation.

The features of an autobiographical narrative allows the reader to trace not only the main stages of the life path of the hero of the story, but also to get a more complete picture of the events of the past, when the desire inevitably arises to agree, and in some ways disagree with the author’s vision and perception of events, people, features of the formation of new foundations of Russian statehood. The rather voluminous narrative of the author about the work of the First Congress of People’s Deputies of the RSFSR, where he was elected chairman of the Committee of the Supreme Soviet of the RSFSR on legislation, deserves attention. By virtue of his position, he also became a member of the Presidium of the Supreme Soviet of the RSFSR, which was headed by B.N. Yeltsin. Constant communication with the head of the Russian parliament helped to form a clear idea among the author of the memoirs and his colleagues, which made it possible to convince B.N. Yeltsin of the need to adopt the law on a referendum as the first practical step of the new parliament. It is obvious that such a decision made it possible to overcome many negative consequences that were the result of unprecedented political processes that took place in society in the early 1990 s. in the last century. The creation of a mechanism for holding referendums allowed the head of state to largely maintain control over the development of the situation in the country. We note the simple language of narration that is accessible to the reader, the book contains the author's assessments of legal battles that are tough in their content, emotionally colored political clashes, capacious, but at the same time objective characteristics of statesmen and public figures are given. It can be said that the author, with his work, became a forerunner for those who dare to write such memoirs, especially when it comes to such a difficult period, which began with the events of thirty years ago

This article explores the concept of intellectual rights, introduced by Part 4 of the Civil Code of the Russian Federation to denote the totality of intellectual property rights. The author argues its independence among subjective civil rights not only from property rights, but also from the rights of personality. The development of European Civil Law of the XIX century that led to steady decline of the proprietary theory of intellectual property, simultaneously led to the formation of the theory of personality rights in relation to artistic work. This theory, which understood the work as a continuation of the author’s self, still exerts its influence upon Russian Civil Law and leads to the confusion of intellectual property with inalienable attributes of personality (intangible goods) in the system of objects of civil rights.

The article is devoted to the issues of legal regulation of payments levied in order to implement the principle of payment for nature management (the so-called “environmental payments”), as well as the analysis of the effectiveness of various models of embedding non-tax and tax fees in the economy of the Russian Federation and foreign countries. The relevance of the study is due to the invariance of approaches used in world practice to the development of state management policy in the field of reducing the negative impact on the environment in general with the use of ecological and economic incentives aimed at ensuring rational use of natural resources in the activities of economic entities, in particular. The purpose of the study is to study the impact of environmental payments on the effectiveness of environmental protection activities and to consider the prospects for the development of their stimulating role in order to ensure rational use of natural resources, as well as to reduce the anthropogenic load on environmental components. The achievement of this goal is ensured through a comparative analysis of the best foreign practices in terms of legal regulation of the implementation of the principles of “polluter pays”, “payment for environmental management”, as well as through the formation of directions for improving Russian legal regulation in this area using a comprehensive economic model combining fiscal, compensatory and incentive functions aimed at improving environmental and economic efficiency environmental policy. Based on the review of trends in the legal regulation of the “polluter pays” principle, the authors conduct a general theoretical characterization of payments for negative environmental impact and propose directions for improving the development of the institute of rational nature management. The article substantiates the conclusion that when choosing an economic model for the implementation of the principle of payment for environmental management and compensation for environmental damage, attention should be focused on stimulating responsible environmental management. This will make it possible to increase the efficiency of managing the environmental and economic activities of economic entities, including through their motivation to transform production processes using low-carbon, energy-efficient and other “green” technologies. In the course of the research, the authors used legal methods of normative legal formalization, comparative jurisprudence, legal modeling, as well as general scientific methods - system analysis, deduction, analogy, synthesis, etc.

Analyzing the impact of modern technologies on the criminal process, the authors come to the conclusion that automation and digitalization of criminal procedural activities will not lead to a positive result if the inaccuracies, gaps and contradictions in the current legislation that create difficulties in current law enforcement activities are not eliminated. Taking into account the upcoming automation and digitalization of the criminal process, it is proposed to rethink and define some procedural terms and institutions in a new way, including such as reporting a crime, reasons and grounds for initiating a criminal case, pre-investigation check, criminal case.

The etatogenetic views of P.A. Kropotkin,pulsating from factor to factor, did not differ in clearly expressed monism. Despite the volatility of the composition of the factors of state formation, elite needs and goals, violent activity of elite groups, primarily military, in relation to urban and rural communities, have always remained a priority. In the same direction, pursuing the same goals as the soldiers, judges and legists acted, using Roman-Byzantine law to ensure the emerging political domination of the elites. Although the idea of the military origin of all European states of the modern era is less noticeable in the construction of factors of state formation than in the concept of “military states”, it is, in essence, a convincing evidence of their violent nature. With this interpretation of the process of state formation, P.A. Kropotkin's etatogenetic concept is not a judicial or legal concept of the origin of the state, but a special version of the theory of violence.

In the absence of a universally accepted definition of Big Data, its attributes are described in the current literature. The Big Data processing is still outside the legal frameworks, so the most significant legal problem is the “contact” with personal data, for which rules have already been established. Any violations in this area directly affect Human Rights, especially the right to privacy. In the case of Big Data, privacy is increasingly seen as an economic right and personal data as having economic value. The need to respect the right to privacy puts the data subject at the center of the legal construction of legal access to personal data who expresses informed consent to operations with his personal data.In the context of Big Data processing, it is necessary to select a more appropriate and dynamic model of informed consent. Although data as such is unlikely to be a right of property object, it should be protected through other mechanisms, such as those aimed at ensuring accountability. It is the development of accountability mechanisms that is becoming one of the main directions in the Big Data regulation.

The article highlights the comparative analysis of the conflict-of-laws regulation of intellectual property rights in international, European and Russian law. It is concluded that lex loci protectionis as the main conflict-of laws rule in this area has an ambiguous interpretation, cannot be recognized as lex fori – the law of the country where the competent court is seated, but should be generally understood as the law of the country where the legal protection of the relevant intellectual property object is provided. In addition, in some cases it seems reasonable to apply lex loci originis, lex loci actus and lex loci delicti, as well as lex voluntatis and lex loci solutionis – to contractual relations. In the case of non-contractual infringement of intellectual property rights granted and protected on the territory of several states, including on the Internet, the key issue is to establish the closest connection of the civil legal relationship with a particular state, taking into account various factors (the place of origin or registration of an intellectual property object, the place of committing infringement, the place of occurrence of negative consequences for the intellectual right holder, the orientation of a website to a specific state, the location of a competent court, etc.).It is also argued to enshrine the provisions on the intellectual property statute in Section VI “Private International Law” of the Civil Code of the Russian Federation, including the following issues of its scope: a) authorship; b) types of protected intellectual property objects; c) requirements for the legal protection of intellectual property objects, including registration issues and other formalities to be executed; d) the types, content and effect of intellectual rights arising in relation to intellectual property objects, including the restrictions provided by law and the duration of legal protection; e) the emergence, exercise and termination of intellectual rights, including permissible ways of disposing of them; f) non-contractual protection of intellectual rights.

The article compares the Medina Agreement of 622 A.D. and modern Arab constitutions in the light of human rights issues. The Medina Agreement did not have a significant impact on the subsequent constitutional development in the Arab world, however, as the author shows, questions of the legal status of a person arise in Islam immediately after the Hegira. Muhammad strove to reconcile among themselves the representatives of different confessions (Muslims, Christians and Jews) who inhabited Medina at that time, and to establish the state on a solid foundation of true faith. A similar problem exists in Arab countries today, when, on the one hand, Islam is declared the state religion, and on the other, freedom of conscience is declared, subject to respect for the laws, morals and customs of a particular state.

In the article, the authors seek to answer the question of how the Versailles system influenced the development of the Soviet-Polish conflict as a factor that constituted the process of state-building in a number of western regions of the former Russian Empire. The authors conclude that the Versailles system not only did not solve the problem of dividing borders in Eastern Europe, but also intensified the confrontation between Poland and the RSFSR. One of the main problems – the problem of Ukraine’s statehood – has not been solved within the framework of the Versailles system, this was largely the result of France’s tough pro-Polish position. The authors show that within the western territories of the former Russian Empire, there was a clash of different doctrines of state-building in the conditions of Modern times, these doctrines reflected the nationalism of Eastern European peoples, the concept of a Marxist proletarian state and the concept of Western democracy exported from the United States and Great Britain.

According to the authors of the article, in the field of intellectual property, it seems appropriate to use the term “management” as more established in domestic and world practice. Such a term will be the most understandable for applicants, which is important in the conditions of modern integration processes and the number of applications submitted by foreign persons remaining at a high level

The article is a review of the speeches of the participants of the Second All-Russian Scientific and Practical Conference with international participation “Agrarian Law in the 21st century: traditions and prospects of development (Kozyrev Readings)”. Topical issues of legal regulation of agrarian relations in the context of new challenges and threats were widely discussed at the Conference. In the speeches of many participants, the increasing role of agrarian and legal science and agrarian and legal regulation in modern conditions of ensuring food security in Russia was noted. Among the most pressing problems were the problems of environmental protection in the field of agricultural production, ensuring the safety of agricultural products (including organic), state support for farmers, rational use of agricultural land, effective management of the land fund, development of agrotourism and rural areas, and others.

The second edition of the reviewed book continues the research of the meaning of justice in the context of fairness, conducted by Professor M.I. Kleandrov. The review contains an analysis of the additions made to the monograph. In particular, the historical aspects of the appearance of fairness in human life are considered, subjective factors affecting the fairness of judicial acts are evaluated, etc.