No 11 (2024)

The article discusses the problems of improving historiographical approaches to the coverage and interpretation of political and legal doctrines. The purpose of the study is to review and summarize the key problems of a general theoretical, methodological and special nature arising in connection with the modern dynamics of the development of the science of the history of political and legal doctrines. As a condition for the formation of universal or universal approaches to the historiography of political and legal thought, which have a generally significant character, a detailed and deeper elaboration of questions about the nature, content and focus of national literatures and other relevant sources is considered, which make it possible to draw up a cultural portrait of the type of development of national political and legal thought and literature covering it. At the same time, taking into account the peculiarities of national models of reconstruction of political and legal thought, it is necessary to pay closer attention to the explanation and interpretation of the concept of law, the use of disciplinary forms of mastering the subject of legal science, a conceptual series in which the main contours of the subject of the history of political and legal thought are fixed, as well as the presence of fundamentally different types of attitude to theoretical knowledge as such (for example, in the face of Anglo-American pragmatism). The study draws attention to fundamentally different methods and forms of describing the history of political and legal thought and its various plots in terms of their literary composition, means of expression, the nature of the existential-linguistic connection, and cultural features.

The article examines the essence and typology of ideological distortions in the historiography of political and legal doctrines. Based on the achievements of the philosophy of science, the author proceeds from the impossibility of completely eliminating the ideological factor in historical and legal studies. At the same time, the task of the history of political and legal doctrines is to identify and neutralize ideological distortions. A distinction is made between ideological distortions, errors and scientific fraud. Attention is drawn to the high degree of ideologisation of the Russian legal doctrine. The typology of ideological distortions includes: Eurocentrism, legal idealism, political and legal chauvinism and ethnonationalism, methodological monism, postmodernist passion for the rejection of the search for truth, etc. Finally, the study proposes a methodology for identifying ideological distortions.

The enactment of the Criminal Procedure Code in 2001, in which the adversariality principle was fixed, catalyzed discussions on the essence of adversariality principle, on its normative display and its role in law-enforcement practice. The article deals with adversariality models, reflected in various forms in legislation due to the different historical periods: from the Statute of Criminal Proceedings of 1864 to the Criminal Procedure Code of the Russian Federation. The author describes the developing theoretical views on adversariality and procedural functions, reflecting as well in procedural legislation due to the expression of adversariality principle. The large focus is on the current criminal procedure rules to determine whether adversariality as a constitutional principle of criminal procedure correlates to concrete normative provisions about acting parties of criminal proceedings. The author affirms that adversariality per se displays itself entirely within the judicial activities, however it should be treated as a principle for the whole criminal procedure, because of its meaning and the role for achievement of criminal proceedings goals.

The authors analyze the humanitarian potential of the Constitution of the Russian Federation, the inclusion of spiritual and moral values among the constitutional ones. The position of the authors in assessing the value orientations of the Constitution of Russia through the prism of the priority of the spiritual over the material is supported. Many advantages of the work are noted, including the metaphorical thesis that, within the framework of deconstructing the cultural code of Russia for the Russian people, the idea of the constitution is historically removed from the Platonic (philosophical) meaning and approaches the meaning of God’s providence. The proposal for a “soft” transformation in Russian legislation of a legal provision including tolerance into a provision on religious tolerance is critically evaluated. The thesis is argued that behind the call for religious tolerance lies the moral neutrality of public power, which has already destroyed Western civilization, and overcoming which is the primary task of Russian constitutionalism. It is proved that the reviewed monograph is a successful presentation of a coherent system of civilizational foundations of Russia – constitutionally fixed traditional Russian spiritual and moral values, a conceptual presentation of value orientations for the further development of the Russian state.

The article examines the right to human biological safety in relation to other human rights. It is noted that biological safety is one of the new types of safety that require coordinated individual and collective protection. The peculiarities of the nature and content of the right to biological safety in relation to the fundamental rights to life, to health protection and to human integrity are revealed. The functional role of the right to biological safety in the human rights system of the new generation is revealed. The place of the right to biological safety in the bio-rights system is revealed. Attention is drawn to the binary relationship between the right to biological safety and the duty to take care of one’s health. The conclusion is formulated about the need to improve the legal regulation and institutionalization of the right to biological safety.

The article is devoted to the analysis of the provisions of the current civil legislation on immovable property. The article provides an assessment of the latest innovations, as well as discusses controversial issues related to the definition of signs of immovable things, the expediency of classifying subsurface areas and unfinished construction sites as real estate. Special attention is paid to the issue of the implementation of the concept of a “single real estate object” in domestic legislation. The author came to the conclusion that the introduction of recent changes to civil legislation in terms of expanding the list of objects of immovable things is due to a complex of reasons, primarily, the preservation of the dominant role of state ownership of land, as well as the current socio-economic state of the real estate market and does not indicate the refusal of the legislator to introduce the concept of a single real estate object into the domestic legal system.

In the article based on the identification and analysis of the historiographic context, a conceptual project for the development of legal regulation of social and labor relations is modeled through the historical reconstruction of domestic doctrinal approaches to the formation of the theory of labor relations. The undertaken review of the history of law illustrates the objective determinacy of the emergence of private-public social branches of law, including Labor. The decisive influence of domestic science and practice of labor regulation on the global development of labor law in the twentieth century, as well as the counter-implementation of norms and features of labor law in Russia in the transitional period are shown. The analysis of the historiography and main sources made it possible to substantiate the need for convergence of domestic theoretical models of labor relations. This makes it doctrinally possible to adapt to the subject of Labor Law the regulation of emerging and changing forms of labor organization, employment and social protection in the context of transitional hybrid and post-global law enforcement and legal regimes and the preservation of historically conditioned traditional-value constitutionalized fundamental labor and social rights and institutions of labor protection, social insurance and social partnership.

The article deals with the issues of the legal status of “military volunteers” taking into account the recent changes in the military legislation of the Russian Federation. On the basis of system and comparative legal analysis the legal nature of the contract on staying in a volunteer formation (on voluntary assistance in fulfilment of tasks assigned to the Armed Forces of the Russian Federation) is determined.

During the period of aggravation of economic and political confrontations with the collective West, caused by the imposition of many economic sanctions on our country and the commission of other extremely hostile actions designed to undermine the Russian economy, the concerted actions of various financial institutions are becoming particularly important. The article analyzes the legal problems of the implementation of a unified national financial policy. It is proposed to consider the totality of public financial institutions as a single financial mechanism acting in the name of common socio-economic tasks of the state and society. According to the author, the financial mechanism is a generalized approach to legally independent legal institutions of national finance, which requires additional efforts and solutions to harmonize their interaction.

The article examines the category of “legal responsibility” from the point of view of domestic and foreign legal science, and also assesses the possibility of its application to the characteristics of artificial intelligence as an autonomous volitional subject and the possibility of endowing it with delinquency. Researchers practically do not touch on artificial intelligence as an independent delinquent subject of law, despite the fact that forecasts of the development of this sphere of public relations for the coming decades (in particular, the creation and implementation of strong artificial intelligence) indicate the need to consider such a category and its potential legal consolidation.

The article raises the question of whether legal means to resolve issues related to memory policy are appropriate in order to build a social and political consensus around memories of the past related to national identity. Based on the experience of legislative regulation of memory policy in Spain, as well as individual examples of judicial decisions of the European Court of Human Rights, the difficulty and sometimes futility of attempts to separate purely legal issues from the complex historical evolution of the situation under consideration is shown.

The modern world is experiencing a deep value and worldview crisis, which is based on a crisis of legal understanding. The legal ideals that unite humanity and that humanity have suffered and been fighting for have been shaken by the policy of hegemony, the imposition of approaches and interpretations that have developed in the conditions of Western civilization in the absence of their consensus recognition. The need to form a new global legal paradigm based on respect for national identity requires the mobilization of domestic fundamental jurisprudence, including historical and legal science, which should ensure the continuity of state and legal development, the connection of traditional spiritual and moral values and the desire for progress. Based on the ideological heritage of S. V. Yushkov the article discusses methodological problems of historical jurisprudence, as well as approaches and solutions that can and should serve as a basis for strengthening and developing the history of the state and law of Russia in scientific and educational jurisprudence in modern realities.

In the article, the author analyzes the constitutional novelties of 2020, including the emergence of a unified system of public power, the replacement of members of the Federation Council with senators of the Russian Federation, the change in the status of these persons and the composition of the upper house of the Russian Parliament, and also notes the inconsistency of the Federal Law “On General Principles of the organization of public Power in the subjects of the Russian Federation” with the norms of Article 104 of the Constitution Of the Russian Federation in terms of the names of the legislative (representative) bodies of the subjects of the Russian Federation. Special attention is paid to the violation of legal technique in the text of the Basic Law of the country as a result of the changes made and the presence in the Constitution of the Russian Federation of both current senators of the Russian Federation and members of the Federation Council, who ceased to exist. As a change in the situation, it is proposed to resolve the existing contradictions with subsequent amendments to the Basic Law of the country and bring the Federal Law “On General Principles of the Organization of Public Power in the subjects of the Russian Federation” in accordance with the norms of the Constitution of the Russian Federation.

The article presents a brief overview of the reports of the participants of the I annual All-Russian Scientific and Practical Conference “Current problems of the Russian criminal process” on the topic “Institute of jurisdiction in criminal proceedings”, organized by the Department of Criminal Procedure, Justice and Prosecutor’s Supervision of the Law Faculty of Lomonosov Moscow State University. At the Conference, participants discussed issues of the procedural nature of jurisdiction, touched upon the problems of jurisdiction in military courts, as well as other important aspects of criminal procedural jurisdiction at the present stage of development of legislation and practice.

The review highlights the main provisions of V. N. Zhukov’s monograph “The unconscious and power: classical psychoanalysis”. The book examines the concepts of the classics of psychoanalysis (Z. Freud, K. G. Jung, E. Fromm, V. Reich, G. Marcuse, S. Moscovici), their ideas about the mechanism of influence of the unconscious part of the human psyche on institutions and processes related to power, politics, the state and law. Psychoanalysis is one of the most influential areas in psychology of the 20th century. Its peculiarity is that it can be a universal method of analyzing all social phenomena, including politics, government, the state and law. At the same time, it is pointed out the probabilistic, hypothetical nature of the basic provisions of psychoanalysis and, accordingly, its conclusions about the nature of political and legal phenomena.