No 9 (2024)

The article analyzes the work of the famous Russian legal scientist, academician E. B. Pashukanis, whose name is most directly connected with the formation of the Soviet theory of state and law, the solution of important issues of doctrinal support for state building in the 1920s – 1930s and the formation of the Soviet legal system. The focus of this study is on the main problems of the content, nature and focus of E. B. Pashukanis’ legal views, the place of his exchange theory of law in the history of political and legal thought. From a methodological point of view, it is important to use modern historiographical approaches to illuminating and analyzing the history of political and legal thought, which allows us to show the specifics of the legal views of an outstanding Soviet lawyer not only as a moment of formation and development of the Soviet theory of states and law, but also from the perspective of continuity and novelty relative to predecessors and contemporaries, in the light of foreign sources, clarification semantic characteristics of scientific language in his works. Along with the methodological aspects, the novelty of the study also lies in the significant clarification of some basic provisions of E. B. Pashukanis’ legal ideas, related, in particular, to the idea of the “extinction of law” in the conditions of the victorious proletarian revolution and the construction of a socialist society, focusing on the theoretical and cognitive techniques of German lawyers of the second half of the XIX century.

The article analyzes the role of the Russian Academy of Sciences in the memory politics in Russia. It evaluates strategic planning documents at the federal level from the point of view of the potential for participation of the Russian Academy of Sciences in the memory politics. The author shows the ways of participation of the Russian Academy of Sciences in the institutional and instrumental foundations of the memory politics. The article concludes that it is necessary to improve Russian legislation in terms of increasing the significance of the role of the Russian Academy of Sciences as a participant in the implementation of the memory politics. From the author’s point of view, the following directions are promising: increasing the role of Russia in the scientific space, promoting the Russian civilizational model of development abroad, popularizing the scientific achievements of Russia, conducting scientific research aimed at counteracting the falsification of historical truth, developing a historiosophical model of political and legal knowledge in Russia. It is necessary to expand the expert functions of the Russian Academy of Sciences in terms of carrying out the examination of educational and historical educational programs, textbooks and scientific and methodological literature on history.

The article discusses the problems of developing and improving historiographical approaches to the science of Criminal Law, which are a necessary prerequisite for strengthening and developing the philosophical and legal component in the structure of the scientific nature of Criminal Law. Insufficient attention to the problems of historiographical and philosophical legal studies of criminal law affects the general state and nature of this field of knowledge and social practice. A substantive and constructive-critical study of historiography and relevant contexts in the field of Criminal Law science shows the possibilities of significantly supplementing traditional ideas about the doctrinal content, conceptual structure, as well as the direction of development of the science of Criminal Law, which, in the context of the formation of the architecture of the modern multipolar world, should strengthen its cognitive and explanatory capabilities, demonstrate the stability and independence of domestic science. This is a conceptual understanding, in the terminology of P. A. Florensky, of the genetic series in the conceptual, linguistic and ideological-institutional environment of the science of Criminal Law, the nature and types of development of national criminal law literatures.

The article on the basis of a significant body of sources and research carried out a historiographic analysis of the genesis of Russian civilization in the historical and legal paradigm. The historiographic concept takes into account the main civilizational signs, allowing you to analyze the features and diversity of civilizational models reflected in the works of various authors, including representatives of national schools. The historiographic approach made it possible to compare the views of various authors on a number of historical and legal problems regarding the genesis of Russian civilization, which are debatable. Particular attention is paid to the ratio of the concepts of “civilization”, “state-civilization”, “civilization space”; the views of scientists, politicians, public figures on the peculiarities of the development of Russian civilization are analyzed.

In the final, fourth, part of the article, published in 2024 in the journal “State and Law”, certain results of the problems considered in its first three parts are summed up (part 1 – “Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?” (No. 3); part 2 – “On problems of disciplinary responsibility of court heads” (in two sections) (No. 4, 5); part 3 – “On the disciplinary responsibility of retired judges” (No. 6)). Conclusions are drawn about the imperfection of this mechanism with specific examples of law enforcement (and especially judicial) practice, including those caused by the imperfection of legislation in the area of public relations under consideration. Specific, including radical, proposals are being made aimed at improving and increasing the effectiveness of both the named mechanism as a whole and its individual links.

The article examines the nature and main characteristics of the notarial legal relationship. The notarial legal relationship is considered as a kind of social relationship associated with the organization and functioning of the notary in Russia. Accordingly, a notarial legal relationship can be considered both in a narrow sense (relations between a notary and persons who applied for a notarial action), and in a broad sense, which also includes relations between notaries and notary chambers. Based on the comparative legal method, the author analyzes the theoretical foundations of civil procedural and notarial legal relations. It is proved that the notarial legal relationship is of a public law nature and of a substantive nature, due to which it cannot be attributed to procedural activities, and at the same time cannot be considered as a civil legal relationship. The obligatory subject of a notarial legal relationship (in the narrow sense) is a notary who performs a notarial act. The content of the notarial legal relationship is the rights and obligations regulated by Russian legislation on notaries and the Regulations for performing notarial acts.

The article notes the undeniable scientific value of the new monograph by Professor I. M. Ragimov, rich in extraordinary thoughts, which is also manifested in the fact that from its pages the author speaks not only and not so much about something within the scope of the subject of research, but mainly something meaningful in the field under consideration. The advantage of the monograph is also seen in the fact that the author, considering certain theological or historical aspects of crime and punishment, reveals to the reader previously unexplored facets of these teachings in the Scriptures, demonstrating his brilliant knowledge of both the fundamental provisions of the Old and New Testaments, the Koran, the Vedas and the Tripitaka, as well as such monuments of the legal culture of antiquity, like the Laws of Hammurabi, the Code of Ur-Nammu, the Laws of Manu, etc., excerpts from which are harmoniously woven into the fabric of the text of the work. At the same time, analyzing certain moral and legal views of the Bible, I. M. Ragimov proceeds not only from his own understanding, but also from the postulates of general, comparative and dogmatic theology, which testifies to the author’s extensive knowledge in the field of scholastic church teaching about the Almighty and the dogmas of faith. Another distinctive feature of the reviewed book is that, for all the scientific intensity of the title, its content is much broader and richer. In particular, considerable attention is paid to purely criminological aspects, including the role of Abrahamic religions in preventing certain types of crimes, minimizing deviant behavior in society, forming the idea of proportionality of punishment for what they have done, etc.

The article is devoted to the issues of the emergence of related rights through the prism of the retroactive aspect. The work uses historical, comparative legal and formal legal methods. Based on the analysis of the legislation of the USSR and current judicial practice, it was revealed that in relation to related rights, the axiom “the law has no retroactive effect” is valid without any exceptions. Related rights to the relevant results of intellectual activity could arise only after the amendments made to civil legislation in 1991. The problem of protecting authors and copyright holders of related rights in the event of the emergence of a new information and telecommunications network is identified, and options for its resolution are proposed.

The problems of using an interdisciplinary approach to protect labor and social rights are considered. Legal regulation of labor, which is inextricably linked with the personality of a worker, requires reliance on knowledge of the sciences about man and society. The legal institution of labor protection, formed contrary to or without taking into account technical standards, will not achieve the goal of creating safe working conditions. Sectoral labor legal protections for effectively achieving results in the field of labor migration, creating a comprehensive system for protecting the life and health of an employee during working life, protecting workers in the event of an employer’s insolvency, implementing the constitutional guarantee of respect for the working person, etc. must achieve intersectoral and interdisciplinary harmonization. At the same time, the author proceeds from the fact that Labor Law both has an interdisciplinary impact on other branches of law and itself is improved under their influence. Labor and social standards must undergo interdisciplinary verification at the stage of their formation by the legislator. It is proposed to make it mandatory to discuss all bills containing norms regulating labor and social relations in the State Duma Committee on Labor, Social Policy and Veterans Affairs and the Federation Council Committee on Social Policy, as well as in the Russian Tripartite Commission for the Regulation of Social and Labor Relations, even if in general these projects belong to a different industry.

The article characterizes the situation in the theory of Criminal Law in connection with the addition of the Criminal Code of the Russian Federation Article 263¹, which provided for liability for violation of transport security. The debatable issues of the legal nature of the crime, its object, the legality of the recognition by the legislator of the act as a transport crime are analyzed, the ratio of the latter and the specified encroachment is revealed, in particular, the features of the content of the signs of their compositions are characterized, including the difference between transport security and transport security. The negative impact of disputes in criminal law theory on judicial practice is shown.

Russia’s Arctic zone plays a key role in the development of energy resources on the world stage. At the same time, the development of the energy sector of the economy is associated with solving the tasks of the national security of the Russian Federation. The effective solution of these tasks is possible due to the more active use of the tools offered by the “green” economy and alternative energy, which requires a significant modification of legal regulation. However, at the moment, a complete replacement of the raw hydrocarbon sector in the world, according to researchers, seems impossible. Today, the main engine of the development of the Russian Arctic is precisely the raw energy sector, and the global economy is based mainly on energy, which is produced from mineral resources.

The development of energy in the Arctic zone depends on the level of industrial safety. Industrial safety can be understood as the state of protection of personal interests (vital and property), as well as public interests (society and the state) due to the system of industrial safety management provided for by legislation. The industrial safety management system and the Institute of Civil Liability Insurance for owners of hazardous facilities is a comprehensive mechanism for preventing accidents and neutralizing their negative consequences at hazardous facilities, which is especially important for the Arctic zone of the Russian Federation. The main problems of the implementation of this mechanism and the ways to solve them are outlined.

The authors of the article analyze the current trends in the development of the doctrine of Information Law and information legislation in the context of updated tasks for the scientific and technological development of the Russian Federation. It is noted that in the context of the development of an information society based on the digital economy and the data economy, the transformation of law is taking place, which is largely facilitated by the active evolution of Information Law, the expansion of its subject due to the rapid formation of digital law as a basic institution (an emerging sub-sector) responsible for the features of legal provision of information processes and phenomena in digital form.

It is within the framework of this industry that legal support for the digitalization of society takes place both at the expense of basic information and legal norms governing the basic provisions (principles of regulation of digital relations, the regime of digital data and other objects of the digital environment, the legal status of subjects of the digital environment, as well as other legal aspects that reflect the essence of the digital form, the application of which is universal and can be applied in law in general), as well as through industry-specific digital norms developed and adopted within a particular branch of law, reflecting the specifics of the implementation of digital processes in relation to a specific area of public relations, regulated by the relevant branch of law. The main directions of scientific and technological development and the tasks of Information Law are also studied. The authors note that the scientific and technological development of Russia today is based on a number of principles that are important to take into account in the development of information legislation and the science of Information Law. Modern information processes and technologies directly permeate and ensure the functioning of all priority areas of scientific and technological development and are part of or ensure the application of all the most important high-tech technologies. In this regard, it is important to work out and consolidate at the theoretical level in information legislation mechanisms that contribute to the effective implementation of the accelerated development and introduction of these important knowledge-intensive technologies into the economy, including within the framework of national projects to ensure technological leadership.

As a result of the analysis of critical and end-to-end technologies, it was revealed that the main emphasis in the development of information legislation and the doctrine of Information Law should be placed on the formation of models for regulating the use of artificial intelligence technologies in economic sectors, the social sphere (including the sphere of public safety) and in public authorities, including the development of regulation of robotics, as well as microelectronics technologies and photonics for information storage, processing, transmission and protection systems, technologies of secure quantum data transmission systems. The authors draw a number of conclusions about the development of the principles of regulation of artificial intelligence, as well as the prospects for the development of legal regulation of the field of robotics.

The analysis is given of the discussed problems of Information Law at the Seventh Bachilov Readings, held in 2024 at the Institute of State and Law of the Russian Academy of Sciences.

On the European continent, cultural heritage is seen as an aspect of the new “culture of memory”. Since the mid-1980^s, one of the directions of the European integration has been cultural policy, and cultural heritage has become an integral part of the identity of EU citizens. However, cultural heritage has only recently begun to be considered in the context of historical consciousness. The article shows the main tools of the EU cultural policy, oriented towards the formation of critical historical consciousness in the light of Europe’s contradictory history.

The article presents an analysis of the development of public economic management in Russia, and in the form of several stages. Analyzing each of the stages, the author identifies administrative and economic methods and shows their positive and negative sides. When preparing the article, the historical and legal method, methods of synthesis and analysis, empirical, dialectical, logical and other methods of cognition were used. In conclusion the author’s conclusions are formulated.

The article analyses the legislative regulation of the mechanism of appeal to the Financial Commissioner before filing a complaint to the court, its procedural aspects and consequences of non-compliance with this preliminary procedure. Notwithstanding the general conclusion that this method of dispute settlement is useful, including, inter alia, a period for recourse to judicial bodies, shortcomings have been noted that would unnecessarily complicate the procedure and, in some cases, make it a meaningless exercise. Based on the case law, it has been proposed to simplify the procedure for recourse to the court in situations where a dispute is known to be impossible to resolve without the involvement of the court.

The review of the conference offers views on law that are widespread in Russian theoretical and legal science. The outstanding role of the founder of German classical philosophy I. Kant in the formation of the Philosophy of Law is noted. His idea of a categorical imperative is aimed at creating a model of a state governed by the Rule of Law, where a person is declared not only a means, but also a goal. Kant is one of those who formed the metaphysical Philosophy of Law, i. e. the branch of knowledge that creates semantic models in the world of political and legal reality. The influence of Kant on the Russian and European Philosophy of Law, the importance of his ideas for modernity is shown.

A review of the collective monograph “Interpretation of Law has been published: classics and postclassic” edited by E. N. Tonkov, I. L. Chestnov, the authors of which continue the discussion about the object and purpose of the interpretation of law, the role of the interpreter in the process of interpreting law, assessing the possibilities to verify the current rules of interpretation. The monograph confirms the prospects of a postclassical research program and the importance of researching specific problems of legal science based on postclassical methodology.