No 8 (2024)

The article is devoted to the Soviet and Russian statesman, legal scholar, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the RSFSR Veniamin Fedorovich Yakovlev. The paper presents the main stages of life and work of the statesman and scientist, as well as reveals his contribution to the development of Civil and Constitutional Law, the construction of a system of arbitration courts in the Russian Federation. The main attention is paid to scientific activities on the development of the law on cooperation, the preparation of a regulatory framework for the democratization and reform of the economy of the Soviet Union, as well as the development of a fundamentally new system of arbitration courts of the Russian Federation for our country. The contribution of V. F. Yakovlev to the preparation of the draft of the Constitution of Russia and the Civil Code of the Russian Federation is revealed.

The article is devoted to the publication of a monograph by Corresponding Member of the Russian Academy of Sciences, Director of the Institute of State and Law of the Russian Academy of Sciences A. N. Savenkov “Philosophy of Law and the formation of the Russian state-civilization”. In the Russian scientific literature, this is the first study where an attempt is made to show national legal consciousness (in the form of philosophy of law) and Russian statehood as a single inseparable synthesis, as an organic spiritual and practical integrity. The main feature of the book is the consideration of the Russian Philosophy of Law as a phenomenon of national legal consciousness, as the spiritual core of Russian statehood. The monograph shows a wide panorama of Russian and European history, the struggle and the interaction of ideas, values, concepts and schools. The article reveals the author’s approaches concerning the formation of the ideology of the modern Russian state based on the ideological heritage of the Russian Philosophy of Law.

The article examines the issues of the development of historiographical studies of political and legal doctrines from the point of view of clarifying the role and significance of the relevant results in modern legal science, as well as the problems of improving the methodological foundations of the formation of the Russian historiographical model of political and legal knowledge. The study shows that the lack of developed and consistent models of historiography of political and legal doctrines in foreign and domestic legal literature is associated with certain interpretations of historical knowledge and cognitive principles, the rejection of historicism in the social sciences, which was established and spread especially in the twentieth century in Western European literature, the undeveloped types of development of national literatures covering the issues of origin and development of political and legal knowledge. In terms of improving approaches to historiographical research of political and legal knowledge, the possibilities of a deeper study of the influence of socio-religious consciousness, genre features, plots and means of expression, linguistic characteristics of the works of scientists and other studied texts are indicated. In the methodological direction, an important role can be played by referring to the constructs formed in the Russian philosophical literature, in particular the works of P. A. Florensky.

The article analyzes the dynamics of moral imperatives of Russian constitutionalism as moral principles or rules, categorical requirements, commandments or norms, according to which the multinational people of Russia build their way of life. The article argues the need to overcome the moral neutrality of public power, enshrined in the Constitution of the Russian Federation in 1993. Particular attention is paid to the change in moral imperatives after the reform of the Constitution of the Russian Federation in 2020. Namely, the love for the Fatherland, based on patriotic education, preservation of the memory of ancestors who passed on to us ideals and faith in God, on the protection of historical truth and all-Russian cultural identity; recognition of continuity in the development of the Russian state; reliance in social development on traditional spiritual and moral values.

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.

This article is devoted to the analysis of the legal positions of the Constitutional Court of the Russian Federation, formulated in its regular decisions in the field of intellectual property regarding the qualification of other forms of unfair competition, the administrative-judicial procedure for the protection of intellectual rights, the procedure for paying remuneration to authors of service objects of patent rights. It should be assumed that certain legal positions of the Court are not formulated quite correctly. In addition, it is concluded that certain legal positions contain rules of law, although of a temporary nature, the adoption of which is not within the competence of the Constitutional Court of the Russian Federation.

The article presents the results of a comparative analysis of the formation of the upper chambers of parliaments in twenty federal states. The dependence of the representation of the subjects of a federation in the upper chamber on the method of formation of the latter is noted. There are four main ways. The influence of the method of forming the second payment on the degree of communication between senators and the subjects of the federation is shown. The article substantiates the position that this connection is the strongest in cases when the subjects of the federation themselves delegate their representatives to the upper chamber. It is argued that there is no linear relationship between the method of formation of the upper chamber and the scope of its powers. The latter depends on the institutionalization, which is based on the political interests of the ruling groups.

The actualization of the stated issue is due to the widespread dissemination and recognition of judgments about the uselessness of philosophy for branch juris-prudence. The rooting of such reflections in criminal law has led to the need to verify their validity and the reasons for their appearance. The subject of clarification also be-came the consequences for science and practice as a result of the rejection of philosophy. According to the results of the study, it was revealed that the denial of philosophy is not associated with abstraction and abstraction as its inherent properties. Distancing oneself from it is a sure sign of the pathology of criminal law thought itself, based on the principles of positivism. Philosophy is often used by science to cover its own abstraction from reality and to conceal the presence of this anomaly in its ranks. The detachment from philosophy actually hides one of the forms of the departure of jurisprudence from reality and from man as its creator.

The adoption by the population of the Donetsk and Lugansk People’s Republics, Zaporozhye and Kherson oblasts at referendums on September 27, 2022 of decisions to join the Russian Federation within the framework of the procedure for self-determination of peoples poses the task of legal science to comprehend the existence of legal grounds. In doctrine and international practice, as a basis for secession, it is stated that the territorial integrity of states corresponds to the obligation of these states to respect the generally recognized rights and freedoms of man and citizen. Failure to comply with this obligation by the state, that is, violation of human rights against indigenous peoples, can serve as grounds for secession. In this work, the authors examine the prerequisites for self-determination, largely expressed in non-compliance and violation of human rights in relation to the indigenous population of the Donetsk and Lugansk oblasts of Ukraine (since 2014 – the Donetsk and Lugansk People’s Republics, respectively), Zaporozhye and Kherson oblasts, which served as an indispensable the basis for self-determination of the people of these territories.

In the article on the basis of statistical methods, the use of the term “autonomy of will” in judicial acts by the law enforcement officer is characterized. It is noted that the meaning of the relevant legal category is not sufficiently defined, which is the reason for its relatively rare (in comparison with “freedom of contract”) use in the texts of court rulings. Amendments made to civil legislation concerning decisions of assemblies, pre-contractual relations and the procedure for changing and terminating multilateral agreements are interpreted as the result of a change in the legal paradigm supported by a legislator. Deeply realized over the years of the functioning of the market economy, reinforced by data from related fields of scientific knowledge, the ability to regulate public relations in a decentralized manner by the will of many people has changed the ideas about the nature of the autonomy of participants in civil turnover, the nature of centralized regulation of public relations and the meaning of legal norms.

Modern economic relations objectively need legal regulation of the procedure of termination of activities of those participants of turnover, who were unable to continue it due to deterioration of their property status. Due to the prevalence of participation of individual entrepreneurs in economic activity, they may also be among the insolvent subjects. These circumstances cause the need to study the specifics of insolvency (bankruptcy) of individual entrepreneurs, including in the context of forming the practice of application of the relevant legislation. Based on the analysis of the specifics of the legal status of an individual entrepreneur as a participant of property turnover, the purpose of legal regulation of insolvency (bankruptcy) of entrepreneurs, the conclusion is made about the possibility of singling out an independent institute of insolvency (bankruptcy) of entrepreneurs, institute of insolvency (bankruptcy) of an individual entrepreneur, it some principles are defined. When identifying the branch affiliation and place of this institute in the Russian legal system, it is defined as an arbitration-procedural legal institute. The peculiarities of the legal status of an individual entrepreneur also determine the necessity of fixing somewhat different approaches to the regulation of insolvency of these subjects compared to those that should be applied to ordinary citizens. The author concludes that it is necessary to fix as a general rule the obligation of the entrepreneur to repay the outstanding debt after the end of bankruptcy proceedings, as well as to establish the possibility to be released from this obligation only in a declaratory procedure.

The article considers the means of combating terrorism: the expansion of cooperation with other states to counter terrorist acts, as well as the legislative activities of the state in the field of countering terrorism. In order to substantiate crimes that include the basics of terrorist activity, the legislation of the Russian Federation has been analyzed in the most detail. It is noted that a systematic approach is needed in the activities of public authorities aimed at developing and implementing comprehensive measures to effectively prevent terrorist crimes.

The article deals with issues related to ensuring and protecting free competition in the most important areas such as unfair competition, advertising and tariff regulation. The author gives a general picture of the state of protection and ensuring free competition in these areas, defines the areas of activity in this area and describes the structure of encroachments on competition. The article uses of official statistics and the practice of the Federal Antimonopoly Service on the implementation of inspections, provides examples from practice.

The article substantiates the judgment that in relation to that in relation to the theories of constitutional interpretation in the United States, paradigms constructed according to the type of binary opposition (originalism –the concept of natural law), are clearly insufficient. Therefore, private legal theories, which are theories of constitutional interpretation of the United States, should take into account the basic principles and institutions, doctrines of the branch of Constitutional Law of the United States: the concept of a “living constitution”, the theory of judicial precedent, procedural aspects of Constitutional Law, structuralist theories.

The article is devoted to a comprehensive historical and legal analysis of the prerequisites for the formation of the Yekaterinodar city orphan Court at the end of the XIX century. and an assessment of its practical activities. In particular, the paper examines the peculiarities of establishing guardianship and guardianship over minors in the Kuban in the pre-reform period, as well as reveals the socio-political reasons explaining why the activities of orphan courts at the end of the XVIII – first half of the XIX century were not provided for in military Cossack settlements. Only since the second half of the XIX century. Conditions for the formation of these organs are beginning to form in the Kuban region. So, in 1886, the city orphan court was established at the Yekaterinodar District Court, from among the burghers and merchants. The article analyzes the features of establishing guardianship and guardianship over minor citizens of Yekaterinodar in the late XIX – early XX century. The author comes to the conclusion that the formation of the Yekaterinodar City Orphan Court was predetermined by the action of the reforms of Alexander II, eliminating the imperative, monosyllabic principle of the functioning of administrative and judicial institutions in the Kuban.

The article provides an overview of the International Conference “The Russian statehood and challenges of the XXI century”, dedicated to the 30^th anniversary of the Constitution of the Russian Federation and the 40^th anniversary of the Department of State and Legal Disciplines of the Academy of Management of the Ministry of Internal Affairs of Russia.

The forum was held in a mixed (face-to-face and online) format on three discussion platforms (a plenary session, the round table and the rostrum of the young scientist).

The article presents a review of the fundamental monograph by S. Yu. Chucha, dedicated to the problems of ensuring and protecting social and labor rights in the context of transformation of the sphere of labor and employment in modern conditions. The reviewer characterizes all six sections of the monograph and then discusses some controversial issues. In particular, the scientific discussion concerns the historical stages of the origin of the branch of Labor (employment) Law, the expansion of the subject of Labor Law through Civil Law, some aspects related to the use of platform labor, remote labor and artificial intelligence technology.