No 12 (2024)

The article is devoted to the outstanding Russian legal scientist, specialist in the field of General theory of law and human rights Elena Andreevna Lukasheva, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Honored Lawyer of the Russian Federation. The article analyzes the importance of E. A. Lukasheva’s scientific works for the development of the national theory of human rights, her research on the normative and value nature of law and human rights, their place and role in culture, the potential of the concept of human rights in various civilizations and transforming societies. Information about the contribution of E. A. Lukasheva is provided wrote the Declaration of Human and Civil Rights in 1991, the first parliamentary document of the country establishing a catalog of basic human rights, democratic principles of the relationship between a citizen and the state, which became the basis of Chapter 2 of the Constitution of the Russian Federation. It is noted that Elena Andreevna is the first female lawyer elected to the Russian Academy of Sciences.

The research is devoted to clarifying the subject, sphere of competence and potential of historiosophy in general and historiosophy of law in particular as a cognitive discipline. The signs distinguishing it from philosophy and history are revealed. At the same time, the category of time is revealed, which unites the named objects, being the first and main – an unchangeable and end-to-end – phenomenon of being. The study of time in this capacity made it possible to define “now” and “always” as its main forms of manifestation, within which life takes place, including the life of legal reality. The definition of time as a guiding category of existence has made it possible for legal science to ask a number of meaning-burdening questions. In particular, should I give an answer about how the legislator manages time during rulemaking? Does it include the difference between “time” and “times” in the ranks of legal norms or institutions, does it oblige the law enforcement officer and other consumers of regulatory regulation to take it into account? Does the law instill in them immunity to temporary workers and oprichniks who have acquired legal power? What ultimately translates positive law to its addressees – conjunctural prohibitions dictated by the “rush of time”, or canons that are the standard of behavior “in all ages and times”? According to the results of the study, it is confirmed that the ontological coupling of theory and law belongs to the competence of the historiosophical approach, which is a transcendental questioning. This questioning forms a semantic integrity, in which “always” as an “extrahistorical presence” in history cohabits with “now” as with historical transience in an “extrahistorical dimension”. In relation to the law, this question finds out what is moving in it, and what remains unchanged? When and for what should the law be transformed, and when should it remain unchanged?

The article examines the problems of the formation of a modern historiographical model of political and legal knowledge, the possibility of its development as a Eurasian paradigm, for the positioning of which there are various past and modern ideological prerequisites. In the context of the spread of various distortions, arbitrary modifications and ideological restrictions in relation to other cultural and civilizational types of development in world history, traditional Western European patterns of legal historiography often turn out to be not only ineffective, but also harmful to ensure sovereign conditions for unlocking the potential and preserving the stability of the civilizational space of Russia. The best elements of historiographical approaches to law and the state accumulated in foreign thought must certainly be preserved, but above all serve to clarify the total capital of Russian and foreign political and legal thought, strengthen the positions of Russian science and literature in solving various kinds of reconstructive historical and philosophical problems.

The article examines the problems of legality and its various interpretations in the history of modern political and legal thought, following which not only forms approaches to understanding the very meaning of the relevant concept, but also is associated with a number of characteristic assessments of the role and importance of legality in public life, in the field of state-building, protection of human rights and freedoms. Depending on the interpretations of legality, an idea of it develops as a problem not only of a state-practical plan, but also a fundamental legal problem and a topic accompanying the evolution of political and legal thought from ancient times to the present day. Already in the ancient formula of legitimate justice, the requirement of combining law and law, the impossibility of arbitrary content of the law, is read. In the philosophy of law and the theory of law of the last two centuries, the problem of distinguishing and correlating legality and legitimacy has begun to replace traditional dualism in legal science and ideas about types of legal understanding. At the same time, in the logic of legality and legitimacy, the first is defined from the point of view of legal theory, and the second, as if simultaneously, from the position of political science or political sociology. With such a distortion of the principle of identity, disputes and disagreements are not only not solvable, but are also resolved using cognitive and explanatory techniques and means that are different in nature.

Comparative law is very multifaceted, has a huge not only theoretical, but also practical potential. In the context of globalization of legal reality, comparative jurisprudence acts as a tool for modern legal transformations. There is a huge potential in comparative legal research – from modernization of the legal map of the world, the integration of legal systems to the harmonization and unification of legislation.

Modern legal science is unthinkable without comparative legal research and rich potential of the comparative legal method. Comparative law begins with the comparative legal method used in various branches of law. Use of comparison as a research method by ancient and medieval philosophers and lawmakers was only a kind of starting point, a starting point. The emergence of comparative jurisprudence is due to the industrial revolution and industrialization in the course of modernization transformations of state-legal reality. The article defines stages of formation of comparative jurisprudence and their correlation with modernization processes, and proposes the author’s scheme.

The establishment of the International Academy of Comparative Law (MASP) in 1924 was a very promising and important stage in the institutionalization of comparative law. MASP, which celebrates its centenary this year, has become the first international scientific platform bringing together comparative scientists from various countries of the world. It was creation of this non-governmental scientific platform that made it possible to intensify comparative legal research and attract additional interest from the world community to them.

Comparative law is a megadiscipline due to its legal system mosaic, comprehensive multisectoral nature and interdisciplinary theoretical and practical complexity of the tasks being solved.

The article draws attention to the fact that the current procedural legislation does not differentiate the status of a prosecutor depending on the form of participation in civil proceedings implemented by him. In some cases the prosecutor is a party to the case or “replaces” the absent party; in other cases, he, having no legal interest, gives opinion on how, according to the law, the case should be resolved. The author believes that in the latter case, the prosecutor cannot be recognized as a person participating in the case, and also should not have a number of procedural rights. It is proposed to classify the prosecutor, who enters into a civil case in order to give an opinion on it, to a separate group of subjects “adjacent” to the court and contributing to the correct and timely consideration and resolution of the case. The conclusion of a public prosecutor in a civil case should not be regarded as “ordinary” evidence. First of all, the evidence is presented by the participants in the case, and the prosecutor does not belong to them. In addition, the conclusion of the prosecutor is an act of public authority, and the disagreement of the court with it must be motivated. It is also indicated that in cases where the participation of the prosecutor in the case to give an opinion on it is mandatory by law, the court should not consider the case in his absence.

The analysis of the author’s concept of a “green financial system” from the standpoint of an institutional approach is proposed, which includes: a “green budget”, represented by the revenue part in the form of “green bonds” and “green fiscal payments”; “green bank lending” and “green insurance”. It is noted that in Russia, as in most foreign countries, the development of this financial system is due to the introduction of Environmental, Social, and Governance (ESG) standards. The most developed financial institutions are “green lending” and “green investing”. France managed to implement the “green financing system” in the most comprehensive way within the framework of the first “green budget”.

The article is devoted to the study of public competition in Russian Civil Law. The authors evaluate doctrinal approaches to the legal nature of an obligation from a public competition and substantiate its non-contractual nature. The study of the legal facts underlying the obligation made it possible to attribute the announcement of a public competition to the category of unilateral conditional transactions and formulate the concept of an obligation from a public competition.

Based on the analysis of legislation and judicial practice, the authors clarify the content of the essential features of a public competition and identify criteria for distinguishing between a public competition and other similar obligations, and explore the subject composition of obligations from a public competition.

The article focuses on key aspects that are important for determining the scope and industry affiliation of its prospective legal regulation. The characteristics of digital platforms that can be considered as digital labor platforms and form platform employment relationships are determined. Information and economic relations are highlighted in the structure of platform employment relations. It is proved that the unity of the information status of all platform employees determines the need to adopt a separate comprehensive legislative act on platform employment. The need to harmonize approaches to the legal regulation of platform employment within the CIS through the development of a model law is emphasized.

Academic freedoms are not as widespread as other fundamental freedoms. The process of constitutionalization of these freedoms is going on not only through amendments to constituent acts, but also through the development of the practice of constitutional courts. The issues of academic freedoms acquires special significance in relation to historical research in the context of the problem of censorship of history. In a democratic society, defamation laws are most often used against those who conduct historical research, but the historical community is more concerned about memorial laws, which contain official interpretations of certain past events. European historians have tried to resist interference in their work by forming associations in support of freedom of historical research, petitioning public authorities, and coordinating their efforts.

The study identifies several legal problems and issues, the relevance of which increases with the publication of the concept and roadmap for building the Chinese metaverse. Methodologically, the work uses an inductive method that allows us to predict the legal complications and uncertainties generated by this project. Based on a description of its guiding ideology, goals, key technologies, main approaches, and the authors’ work experience in the legal investigation of information technology innovations. A comprehensive analysis of sources of scientific information made it possible to establish and analyze a set of Chinese legal acts designed to regulate relations in cyberspace. As a result of the study, it was possible to identify several pressing legal issues related to the formation of the Chinese metaverse and formulate a position on how to resolve them. The list of legal problems for in-depth research included the regulations of personal data, systems for identifying and authenticating users based on biometric information, the automation of the circulation of copyrights in cyberspace, organizing an artificial shortage of digital goods, anti-competitive behavior and monopolistic aspirations of the builders of metaverses. The scientific novelty of the work is the development of directions for overcoming the discovered legal risks and problems that arise in the new, previously unknown technogenic environment of human existence. The practical results of the article conclude with clarifications of current legislation provisions and the development of new legal rules for the regulation of the Chinese metaverse.

The assessment of the level of development of society and the state in modern political and legal discourse is largely conditioned by the efforts made to address social issues. The Constitution of the Russian Federation defines Russia as a state governed by the rule of law, whose policy is aimed at creating conditions that ensure a decent life and free development of man, attributing to the foundations of its constitutional system the principle of the social state, which bears responsibility to the present and future generations and guarantees the well-being and prosperity of the country. The formation of the modern system of social protection actualizes the study of its forms in the past.

The article reveals the plurality of approaches to the construction of legal space in the implementation of social policy on the basis of historical and legal analysis. The article analyzes the richest domestic experience characterized by a variety of socially oriented initiatives, which determines the specificity of Russian approaches to the solution of socially important issues. The study is based on a set of sources, including normative acts, monographic studies, periodicals, statistical data.

The study and analysis of empirical material made it possible to substantiate, contrary to the narrative formed in Soviet historiography about the discreteness of domestic social development, the consistency and progressiveness of the realization of original Russian approaches in the imperial and Soviet periods of our country’s development. This allowed us to formulate a position on the emergence of the foundations of the Russian model of intergenerational solidarity at the turn of the XIX–XX centuries, which allows us to propose a discourse on Russian social identity in the context of the formation of the domestic model of political and legal knowledge.

The article substantiates the judgment that one of the key factors determining the effectiveness of solving current and long-term tasks in the development of innovative technologies, entrepreneurship, science, education, strengthening sovereignty and national security is the level of freedom, consciousness and activity of citizens. Their interested involvement in the processes of economic, political, cultural development of society, the ability and willingness to initiate new forms and methods of activity, new models of relationships – this is the largely hidden potential that Russian society and the state have. Task is to make this potential a real factor in socio-economic, spiritual, political and legal life.

The XXVI International Scientific and Practical Forum “Yurtechnetics” was the next stage of an in-depth interdisciplinary analysis of experimental legal regulation. The forum participants highlighted legally significant experiments as meaningful and technical and legal means of improving legislation, interpretation and application of law, and optimization of educational programs. A critical assessment of the experimental legal regimes operating in Russia has been carried out.

The reviewed monograph by E. S. Shugrina “Protection of local self-government in the Constitutional Court of the Russian Federation. Expert recommendations” is a kind of result of the author’s participation in the preparation of conclusions as an expert in 10 cases related to local government considered by the Constitutional Court of the Russian Federation. Considerable attention is paid to the analysis of the search by the Constitutional Court of the Russian Federation for a certain balance between such constitutional values as local self-government and the security of citizens, society, and the state.