Gosudarstvo i pravo

The monthly peer-review journal "Gosudarstvo i pravo" (State and Law) has been published since 1927.



  • Russian Academy of Sciences

The journal is published under the supervision of the RAS Department of Historical and Philological Sciences (OIFN RAS).

About the journal

Previous names

  • "Revolyutsiya prava" (Revolution of the law) (1927 to 1929)
  • "Sovetskoe gosudarstvo i revolutsiya prava" (Soviet State and the Revolution of the Law) (1930 - 1931)
  • "Sovetskoe gosudarstvo" (Soviet State) (1932-1938)
  • "Sovetskoe gosudarstvo i pravo" (Soviet State and Law) (1939 – first half of 1992, ISSN 0132-0769)

The journal “State and Law” is dedicated to the study of current theoretical and practical problems of jurisprudence in Russia and other countries. The journal publishes scientific articles on full range of law, criminology and philosophy of law, as well as scientific reports, reviews of scientific events, book reviews and personalia.

Current Issue

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No 3 (2023)

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Legal life of the society, anomie and problems of legal space unity in Russia nowadays
Mal’ko A.V.

The author of the present paper analyses problems of building single legal space in legal life of modern Russian society. The article contains consistent and systematic measures towards organizing legal policy in this field for the Russian Federation

Gosudarstvo i pravo. 2023;(3):7-18
pages 7-18 views
Ways of constitutionalization of Russian justice
Malina M.A.

The article justifies the approach, according to which in order to achieve a fair structure of public life, it is necessary to ensure the full implementation in reality of the provisions of the Constitution of the Russian Federation. The most acute issue of achieving justice is in relation to judicial activity. Therefore, the task of constitutionalization Russian justice comes to the fore here. This process is investigated in the scope of the legislative branch and in the scope of the judicial branch and on this basis the main ways to solve this problem are determined. Particular attention is paid to the study of the role of the Constitutional Court of the Russian Federation, as well as the jury trial

Gosudarstvo i pravo. 2023;(3):19-26
pages 19-26 views
Powerful incentive for legal research in Military Science Military Law: in 3 vols / under the general editorship of A.N. Savenkov, A.V. Kudashkin (Moscow: Center for legal communications, 2021–2022)
Chemezov S.V.

The review notes that an epoch-making event took place in Russian science - a three-volume monograph “Military Law” was published under the general editorship of A.N. Savenkov and A.V. Kudashkin. The relevance of the study is due to the profound transformation of modern international relations, in which the Russian Federation is included, and their adequate reflection in the system of domestic relations of the Russian state. Assessing the contribution of the reviewed work to military science, the author emphasized the global coverage of the study of almost all objective reality related to the functioning of the military organization of the state, and the conditions in which this functioning occurs. On the basis of theoretical analysis, the team of authors managed to identify the main core, the essence of Military Law – the law of armed conflicts. For the first time in legal science, the military-industrial complex (MIC) as a state and social phenomenon has found its place as an object of fundamental legal research. Of scientific value is the study by the authors of the peer-reviewed monograph of the sanctions regimes in force against Russian defense industry organizations, as well as issues of legal support for military-technical cooperation. The conclusion is formulated that the author’s team, led by A.N. Savenkov and A.V. Kudashkin, conducted a fundamental military-theoretical study that includes all the legal issues of ensuring the country’s defense and state security in the functioning of the military organization of the Russian state, which will serve as a powerful incentive for subsequent legal research in military science

Gosudarstvo i pravo. 2023;(3):27-32
pages 27-32 views
A fundamental scientific work was published, which proved Fermat’s legal theorem Military Law: in 3 vols / under the general editorship of A.N. Savenkov, A.V. Kudashkin
Pligin V.N.

The three-volume monograph “Military Law” presents a large-scale fundamental study of military law, its genesis, theory, proving its independence as a branch of the Russian legal system, substantiates the conceptual and practical understanding of the essence of modern Military Law and its place in the legal system. The groups of military legal relations that make up the main subject area of Military Law are studied. The main problems and current directions of military-legal research are revealed

Gosudarstvo i pravo. 2023;(3):33-39
pages 33-39 views
Forecasting legal behavior as a final level of legal forecasting and practical function of the theory and Sociology of Law
Agamirov K.V.

The article is devoted to the study of causal relations of legal behavior as an important area of theory and Sociology of Law and the final level of implementation of legal forecasting. The foundation of law is a static legislative array, and in order for regulatory regulations to come into motion, an effective right-wing mechanism is needed. Legal conduct forms the core of legal implementation and is embodied in the legal actions of individuals, causing the circulation of the social mechanism of the law. In the work, the concepts of legal conduct and legal activity are differentiated, reflecting the positive and negative characteristics of legal activity. Predicting legal behaviour has a direct impact on preventive measures to stabilize and develop positive factors of legitimate actions and to limit the blocking of negative determinants of deviating actions at all stages of the legal implementation mechanism.

Gosudarstvo i pravo. 2023;(3):40-53
pages 40-53 views
Procedural status of a member of the election commission
Turischeva N.Y.

The article is devoted to the issues of the procedural status of members of election commissions as collegiate bodies entrusted with the performance of publicly significant functions in the field of organizing elections. The presence of their own jurisdictional powers of election commissions brings to the fore the issues of the content of the procedural status of their members. The dualistic nature of the status of a member of an election commission consists in the exercise of one's own individual powers and the powers of a member of an election commission as a collegial body. Regardless of the level of the commission itself, one can speak of the universality of the procedural status of a member of the election commission, based on ensuring the tasks of exercising electoral rights and forming public authorities. In 2022, changes were made to the electoral legislation that change the system of electoral commissions with the simultaneous exclusion of members with the right to consultative vote in the commissions of the middle and lower levels. The author comes to the conclusion that the change in the structure of the commissions changes the functional component of the procedural status of a member of the territorial election commission. The introduction of innovations neutralizes the internal conflict of the status of a member of the commission, whose powers are returned to the mainstream understood in the broadest sense of observance and protection of electoral rights. The analyzed changes in the electoral legislation reflect the shift of the center of the constitutional and legal protection of electoral rights from the sphere of realization of the individual interests of the participants in the electoral process towards ensuring objective control when establishing the voting results.

Gosudarstvo i pravo. 2023;(3):54-62
pages 54-62 views
Academician V.V. Laptev on the main component of Economic (Entrepreneurial) Law
Kleandrov M.I.

In the article, the main, basic component of Economic (Entrepreneurial) Law, which is the main achievement of Academician V.V. Laptev, as an independent branch of law, branch of legal science, branch of legislation and academic discipline is defined as an organic combination of legal regulation of economic activity (entrepreneurial) and its management. In fact, it is an organic combination of private law and public law principles. Noting that the development of this industry, according to scientists, went through three stages during the Soviet period, called: “two-sector” theory (20s), a single pre-war theory (the second half of the 30s) and the post-war so-called “addressee” theory, the author believes that Entrepreneurial Law as well as the Economic Law of the market economy - this is the fourth stage, which is another significant scientific achievement of V.V. Laptev. The author has made 10 conclusions and makes appropriate proposals

Gosudarstvo i pravo. 2023;(3):63-73
pages 63-73 views
Reorganization as a way to protect private and public interests during the introduction of restrictive measures in regard to Russian legal entities
Gabov A.V.

“Reorganization” in accordance with the current Russian legislation is understood as such a significant change in a legal entity that falls under the five named in Art. 57 of the Civil Code of the Russian Federation forms (merger, accession, division, spin-off of a legal entity, transformation). The goals of reorganization in the normal (ordinary) conditions of the activity of a legal entity may be different (expanding the territory or areas of activity, optimizing the management structure, etc.). In the current conditions - the introduction of large-scale restrictive measures (sanctions) by foreign states and international organizations against Russian legal entities - the state also turned to the use of reorganization to form certain measures of influence (counteraction) on such restrictive measures, based on the fact that their introduction puts Russian legal entities in a disadvantageous position compared to competitors from unfriendly states, since it deprives them of the opportunity to access their property located (recorded) in foreign states. This problem was especially acute for Russian credit institutions, whose assets were “frozen” as a result of the introduction of restrictive measures. To overcome the negative consequences of this, a special decision was made - the possibility of reorganizing a credit institution in the form of a spin-off of a Russian legal entity from it, to which the assets of the credit institution, to which access is restricted, can be transferred (Federal Law No. 292-FZ of July 14, 2022 “On amendments to certain legislative acts of the Russian Federation, invalidation of paragraph six of part one of Article 7 of the Law of the Russian Federation “On State Secrets”, suspension of the operation of certain provisions of legislative acts of the Russian Federation and on the establishment of specific features of the regulation of corporate relations in 2022 and 2023”). The content of this Law, its differences from the norms that regulate reorganization in ordinary conditions, became the subject of analysis for the author of this article. The author shows which legal decisions are insufficiently developed from a legal and technical point of view, and which decisions can (and should) “move” over time from the category of extraordinary to ordinary

Gosudarstvo i pravo. 2023;(3):74-86
pages 74-86 views
Lawful inaction: problem issues about the implementation of the operative-investigative activity during the solvation of the crime suppression task
Semenchuk V.V.

The article describes the problematic issues about the operative-investigative control over the continuing crimes. The author presents the reasons why operative officers don’t immediately suppress crimes. Analysis of judicial practice shows that such forced inaction is recognized as acceptable because of various socially justified reasons, although there is no sufficient legal basis for this. For the solvation of presented problem author proposed to improve the Federal Law “On operative-investigative activity”: establish the conditions for documenting continuing crimes; establish the definitions for the operative-investigative measures and special conditions for the “experimental” measures; provide guarantees for the restoration of the victim’s rights violated due to the necessity of the operative-investigative control over continuing crimes.

Gosudarstvo i pravo. 2023;(3):87-100
pages 87-100 views
Administrative-legal support for the development of innovation clusters in modern Russia
Smorchkova L.N.

The article substantiates the importance of state support for innovation clusters created for the development and implementation of high-tech products and solutions in all spheres of public life, which should contribute to the growth of the economy and ensure economic security of the Russian Federation. The process of creation and subsequent development of innovative clusters needs to improve the relevant administrative and legal regulation, and the support and incentive measures themselves should be predominantly administrative in nature, since the state’s costs for cluster projects implemented through subsidies are not always paid off. The article has a problem-staging character.

Gosudarstvo i pravo. 2023;(3):101-110
pages 101-110 views
About alternative legal constructions of regulation of financial relations
Zapolsky S.V., Vasyanina E.L.

The article examines alternative legal institutions for the regulation of financial relations, the causes of which are, on the one hand, a change in the principles of the international financial system and the need to counter geopolitical risks, and on the other hand, the imperfection of the mechanism of financial and legal regulation, including the inconsistency of financial and legal norms, as well as the firm opinion that the Financial Law does not have its own legal instruments, etc. By alternative legal constructions, the authors of the article understand the action of legal instrument, the use of which is dictated by non-standard or not foreseen situations in the course of legal regulation of financial relations. Without excluding the possibility of using alternative legal regulation in some situations, the authors formulate a conclusion that the application of this approach should not cause the invariance of the actions of the law enforcer: the choice between legal and semi-legal regulation of financial relations. The alternative approach should be seen as restorative and subsidiary to the mainstream legal regime

Gosudarstvo i pravo. 2023;(3):111-119
pages 111-119 views
Motherhood and childhood as a basis for family policy: modernity and historical heritage
Letova N.V.

The article examines the trends in the development of social, including family, state policy at the present stage, taking into account the analysis of the novelties of the Constitution of the Russian Federation. Special attention Special attention is paid to the family, the institution of marriage based on traditional family values, children, ensuring the priority protection of their rights. The author reveals the features of providing social assistance to families with children, taking into account the development of legislation and the preservation of the historical heritage in the relevant norms on the protection of motherhood and childhood. The conclusion about influence of the legal status of the family, children on the order of measures of social assistance and support provided to them, determined depending on certain conditions and criteria, is substantiated, the fundamental importance of theoretical research on morality and ethics, their essential influence on the content of the law, on the formation of family politics and the spiritual basis of society and the state

Gosudarstvo i pravo. 2023;(3):120-127
pages 120-127 views
Methods and forms of resolution of interstate disputes
Mikhailova E.V.

The article is devoted to the search for an answer to the question about the criteria for determining the methods and forms of protection of violated or contested rights in interstate legal conflicts. The problem of dispute resolution procedures in which sovereign states and international entities act as parties is currently particularly acute. International cooperation is acquiring the broadest forms, which results not only in the improvement of the positions of states in certain areas, but also in the growth in the number of interstate and international conflicts. Based on the analysis of the domestic Russian system for the protection of rights, freedoms and legitimate interests, it was concluded that there are two alternative methods of protection: public law, based on the present position of the judicial authority over the disputing parties; and private law, in the form of arbitration. The criterion for their application in the domestic sphere is the legal nature of the disputed material relationship and the ratio of the legal statuses of the disputing subjects: “vertical” disputed legal relations allow only public legal protection, private law, “horizontal” legal relations allow arbitration, subject to the consent of both parties. It is shown that interstate legal relations in a similar way can be private law, that is, based on the equality of the member states participating in them, and “vertical”, legal relations of the coordination type, in which sovereign states renounce part of their sovereignty and voluntarily submit to the jurisdiction of a certain international judicial body. The conclusion is formulated that in interstate conflicts both methods of protection retain their significance and are applied on the basis of the criterion of the correlation of the legal statuses of the persons (states) involved in the case. It is shown that the arbitration of interstate disputes (international arbitration) retains all the features and properties of the arbitration of “internal” cases and should be applied solely on the basis of the will of the states - parties to the disputed material legal relationship.

Gosudarstvo i pravo. 2023;(3):128-137
pages 128-137 views
Constitutional projects of the twentieth century The Constitution of the Union of Soviet Republics of Europe and Asia
Vinogradova E.V., Danilevskaya I.L.

The study of constitutional projects, as part of the history of Russian statehood, is especially relevant in connection with the formation of institutions of modern domestic constitutionalism. The impetus for the development of this process was received by the adoption of constitutional amendments in 2020. The study of constitutional projects is due to the fact that they contain aspects of theoretical constitutionalism, which is formed at each historical stage of the development of the state and society. The article analyzes the draft Constitution of the Union of Soviet Republics of Europe and Asia, which reflected the contradictions of one of the turning points in the modern history of Russia. Considering this project as part of the national history of state-building, its value and influence on the Constitution of the Russian Federation are emphasized, the formation of the Russian constitutional identity

Gosudarstvo i pravo. 2023;(3):138-145
pages 138-145 views
Evolution of the form of governance in the Republic of Armenia
Hakobyan H.G., Hakobyan R.K.

The article relates to the evolution of the form of governance in the process of state and constitutional construction of the Republic of Armenia, the mechanisms of separation of branches of state power under different forms of governance, the mechanisms of ensuring balance, restraints and counterbalances, the powers of state institutions, their relations, as well as issues of mutual control. The theoretical basis of the article is the scientific works dedicated to the forms of mutual control. The normative-legal basis of the study is the Constitution of the Republic of Armenia of 1995 and the constitutional amendments of 2005 and 2015, as well as the Constitution of the Russian Federation and constitutions other states. Using both the general research methods (historical, analytical) and special legal methods (systemic-structural, comparative legal) to study the topic, the authors analyzed the constitutional legislation of the Republic of Armenia and the experience of public administration of the last thirty years, identified the existing theoretical and practical problems, conclusions are formulated

Gosudarstvo i pravo. 2023;(3):146-152
pages 146-152 views
Theory of labor relations in the context of the transformation of the sphere of work: designation of the problem
Chucha S.Y.

The problems of modernization of the subject of Labor Law and the theory of labor relations in the context of the transformation of the labor sphere are considered. Based on the historical analysis of the process of structuring the law on the branches, the direction of development of private-public branches and, above all, Labor Law is predicted. The convergence of the theory of a single indivisible labor legal relationship by N.G. Aleksandrov and the theory of a complex of unified labor relations V.N. Skobelkin in the context of the transition to new technological paradigms and the growth of differentiation in the ways of organizing labor. On the basis of the theory of a complex of unified labor legal relations, ways are proposed to expand the subject of the branch of Labor Law by including in it new relations arising on a contractual and non-contractual basis related to the use of human labor. The necessity of changing the presumption of proving the existence of labor relations, the three-subject composition of the participants in the system of legal relations arising from the use of agency labor (a contract for the provision of an employee), and the joint liability of subjects on the side of the employer (solidary employer) are substantiated.

Gosudarstvo i pravo. 2023;(3):153-157
pages 153-157 views
Financial and Customs Control: Aspects of Correlation and Problems of Delimitation
Agamagomedova S.A.

In the context of the reform of control and supervision activities, it is important to distinguish between the various areas of state control and supervision in certain areas of regulation. With regard to the customs sphere, one can state the simultaneous use of the categories of financial and customs control without determining the limits of control and supervisory influence. An analysis of the existing positions on the ratio of these types of state control made it possible to identify four methodological approaches to the model of such a ratio. The selected approaches are based on the identification, absorption, delimitation of financial and customs control, substantiation of scientific categories that unite them, consolidating their regulation and implementation. The existing approaches are united by the recognition of the inseparable connection, mutual conditionality of the categories under consideration and are based on theoretical provisions on the complexity of customs law and the comprehensive nature of financial control in public administration.On the basis of the analysis carried out, the concept of partial absorption is proposed to justify the relationship between customs and financial control.The part of customs control related to the payment of customs duties is positioned as an element of state financial control. At the same time, financial control exercised in the field of cross-border movement of goods can be attributed to customs control. In modern conditions, the role of the financial aspects of customs control is gradually decreasing.

Gosudarstvo i pravo. 2023;(3):158-164
pages 158-164 views
Human rights: traditional values, universal standards, new challenges (The All-Russian Scientific Conference with international participation)
Varlamova N.V., Vasilieva T.A.

On October 25, 2022 the Institute of State and Law of the Russian Academy of Science hosted the All-Russian Scientific Conference with international participation “Human rights: traditional values, universal standards, new challenges”. It was attended by representatives of leading Russian scientific and educational institutions, as well as researchers from Belarus, Kazakhstan, Vietnam. The conference examined a wide range of problems related to the diversity of theoretical interpretations of human rights, the formation of the concept of constitutional status of a person, and the enforcement and protection of human rights. Particular attention was paid to the influence on these processes of modern achievements of neuroscience, genetic engineering, as well as extensive use of digital technologies

Gosudarstvo i pravo. 2023;(3):165-187
pages 165-187 views
). Interuniversity Scientific and Practical Conference “Traditional spiritual and moral values as the basis of legal development in the XXI century”
Krotkova N.V., Orekhova T.R.

The material of the Interuniversity Scientific and Practical Conference “Traditional spiritual and moral values as the basis of legal development in the XXI century”, held at the Faculty of Law of Lomonosov Moscow State University, is presented. An attempt is made to show the connection between the values of the people (including the Russian people) and its political and legal institutions. In particular, it is noted that the concept of spirituality includes public consciousness, is permeated with value imperatives (religious, ethical, political, aesthetic). It is pointed out that, although every ethnic group has its own value imperatives, not every one of them was able to create a state. It is argued that the spirituality of the Russian people has become the basis of a thousand-year statehood – one of the greatest in world history.

Gosudarstvo i pravo. 2023;(3):188-200
pages 188-200 views
Formation and development of branches of law in the historical and modern legal reality of Russia: in 12 vols. Vol. VIII Administrative Law in the system of modern Russian law / ed. by R.L. Khachaturov, A.P. Shergin
Arzamasov Y.G.

The review analyzes the content of the collective monograph “Administrative Law in the system of modern Russian law”, which examined the theoretical, methodological and applied problems of modern Administrative Law. It is emphasized that the book under review, on the one hand, acts as a kind of guide to various issues of Administrative Law, and on the other hand - is a systematic fundamental scientific research of industry nature.It is concluded that there are three types of chapters in the monograph: first, these are the classical chapters (subject of Administrative Law, administrative legal relationship, administrative enforcement, etc.); secondly, these are new chapters prompted to the authors by the ongoing changes in modern realities; thirdly, these are classic discussion topics. It is noted that the work under review is relevant, scientific, systematic, therefore it will take its rightful place in the library of modern scientific works on Administrative Law.

Gosudarstvo i pravo. 2023;(3):201-204
pages 201-204 views

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