No 4 (2025)

The article, dedicated to the 100th anniversary of the Institute of State and Law of the Russian Academy of Sciences, examines the main stages of the formation and development of legal science in Soviet and modern Russia through the prism of the history of the Institute’s creation and activities, as well as its outstanding legal scholars. The article presents the formation of the main legal scientific schools, their influence on the formation of Russian statehood and the development of domestic legislation. The main scientific concepts in the field of theory and history of state and law, Philosophy of Law and related branches of knowledge are considered. The conclusion is substantiated that the scientific potential of the academic law school is sufficient to solve the tasks defined by the Constitution of Russia and Presidential Decrees No. 809 of November 9, 2022. “On Approval of the Fundamentals of State Policy for the preservation and Strengthening of traditional Russian spiritual and Moral values” and dated May 8, 2024 No. 314 “On Approval of the Fundamentals of State Policy of the Russian Federation in the field of historical education”, the Strategy of Scientific and Technological Development of Russia for modern tasks in the field of fundamental legal research.

The article examines the most fundamental achievements of Russian political, legal and philosophical and legal thought, which are universal in nature, from the axiological and civilizational positions. The doctrines of Slavophilism, Russian pre-revolutionary liberals and conservatives, scientists and thinkers of the Soviet and present times contain many guesses and insights, some of which were embodied in the practice of state and legal construction. In general, they can be assessed as the captured experience of national state and legal self-awareness of the state-forming people, which constitutes the spiritual basis of Russia – the state of civilization.

This publication traces the idea of the need to restore the interrupted continuity of Russian legal thought, a careful attitude towards it, overcoming blind imitation or direct copying of Western legal ideas, as well as constructing theoretical and practical projects of modern legal ideology on the basis of domestic philosophical and legal ideas, improving the institutions of the legal system and institutions of Russia – the state of civilization.

It is considered in the format of a fundamental legal science and substantiates the author’s understanding of the task of radically improving the organizational and legal mechanism of Russian justice by codifying legislation on courts and judges. According to the author, the legislation of all three components of the justice mechanism is subject to codification: judicial, judicial and judicial status. At the same time, the author believes that the Code on courts and judges in the Russian Federation should include: a) the current legislative provisions after their necessary revision; b) legislative provisions that close the gaps in the existing justice system; c) legislative provisions aimed at the future, including the distant future.

Therefore, the author believes, the scientific understanding of approaches to the formation of the draft of the specified Code should proceed from the needs of radical modernization of the entire mechanism of justice. In particular, the creation of a constitutional body, the Council of the Judiciary of the Russian Federation, which represents the judicial branch of state power, but is not a judicial body; the creation of several completely independent judicial systems with their own supreme (higher) courts and several specialized federal single courts, etc. A new constitutional foundation will be required, including for the aforementioned transformations. A draft construction of this Code is proposed.

The article is devoted to the search for the conceptual foundations of a systemic legal mechanism capable of ensuring effective protection of violated or disputed non-property rights and interests of the Russian state and its multinational people, as well as their legal prevention. The starting point of the study is the constitutional provision defining morality as the basis of domestic state and legal regulation. Traditional Russian spiritual and moral values, enshrined in the Decree of the President of the Russian Federation V. V. Putin, are considered as the basis and highest content of all legal principles, norms, as well as the civil rights, freedoms and legitimate interests regulated by them. The need to implement traditional Russian spiritual and moral values in the system of objects of judicial protection, to develop an effective mechanism for their protection, defense and restoration is stated. The Russian state is recognized as a full-fledged subject of civil law, possessing both property and non-property interests, for the protection of which it is proposed to form an independent procedural form.

In the review offered to the readers, a comprehensive analysis of the new monograph by Professor J. T. Toshchenko “The fate of the social contract in Russia: the evolution of ideas and the lessons of implementation” is carried out. Its theoretical basis is based on existing views on this phenomenon, extensive scientific publications in this field, a wide range of historical information and solid empirical material. It examines in detail the origins of the formation of a social contract in Russia at various stages of its statehood. At various levels of research (philosophical, historical, sociological, etc.), the author analyzes the thorny path of the emergence and evolution of the idea of a social contract, the role of this social contract in strengthening individual rights and freedoms, the development of democracy and the formation of social harmony in society based on mutually acceptable concessions to the government and the people. Another subject of the study is the influence of this regulator of public relations on strengthening the identity of the Russian statehood, the progress of civil society, the deepening of interaction between the state and the people. The book also pays considerable attention to the historical mission of the social contract in the formation of a just society, the preservation and enhancement of the spiritual and moral values of the Russian people, the organic unity of which forms the basis of its Russianness. The reasons for the degeneration of democracy into majority tyranny in some countries, the use of the social contract as a tool for establishing authoritarianism, the suppression of any form of protest by the population, restrictions on human freedom, turning it into a passive participant in the historical process, etc., are also considered in detail. Therefore, in such countries, the legitimate expectations of citizens from the social contract are often not they justify themselves. This is an abstract review of a new multi-vector research by Professor J. Toshchenko shows that it will become a powerful impetus for the further development of both the doctrine of the social contract and philosophical and legal thought in general.

Naturally, within the framework of one publication, it is impossible even to consider the content of all 16 chapters of the reviewed monograph, the total volume of which is 844 pages, and to give a detailed idea of it from various positions. Therefore, the reflections presented to the readers mainly consider the philosophical and legal aspects of the problems of the social contract.

The article highlights the types and features of international treaties of the Russian Federation as a source of private international law, their differences from foreign economic agreements between administrative-territorial units of different states and transnational transactions, as well as the procedure for their application with the establishment of their correlation with federal laws and other normative legal acts of the Russian Federation in the civil law sphere.

It is argued that the priority application of an international treaty over federal laws be recognized in case of its ratification or another inclusion into the domestic legal system by adopting a federal law. Otherwise, its advantage should concern only over by-laws of the Russian Federation. In this regard, the need for a restrictive interpretation of Article 15 (4) of the Russian Constitution is substantiated with respect to the type of a governmental body making a consent to such inclusion on behalf of the Russian state, and the hierarchy of diverse normative legal acts in the Russian Federation with their different legal effect.

The article also outlines conflict-of-law rules defining the correlation of international treaties having the same scope of their application. The lex specialis derogat generali rule, which gives priority to a special international treaty, is deemed to be the main one. This issue should be resolved primarily at the international level, ensuring the uniform application of international treaties in various national legal systems.

The attribution of a participant in criminal proceedings to a party in the context of the provisions of part 45 of Article 5 of the Code of Criminal Procedure of the Russian Federation is usually formulated through the analysis of its functions in criminal proceedings, which, in our opinion, directly contradicts both the above-mentioned criminal procedure norm and the provisions of paragraph 3 of Article 123 of the Constitution of the Russian Federation. Only in the situation of adversarial procedure implementation for a criminal law dispute resolution between a representative of the state in the person of the public prosecutor deprived of procedural authority and the accused with his defender, who do not have such a priori, it is possible to characterize these participants in the criminal process as a party. The purpose of the study is to prove the essential impossibility of classifying an investigator as a party in criminal proceedings in Russia, including the inadmissibility of classifying him as a criminal prosecution body and also to substantiate the institutional affiliation of the preliminary investigation bodies to the judicial vertical bodies endowed by the state with authority to implement the criminal case resolving function within their competence, which will preserve the criminal proceedings functions trinity in the form of prosecution, protection and resolution of a criminal case. The main research methods are system-structural analysis, synthesis, and induction. There is an application of axiomatic, special legal and logical research methods. According to the results of the study, conclusions are formulated about the possibility of classifying a participant in criminal proceedings as a party to a criminal dispute, depending on the characteristics of the stage of the criminal process, the presence in it, in addition to the court, two procedural-powerless disputing parties, one of which implements the criminal prosecution function, and the other – the protection from a criminal claim function. The legislator’s attribution of the investigator to the prosecution side not only does not reflect the real state of affairs in criminal proceedings, but also forms a set of normative contradictions concerning the institutional affiliation and functional content of the preliminary investigation bodies. In a functional and institutional sense, the return of the investigator to the bodies endowed by the state with a criminal case resolving function (judicial authorities) will ensure its normatively fixed functional impartiality.

This article is devoted to the consideration of issues related to the doctrinal foundations and legal regulation of monetary emission in the territory of the Russian Federation. The monetary policy of the Russian Federation, implemented in the current conditions of the global and national economic crisis, became the basis of the conducted research. It has been established that monetary emission, acting as a key element in the system of guarantees of state and financial sovereignty of Russia, is a multidimensional concept and is considered both in a narrow (the activities of the Bank of Russia) and in a broad (the activities of various authorized entities) senses. In the course of the conducted research, various groups of public relations that develop in the field of public financial activity regarding the implementation of monetary emission have been identified and the corresponding stages of the emission process have been identified. It is indicated that credit institutions have been granted certain public powers related to the organization of monetary circulation at its secondary stage after the direct introduction of funds into circulation by the Bank of Russia. Conceptual proposals on the doctrining and regulation of these public relations in the norms of financial law are formulated.

The article discusses approaches to the legal regulation of thermonuclear fusion at the international and national levels (UK, USA, China, Canada, Japan, Korea, EU, Russian Federation). Based on the analysis of the current state of legal regulation of thermonuclear fusion, it was revealed that not all states have managed to create their own regulatory framework in this area, and it was also concluded that the majority of the considered states adhere to (or have declared this intention) approach aimed at separating thermonuclear technologies from nuclear ones. The author noted differences in positions regarding the evolutionary approach – the establishment of deterministic requirements for the regulation of thermonuclear fusion as technology develops. The need to harmonize the regulation of thermonuclear fusion at the international level was emphasized, which requires the development and strengthening of international cooperation in order to develop agreed principles for ensuring common levels of safety and protection in the field of the use of thermonuclear energy.

Firstly, the article identifies the threats posed by the contamination of the territories and waters of 17 subjects of the Russian Federation with mines and unexploded ordnance; it is determined that mine action provides for the achievement of the new (18^th) Sustainable Development Goal; it is noted that there are two types of mine clearance (military and humanitarian) and their definitions are formulated.; the international legal foundations of humanitarian demining are noted; the range of Russia’s international legal obligations under three international treaties and additional protocols to them is outlined; it is established that international cooperation in the field of mine action is carried out at the universal, regional and bilateral levels; mechanisms for using the potential of the United Nations and the CIS in humanitarian demining are identified; secondly, foreign practices in the field of legal regulation of mine action have been reviewed; it has been established that in “prosperous” states, mine action legislation is directed externally and primarily regulates support for humanitarian demining abroad as a service provision; in States whose territories have been contaminated with mines, special legislation on mine action is being adopted, control and coordination bodies are being established., and state mine clearance programs are implemented in cooperation with UNDP and UNMAS; thirdly, the concept of legal regulation of mine action in the Russian Federation is presented; the concept of the federal law “On mine action” is proposed, the scope of legal regulation of mine action is defined and its definition, goals and principles are formulated; the powers of the national mine action authority (the Russian National Mine Action Center), the commission on accreditation of mine action operators are defined. activities, the mine action operations center and the mine action control inspectorate; the necessity of adopting a state mine action program is substantiated (the Humanitarian Mine Clearance for Development program); the concept of entrepreneurial activity in the implementation of mine action measures and the specifics of outsourcing as the transfer of part of the state functions of humanitarian demining to private companies within the framework of public-private partnership is proposed.

In Indonesian law system, the dispute resolution process in the Administrative Court does not recognize mediation. This paper analyzes the reason why mediation is not recognized in the dispute resolution process in the Administrative Court and the possibility of incorporating mediation into the dispute resolution process in the Administrative Court. The law does not regulate mediation in the resolution of administrative disputes, resulting in no reconciliation in the dispute resolution process at the Administrative Court. This is different from civil dispute resolution, which includes mediation before the stage of reading the lawsuit. If reconciliation is achieved through mediation, the next hearing will be the reading of the reconciliation verdict. The reason mediation is not regulated in the dispute resolution process at the Administrative Court is due to the limited authority of Administrative Court judges to test the validity of administrative decisions. Additionally, mediation could undermine the authority of the government. The weakness of not having mediation is that the principles of speedy trial and procedural justice are not realized. Mediation needs to be included in the stages of the dispute resolution process at the Administrative Court, so that dispute resolution at the Administrative Court fulfills both procedural and substantial justice.

The science of Financial Law studies a wide range of economic relations and plays a key role in the development of the economy. It has a rich history of its formation and development. With the advent of books by Russian and foreign economists, specialists in the field of cameralistics and finance in the public domain, an opportunity (goal) presented itself to gain an idea not only of the origins of the science of Financial Law, but also to better understand the range of problems that can be solved through financial and legal regulation. Methodology. Based on the works of Russian and foreign scientists and researchers in the field of finance, the original goal and purpose of the science of Financial Law is shown, the concept of Financial Law as a branch of law is given. Result. An in-depth study of the foundations of the formation of the science of financial law led to the conclusion that this science was conceived as a system of ideas about obligations (financial obligations) both on the part of the population and on the part of the state. The developers of the theory have always been interested in the problem: how and to what extent these obligations should be fulfilled. This article covers the period from the first mention of financial activity in antiquity to the October Revolution of 1917.

The article contains an analytical review of the reports and speeches of the participants of the International Scientific and Practical Conference “Ensuring employment, productive labor and social protection in the conditions of hybrid legal regimes: an interdisciplinary approach”. Hybrid law enforcement in Russia is manifested in the acceleration of the creation of rules of conduct by accelerating the lawmaking process, increasing the role of the Government in the rulemaking process, strengthening the influence of acts of the Constitutional Court of the Russian Federation on the law enforcement process, as well as expanding regional rulemaking and giving greater legitimacy to the instructions of officials. The legal regimes formed in this way – aimed at countering the spread of coronavirus, accompanying the implementation of the SMO, etc., are hybrid – assembled from elements of different legal regimes. Moreover, for such a design, elements of ordinary and normatively enshrined special (special) legal regimes are used, which, however, have undergone a significant transformation. Hybridization of legal regimes is an objective reaction of states to the original global processes of transformation of technological, economic, social and interstate relations, which with a high probability ensures optimal legal regulation with the minimum possible temporary restriction of the rights of citizens and organizations, allowing to avoid their total violation by the systemic application of special (emergency, special) legal regimes.

The review analyzes a recently published collective monograph by foreign scientists, mainly representing universities from the UK and the European Union, devoted to the problems of collective bargaining regulation, including collective bargaining in the context of building a gig economy. The reviewers consistently characterize the two parts of this book, which are divided into 14 chapters. The main attention in the reviewed book is paid to such issues as the inclusion of platform workers, such as taxi aggregator drivers, food delivery platform couriers, etc. in the collective bargaining process, discusses the provisions of the European Union Directive on improving working conditions on the platform, the judicial practice of the courts of Great Britain, France and other countries on labor disputes of platform workers with digital platforms Uber, Glovo.