No 3 (2024)

Evgeny Alexandrovich Korovin was the successor of the Russian science of International Law, whose figures – Martens, Kachenovsky, Nezabitovsky – at the end of the XIX century laid the foundations of the modern world order. E. A. Korovin, as a Professor at Moscow State University and director (1948–1952) of the Institute of State and Law, laid the foundation of the Soviet science of International Law. His achievements also include the organization of a division of International Space Law at the Academy of Sciences and the publication of the world’s first works on this discipline. In total, scientists have written more than 30 books and 200 articles translated into 12 languages. E. A. Korovin repeatedly lectured on International Law at The Hague Academy of International Law and at various universities around the world.

The article presents the author’s concept of legal identity. The problem of identity has become an urgent topic in sociology, political science, and anthropology today. An idea is being formed about the relevance of studying legal identity. According to the author, the most adequate methodology for the study of legal identity is postclassical, which focuses on procedural dynamics, rather than its structure or statics. Legal identity, as justified by the author, is not in itself the norms of law that formulate legal statuses, but their implementation in the rule of law. At the same time, the formal legal status is recognized, its acceptance (correlation with personal intention, interests) and reproduction by practices.

The article criticizes the current situation regulated by law, in which a gross disciplinary misconduct of a judge, entailing the early termination of his judicial powers, is considered as a measure of disciplinary responsibility. The conclusion is substantiated that the early termination of the powers of a judge for gross misconduct should entail a measure of not disciplinary, but constitutional responsibility. The mechanism of constitutional responsibility of a judge is partially provided for by the constitutional innovations of 2020 only for a little over two thousand judges, and the Federation Council can apply it, which is not typical for a legislative body, and which destroys the unity of the status of judges. The rationale for its development should be based on the premise that a judge’s gross misconduct, which deserves early termination of his powers, is primarily a violation of the judge’s oath, which currently does not provide for any consequences under current legislation and corporate regulation. Appropriate proposals are made with the necessary justifications.

The article deals with the problem of protecting public interests in an arbitration court (arbitration). Arbitration is an independent element of the Russian system of protection of civil rights, freedoms and legitimate interests; acts as an alternative to state justice. At the same time, according to the established tradition, arbitration is considered as a non-state procedural form of protection of private rights. It is shown that when considering cases with the participation of the state by arbitration courts, not only private, but also public (state) interest is subject to protection. This circumstance should have a strong influence on the arbitration procedural form, but up to the present time, the procedural features of cases involving the state in arbitration proceedings are not regulated either by law or at the level of the positions of the highest judicial instances. The criterion for determining the arbitrability of civil law cases is proposed, the proposal to fix the participation of the prosecutor in the arbitration proceedings is argued.

The article reveals the views of the famous Russian and Azerbaijani legal scholar I. M. Ragimov on the role and importance of religion in the formation and evolution of the legal insti-tutions of crime and punishment as the fundamental principles of Criminal Law, legal, historical, religious and philosophical aspects of illegal behavior of people, the causes of crime and crimi-nality, the essence and social role punishments in world religions.

The article is devoted to the essential and systemic features of the formats of ethnological expertise institutionalization in Russia: as a corporate expertise (private law) and state expertise (public law). The research material is the practice of organizing and legal regulation of ethnological expertise over the past two decades; approaches to understanding ethnological expertise that have developed in Russian anthropology and jurisprudence. It is proved that the choice of the institutionalization format, determines the procedure for conducting an examination and the consequences of its conduct. Corporate ethnological expertise is optional; its results do not have the form of a public legal document. Compensation for losses to the subjects of traditional nature management does not depend on the fact of conducting the expertise and is exclusively monetary in nature. Voluntarily adopted standards of social corporate responsibility assume the participation of business in promoting the development of indigenous peoples who are involved in this process in accordance with the principle of FPIC and forms of deliberative democracy. State ethnological expertise is mandatory, it is realized as a public service, the results of which have the form of a public legal document. Compensation measures are predetermined by the results of a comprehensive ethnological expertise and are not limited to the compensation for losses. The participation of indigenous peoples is guaranteed in the forms of participatory democracy.

The article describes the evolution of approaches to the vindication of real estate owned by a public legal entity. In the study of this issue, the features of the object of law are superimposed on the specifics of the subject. It is noted that the lack of a unified concept that defines the legal regime of state real estate at the present time leads to the appearance of casuistic norms in the legislation. It is indicated that the problems that exist today are largely related to the Soviet past. In the USSR, the division of property into movable and immovable was abolished. However, Soviet law allowed the ownership of some objects, traditionally considered invisible, to individuals and legal entities. At the same time, the principle of unlimited vindication of state property was in effect. With the transition to a market economy, this principle was abolished and the equality of all forms of ownership was proclaimed. However, in law enforcement, there is still a trend of priority protection of public property. In order to level this process, the legislator introduces restrictions on the possibilities of protecting the right of ownership of real estate by public legal entities. It is concluded that point adjustments of legislation in this area cannot solve the problem. Before reforming the legislation, it is necessary to conduct a comprehensive scientific study of issues related to the peculiarities of protecting the rights to real estate owned by a public legal entity.

The article deals with the implementation of the legal protection of permafrost. The state of legal regulation in this area is investigated, an analysis of strategic planning documents, federal and regional legislation, as well as by-laws relating to this issue is carried out. On the basis of scientific data on the important environment-forming role of permafrost, a conclusion is made about the expediency of singling it out as a specific object of environmental relations. Options for improving domestic environmental legislation in order to reduce the anthropogenic impact on the permafrost zone are proposed.

The article formulates theoretical approaches to the concept, signs, and characteristics of legal relations that develop during the hybrid war. A system of factors determining the development of legal security of the State border of the Russian Federation in the context of a special military operation has been identified. The hypothesis is substantiated, according to which a special military operation is a response to a hybrid war against Russia. At the same time, hybrid warfare is a phenomenon in which a coalition of attacking states uses a combination of military and non-military measures, polysubjectivity, multi-sphere, including legal space. This approach is enshrined not only in military legal doctrine, but also in international acts of NATO member states in general and the United States in particular. These factors determine the need to make changes to the system of regulatory and legal regulation of ensuring military security of the Russian Federation and its military and political allies (CSTO member states) trade and economic partners (EAEU member states). Methodological approaches to the study of hybrid warfare as a legal phenomenon are proposed, which Russia is facing as a fourth-generation war within the framework of a special military operation now and is likely to face in the future within the framework of the concept of global competition of states. The article presents the results of the application of general scientific and private scientific methods (methodology of system analysis, method of referring to other sciences, special legal method, etc.) to the formulation of the legal characteristics of hybrid warfare (concept, structure of legal relations, place and role of law in countering threats of hybrid warfare), taking into account a special military operation and the need to ensure the security of the State border of the Russian Federation.

The article deals with issues related to ensuring and protecting free competition in areas most vulnerable to encroachments on it, such as procurement for state or municipal needs and preventing the conclusion of anti-competitive agreements (cartel agreements). The author gives a general picture of the state of protection and ensuring free competition, defines the areas of activity in this area and describes the structure of encroachments on competition. The article makes extensive use of official statistics and the practice of the Federal Antimonopoly Service on complaints and inspections, provides examples from judicial practice.

The author proposes to consider a crime through the construction of a criminal law concept, as an image that includes all possible variations of its manifestation. For this purpose, a process of normalization of the concept has been carried out, in particular, the key feature “activity” has been added and insignificant features have been excluded: guilty and punishability. As a result, an axiomatic concept of a crime is obtained, the volume of which corresponds to objective reality. In addition, the article contains six arguments for the exclusion of signs of guilty and punishability. The concept of “crime”, after establishing a connection with other verified concepts, will form the basis for the development of a new criminal law concept.

Family legal regulation is based on decision-making by spouses by mutual agreement, based on the principle of equality of spouses. Man and personality are central subjects of law, it is important to consider the implementation of family rights of spouses, both personal property and personal non-property.

Purpose: when considering the implementation of marital rights of spouses from the standpoint of a structural and functional approach, to comprehend the procedure for the formation and adoption of a joint expression of the will of spouses when solving both personal non-property issues and property issues related to family life.

Methods: logical, historical-legal, structural-functional.

Results: the legal meaning of “solving issues by spouses by mutual agreement” was revealed; the form in which spouses determine their consent when resolving issues related to family life, the procedure for forming the opinion of spouses when resolving issues affecting property and non-property issues of family life. Conclusions are drawn that can be used as the basis for the course of Family Law, contribute to the improvement of legal regulation and law enforcement.

The author of the article analyzes the main blocks of scientific works of V. O. Luchin in their systemic relationship. The works of the professor in which he was a pioneer or one of the first researchers are emphasized: constitutional and procedural relations, decree law, constitutional responsibility and constitutional delictology, constitutional crisis, illegal and unfair privatization, Algorithm of deprivatization of property objects, problems of implementation of the Constitution of Russia. The relevance of the ideas of V. O. Luchin and the inadmissibility of their misinterpretation by some scientists are emphasized.

The article is devoted to the prerequisites of improving criminal procedure legislation in the Republic of Belarus which establishes the order of convicting deceased Nazi’s for crimes to which statutory limitations are not applicable. Based on the analyses of international and national legislation, the practice of investigating criminal cases of rehabilitation of Nazism and genocide of the Belarusian people during the Great Patriotic War the conclusion is drawn about the advisability of the court procedure for establishing guilt or innocence of persons accused of crimes against peace and humanity as well as war crimes to which statutory limitations are not applicable.

The idea is supported that the efficiency of adversariality in criminal procedure regarding deceased Nazi criminals is based on the balance of the legal status of the defense (a representative of the deceased person, his defense lawyer) and the prosecution (victims and their representatives, a public prosecutor) as well as on the completeness, objectiveness and comprehensiveness of the activities of the preliminary investigation agencies.

A decisive role of the court verdict in establishing legally significant facts of guilt or innocence of a deceased accused of committing crimes to which statutory limitations are not applicable is substantiated.

The present article is devoted to the study of the main problems dealing with the drafting, adoption and further development of the Constitution of India of 1950. Various issues of its framing and designing are raised. The specifics of the procedures and limits of constitutional review are of undoubted interest to any lawyer, and the Constitution of India in this regard has a number of characteristic features. A general picture of Constitution’s main features and peculiarities is demonstrated, while its great volume does not permit to go into detail in a relatively short article. Some results of the historical path of the Constitution of India are summed up.

The study of the historical and legal foundations of the restriction of corrupt actions testifies to the appearance of the term “official crimes” in the Military Article of Peter the Great. Among its varieties: abuse of power for the selfish purposes of officials, bribery, etc. The article attempts, based on the analysis of the facts of abuse of power at the turn of the XIX–XX centuries, to study the forms of manifestation of corrupt behavior by the head of the estates of the Peasant Bank and the clerks hired to help him, detourers, the headman. The study of archival material reveals proven cases of corruption among officials in the bank’s estates in 1893–1899. Despite the prosecution of people involved in corruption in the Tambov branch and with the beginning of the ХХ century, there were facts received from peasants for renting land, embezzlement of funds. A similar selfish behavior of officials was characteristic of the Ryazan branch of the Bank. In general, the revealed manifestation of forms of forms of corruption in the activities of a state credit institution led to undermining the confidence of peasants in the presence of legal order in the Russian Empire and created a prerequisite for the emergence of a revolutionary situation in the village.

The direct connection medical activity with such highest values as human life, health, and private life determines the need for increased attention to the peculiarities of the development of the legal culture of this special person. The study presents the author’s classification of the stages of legal socialization of a medical worker, analyzes the factors influencing this process, as well as the features of the legal nihilism of medical students. Certa in provisions of the article reflect the specifics of obtaining legal knowledge and the main directions of the formation of an anti-corruption behavior model in the educational process of medical workers. The authors came to the conclusion that it is necessary to use an integrated approach to improve the conditions for the formation of the legal culture of representatives of the medical community, which will help improve the quality of medical care.

The article presents an overview of the reports of participants of scientific conferences held at the St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation and dedicated to its 25^th anniversary, which were devoted to the formation, development and current state of legal science and legal education in Russia, primarily the XX International Scientific and Theoretical Conference “State and law: evolution, current state, development prospects (for the 25^th anniversary of the St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation), which took place on April 27–28, 2023 at the St. Petersburg University of the Ministry of Internal Affairs of Russia. 433 researchers – scientists and practitioners – citizens of Russia, Azerbaijan, Belarus, Moldova, Kyrgyzstan, Tajikistan took part in the conference in full-time and correspondence format. The geography of the Russian participants of the conference is wide, sending their works from 53 cities. On the section of young researchers, the winners of the report competition were awarded diplomas. The issues raised for discussion at the conference received diverse coverage.