No 1 (2023)

The article raises and examines the problem of the possibility of Russia’s participation in one of the future regional international human rights courts, which has matured after the termination of the Russian Federation's membership in the European Court of Human Rights. The author considers the following options: the Court of Human Rights in the Commonwealth of Independent States, the Court of Human Rights of the Union State of Belarus – Russia, the Asian Court of Human Rights (on the legal platform of the Association of Asian Constitutional Courts and Equivalent Institutions), etc. Being sure that Russia cannot be a member of two or more international human rights courts at the same time, the author justifies the need for States intending to create an International Human Rights Court to develop and adopt an appropriate international human rights act. Only by focusing and relying on this act, the International Court of Human Rights will be able to determine whether the rights of a person who has applied to the Court have been violated and make an appropriate ruling.

The article considers economic and social conditions, as well as the process of establishing a legal regime of self-employment. The positive intermediate results of its functioning are indicated, the content is disclosed, including legislative novels. Based on the analysis of law enforcement practice, problem places were identified (ambiguous qualifications of the activities of self-employed citizens; uncertainty with the choice of a court competent to resolve disputes involving new economic entities; low income bar; "loss" of individual sources from the subject of taxation; "false identity," etc.), proposals were made to eliminate them.

The article deals with the use of animals against humans and other representatives of the animal world. Such violence is actually recognized as a kind of instrumental coercion. At the same time, ethnozoological violence is considered as an ethnocultural phenomenon based on the mental heritage of previous generations. It is argued that violence with the use of animals has a socio-psychological origin, which is typical for most States. As a phenomenon of human practice, it is a generic concept in relation to its extreme form – criminal violence. Accordingly, any coercive influence on other people using animals is a model for criminal acts in the form of harm to human life or health. Consideration of ethnozoological violence in any aspect as a global social phenomenon or as a private event has shown that these forms always obey general socio-psychological laws.

The institution of administrative responsibility is one of the key ones in Administrative Law. However, in order for it to become so, it took quite a long time, the legal support of the institution of administrative responsibility was formed almost throughout the twentieth century. Today, a two-level system of legislation on administrative responsibility has been formed. The article draws attention to legislative and doctrinal provisions related to issues of administrative responsibility.

Political bots have become an important tool for political technologists. In all major electoral processes around the world, the active use of chatbots on social media has been documented. However, researchers have identified the negative effects of such bots on political processes. The destructive essence of political bots is that they are a digital tool to manipulate public consciousness. Therefore, there is a need to establish a legal framework for the use of such artificial intelligence systems in socio-political communications. The article analyses the experience of foreign countries and substantiates the necessity of legislative consolidation of the principle of transparency of artificial intelligence systems, which will allow to oblige developers and owners of such systems to mark them. Informing users that they are interacting with an artificial intelligence system will reduce the risk of manipulating the public consciousness.

The organisational mechanism “institutions v. rules” is considered in the article as an alternative for supranational rules and international treaties within the international unions and integrational entities. On the certain stage of the international regional integration there is a need for common financial policy implemented by the member-states. However, public finance is a sensitive and complicated field for supranational regulation and international treaties. The technology “institutions v. rules” which implies creation of independent financial institutions monitoring and advising on the state’s financial policy can be an alternative for legal norms. The technology “institutions v. rules” is applied in the European Union but still underestimated in the EAEU.

The article demonstrates the importance of deliberative institutions and procedures in constitutional politics, on the example of the regulation of somatic and genetic human rights. The article identifies the relationship between the effectiveness of legal regulation and deliberative communication in the context of the “juridification of society”. The methodological foundations of deliberative procedures are revealed. In this work, we analyze the reasons for the development of deliberative procedures in the context of biopolitics. Particular attention is paid to the process of expanding the scope of legal regulation in the information state, and we have shown the historical process of increasing relations regulated by law. The authors illustrate the specifics of the legitimation of somatic human rights in a modern state and explore the current procedures for the legitimation of law. A comparative legal analysis of the deliberation principle in the adoption to public law decisions and the achievement of public consensus is given. The authors also assess the degree of significance of aleatory procedures, examining for this purpose the process of constitutional novelization on the example of amending national constitutions (for example, the Constitutions of the Republic of Ireland and the Commonwealth of Australia). This research also shows the effectiveness of certain aleatory procedures with the participation of randomly selected citizens, among them special attention is paid to the so-called “civil assemblies” and “citizens’ jury”. Such aleatory institutional forms are assessed as an important condition for the legitimacy and effectiveness of constitutional reforms.

Singapore is one of the world leaders in the digital of the economy by many measures. By analyzing Singapore's experience in regulating the testing and application of unmanned vehicles, it is possible to find promising ways to develop the Russian regulatory framework in this area. The article examines the general framework for the development of the regulatory framework in the sphere of regulation of relations regarding the use of intelligent technologies, as well as the basic principles of regulation of testing and application of artificial intelligence. The analysis of the regulatory framework regulating the rules of unmanned vehicles in Singapore is carried out. The text explores common regulatory intervention strategies in the implementation of new technologies. The author’s team concludes that Singapore has moved away from a prohibitionist approach and a control-oriented strategy in the regulation of AI-driven vehicles. Authorities in Singapore combine different strategies to regulate the testing and use of unmanned in favor of an adaptation-oriented approach. A risk tolerance approach is also applied to the regulation of testing and application of unmanned vehicles.

The history of the formation of the Soviet judicial system is not simple. In the first years after the October events of 1917, the formation of the judicial system did not proceed according to previously tested and agreed upon principles. Judicial construction was rather spontaneous, and judicial institutions were repeatedly created and rebuilt for political purposes. In the first five years of the new government, judicial institutions acted under the authority of various authorities and based on principles that contradicted the foundations of a rational judicial organization. With the adoption of the Regulations on the judiciary of the RSFSR in 1922, the theoretical concept of the unity of the courts was put into practice, a system of people’s courts was created, which showed its viability over a century of history. The organization of courts on the principles of their unity, accessibility and simplicity of construction, the unity of judicial practice predetermined many fundamental aspects of the national judiciary, and also influenced the models of judicial systems in foreign countries.

In 2022, 100 years have passed since the adoption of the first Criminal Code of Soviet Russia — a fundamentally new codified act in the history of Russian legislation. The objectives of this study: to identify and analyze the provisions of the Criminal Code of the RSFSR of 1922 aimed at combating professional crime; to assess their validity, novelty and consistency in the context of the criminal-political tasks that were set before the legislative bodies, as well as their conditionality of the socio-economic and criminological situation that was developing at that time; to create prerequisites for further research on the extent to which the approaches of the legislator to the criminal-legal fight against professional crime were embodied and developed in the subsequent criminal legislation. The article analyzes the main and qualified elements of crimes containing such signs as engaging in crimes of a certain type as a profession and committing a crime in the form of fishing. The rules of sentencing professional criminals and the application of other social protection measures to them, in addition to punishment, are considered. The prescriptions of the criminal law are set out in combination with the characteristics of the socio-economic and criminogenic situation of the early 20s of the twentieth century, the views of domestic lawyers of that time on the problems of criminal professionalism, assessment of the bases of legislative decisions, their gaps and shortcomings.

The author focuses on rational equality in freedom, considered as one of the essential features of a certain type of legal understanding.Special emphasis in the work is placed on the fundamental foundations of legal freedom, the formation and development of which, according to the author, occurred as a result of the evolutionary exclusion and reduction of non-viable, destructive to the social structure of human behavior models - reasonable selection. It is reasonable selection that has shown that the only brainchild of the culture of all mankind that can become a reasonable means of ensuring the safe and effective realization of human needs is a right expressing a certain freedom, which is based on the imperative of preserving human nature.The author substantiates the following thesis: in order for everyone to claim freedom based on the imperative of preserving human nature, that is, in order to achieve reasonable equality in freedom, such freedom must be expressed in an equal form, through which the same and normative distribution of such freedoms will be ensured.As a result of the analysis, the main conclusions are formulated that the right, the essential features of which come from the foundation of freedom – the imperative of preserving human nature, implemented on the basis of an equal form, can be interpreted from a different point of view – rationally egalitarian, based on ensuring rational equality in the process of regulating social relations.

The article is devoted to formulating the definition and highlighting the system of signs of corporate norms as a special kind of social regulators from the standpoint of the Russian legal science. The author emphasizes the ever-increasing role of corporate norms, which is due to the processes taking place in it. As features of corporate norms, the following are defined: formalized nature, focus on ensuring the functioning of non-state associations, addressing exclusively to entities that are members of such associations, provision with measures of non-state influence, etc. On the basis of the distinguished features, it is proposed to understand corporate norms as formally defined social norms aimed at ensuring the functioning of non-state associations, regulating their internal issues, provided by measures of influence from these associations.

The review presents the material of the “Round Table” devoted to the analysis of the teachings of the Eurasians and the development of their ideas in the conditions of modernity (EAEU). Thus, the reports note that, theoretically, the teaching of the Eurasians was highly original, re-flecting the main properties of Russian culture and statehood. The Eurasians correctly pointed out the unifying role of Russia on the Eurasian continent. The reports also consider the role of law and courts operating in the system of the Eurasian Economic Union.

The peer-reviewed monograph of the famous Bulgarian lawyer Yanaki Stoilov “Principles of law: concept and application” is an interdisciplinary study in which the topic of principles is covered extremely widely, it reflects not only the phenomena of law and politics, but also ethics, history, logic and even folklore. The book is distinguished by its fundamental, analytical nature and, to a certain extent, innovative approach to the assessments and phenomena of modernity: the problems of the correlation of national and International Law, legality and legitimacy, the legal and social state, the possibilities and limits of democracy, etc.