No 7 (2024)

The article is devoted to the outstanding scientist and organizer of science, jurist, philosopher, thinker, publicist, writer, statesman, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor Sergey S. Alekseev (1924–2013). The biography of S.S. is traced. Alekseev, his hypostasis as a legal theorist, civilist, philosopher, organizer of science, publicist, writer, statesman, legislator, is evaluated for his contribution to science, the formation of the modern legal system in our country, reveals his role in the creation of the Constitution of the Russian Federation and the Civil Code of the Russian Federation. The article quotes fragments of previously unpublished works by S. S. Alekseev.

The article is devoted to the study of the potential of cognitive technologies and their influence on the transformation of domestic historical and legal values. The objective of the study is to identify the need to analyze cognitive technologies as a means of influencing socio-political views that shape Russian sovereign statehood and deliberately distort the facts of historical and legal reality.

The study of sovereign Russian statehood is a task whose complexity is predetermined by many factors. First of all, it should be noted that it is very important to consider it as a system consisting of a number of elements (statehood, sovereignty, etc.). The study of this system presupposes the inevitability of its complex interdisciplinary research, in which it is difficult to do without legal, historical, philosophical, political science, sociological and other aspects. In addition, the analysis of the entire system and its individual elements does not imply conclusions with the proper degree of representativeness without the use of comparative and retrospective methods. The relevance of the study is predetermined by the transformations taking place in modern Russia, caused by both external factors and processes changing the modern political and legal reality, in particular constitutional reforms. The state of bifurcation of the system of international law creates new meanings of basic legal concepts that determine the independence of sovereign states. Scientific research on the topic of sovereignty and its positions in the context of globalization has intensified. The article analyzes the mechanisms aimed at the formation of distorted ideas about historical and legal reality. It is concluded that it is important to form verified, scientifically grounded approaches to the study of facts that have historical, legal, socio-political significance, based on material that is appropriate for doctrinal judgments and the degree of representativeness. This will make it possible to create tools to counter cognitive technologies for transforming traditional Russian values, the use of which can influence the concepts that determine the legal nature of state sovereignty.

The article reveals the role of the concept of globalism in the theory of knowledge and the system of international relations, substantiates the fundamental differences between global processes and civilizational ones. An attempt is made to trace the process of the origin and development of civilizational ideas and the practice of their embodiment in real forms. Special attention is paid to the historical and legal sanctification of civilizational processes and the consequences of globalization. The author’s position is stated on all debatable issues.

The article analyzes the phenomenon of justice in the context of the functioning of the modern state. An attempt is made to substantiate the possibility of attributing the moral and legal category “justice” to the attributive and functional characteristics of the modern state. It is concluded that there is a state function of “justice”. Based on the analysis of this function, through the prism of determining the sphere of justice (justice), on the example of the Ministry of Justice of the Russian Federation, approaches to the formation of the structure of the implementation of the principle of justice by the state are proposed. The issues that require a more in-depth study and the direction of further research of the state function of justice are formulated.

The article analyzes the phenomenon of legal consciousness as an area of value judgments (assessment of reality) and as a fact of being (social phenomena). Based on primary sources, various interpretations of the content of legal consciousness, its relationship with the principles of law, morality, and prescriptions of natural law are shown.

In the article, the authors addressed the understanding of man in the civilizational space of the Russian statehood, in the national-specific context of the spiritual, moral and socio-cultural environment. Overcoming the aggressive mythologies of individualistic liberalism, which have led to a value-based and worldview schism and are contributing to the evolving crisis in Western legal tradition, requires not merely a critical approach (while avoiding the risks of sliding into fanatical negativism) but a constructive, creatively generative approach. This involves identifying and elucidating the distinctive philosophical-ethical foundations of Russian constitutional humanism. Recognizing the scale and nature of the issues under discussion, the authors primarily focus on the ideological aspects of updating the constitutional model of human legal status from the perspective of the identity of domestic constitutionalism. It is argued that, in terms of value-based worldviews and methodology, it is crucial to shift the focus of the discussion around the legal status of the individual towards the foundational principles of ethical-legal obligation, and consequently, towards identifying and systematizing the subjective duties and obligations associated with spiritual-moral imperatives.

In the final, fourth part of the article, published in 2024 in the journal “State and Law”, certain results of the problems considered in its first three parts are summed up (part 1 – “Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?” (No. 3); part 2 – “On problems of disciplinary responsibility of court heads” (in two sections) (No. 4, 5); part 3 – “On the disciplinary responsibility of retired judges” (No. 6)). Conclusions are drawn about the imperfection of this mechanism with specific examples of law enforcement (and especially judicial) practice, including those caused by the imperfection of legislation in the area of public relations under consideration. Specific, including radical, proposals are being made aimed at improving and increasing the effectiveness of both the named mechanism as a whole and its individual links.

This article analyzes the phenomenon of socialization of justice, its ideological and historical origins, as well as the state of affairs with the administration of justice in the modern Russian Federation. The analysis of the development of the civil process traces the reasons for the transition in the states of continental Europe during the 20^th century from a liberal to a social type of process, which aimed to compensate for the actual inequality of the parties due to the active role of the court. The main features of the social type of the process are highlighted and its correlation with the investigative (investigative) process is determined. Using the example of domestic legislation, the transition from the liberal model of the Charter of Civil Procedure of 1864 to the social model of the civil procedure codes of the RSFSR of 1923 and 1964 is demonstrated. The author’s point of view regarding the advantages and disadvantages of Soviet legislation is substantiated, its dual nature is demonstrated, which was associated with excessive activity of the court while maintaining fundamental adversarial and dispositive principles. In conclusion, the author identifies the legal grounds for the socialization of justice in the Russian Federation. Based on the provisions of the Constitution of the Russian Federation, procedural legislation and the legal positions of the Plenum of the Supreme Court of the Russian Federation, it is argued and proved that a number of institutions of Russian law reproduce the logic of socialization of civil procedure. It is noted that the need to establish objective truth in the process determines the need to abandon the liberal model, which does not correspond to the experience of leading European states.

Involvement of children with migration history in the Russian education system is a necessary condition for their integration into the host society, their future economic and social success. Less than 20% of migrant children living in our country attend schools. But even their education causes serious problems due to poor knowledge of the Russian language, gaps in general education, and upbringing in a different ethno-cultural environment, often differing in its values and accepted rules of behavior. Russia and foreign states are implementing a variety of legal and organizational measures aimed at solving these problems and social adaptation of migrant children. The subject of this article is the analysis and generalization of the most effective practices.

An adequate and flexible impact of law on the economy is impossible without differentiation of legal regulation. At the same time, the legal regime for the activities of persons must be determined by their individual economic characteristics. The philosophical basis for constructing such legal regulation, which could consider the economic characteristics of individuals, is methodological individualism. Within the framework of methodological individualism, it is assumed that the study of social processes should begin with the study of the behavior of individual individuals. In addition, legal influence on society (in particular, on the economy) is possible only through legal influence on the behavior of individuals engaged in economic activity. From the standpoint of methodological individualism, many problems of law can be rethought. In particular, the article examines the functional approach to the construction of legal norms, thanks to which the hypotheses of norms take into account economic characteristics that can individualize participants in economic activity; arguments are made in favor of the fact that the subject of legal regulation is (economic) activity; the use of deontic operators in legal norms and the classical definition of the concept of legal status are criticized; provides a new look at the theory of legal facts.

Modern political and economic challenges have exacerbated the problem of high unemployment among young professionals and at the same time have created the problem of an acute shortage of qualified personnel. The reasons for this disparity can be found in the imbalance of youth policy and policy in the field of labor and employment promotion. The establishment of a mechanism for their interaction should begin with solving the issue of the inaccuracy of the conceptual apparatus used in the legal foundations of these areas of domestic social policy. First of all, it is necessary to reconsider the approach to the definition of the concept of “young professionals”. The purpose of the study is to scientifically substantiate the modernization of the concept of “young professionals” for the purposes of labor and employment legislation. Research objectives: to identify and analyze the legal content of the “young professionals” category in the context of labor and employment issues; to systematize guarantees of labor rights and rights in the field of employment promotion of young professionals; to formulate proposals for reforming Russian legislation in the field under study. The methodological basis of the research is the general scientific dialectical method of cognition of objective reality, various general scientific logical techniques, the method of content analysis and private legal methods of cognition (formal legal, comparative legal, historical and legal methods and the method of system analysis). Considerable attention is paid to the study of a large array of strategic planning documents and regulatory legal acts adopted at the federal and regional levels, as well as industry agreements. It is concluded that employment is one of the basic components of the quality of working life of young professionals. In this regard, the necessity of adapting the concept of “young professionals”, enshrined in the legal framework of youth policy, for the purposes of labor and employment legislation is justified. The variety of approaches developed in law-making activity to the definition of the signs of the concept of “young specialist” is revealed. To ensure uniform practice, it is proposed to formulate a definition of this concept on the basis of a dynamic approach and fix it in the legislation on employment of the population.

The article is devoted to the urgent problems of improving the institution of state secrets in the interests of strengthening the state sovereignty of the Russian Federation. The paper provides an information and legal analysis of the existing problems of the institute of state secrets in the context of improving Russian legislation in this area in the context of risks and threats of ongoing digitalization and conducting a special military operation determined by the processes of formation of a multipolar world. The authors have identified a number of problems in the field of legal protection of state secrets and proposed solutions based on the use of systematic, formal-logical and other research methods.

The article deals with the problems of theory related to the absence in the norms of the legislation of the Russian Federation of the definition of the concept of the legal status of a child, the elements that determine its content, which does not allow us to identify the specifics of the legal status of such a special subject of law as a child. Such a legislative provision has a very unfavorable effect on law enforcement, and ultimately on the child himself and his rights, which requires a revision of the foundations formed in the theory of law about the legal status of the individual, their modern “adaptation” in relation to the child.

The author comes to the conclusion that the trends in the development of legislation, the norms of which are aimed at regulating relations with the participation of a child, the degree of his activity in relations of a diversified type, indicate the need to highlight not only the general status, but also a special, individual legal status of the child, the content of which will allow more accurate identify the specifics of its legal status in comparison with other participants in civil circulation.

Practice has shown that neither active international cooperation in the development of agreements directly regulating relations in the field of private international law (PIL), nor numerous acts of lex mercatoria can eliminate the need to resolve a conflict of laws issue. In this regard, it is not surprising that the modern lex mercatoria includes not only material norms, but also rules for choosing the applicable law. The “pinnacle” of the conflict of laws lex mercatoria at the moment are the Principles on Choice of Law in International Commercial Contracts, developed by the Hague Conference on PIL in 2015. The Hague Principles are a holistic, systematized document that codifies an independent integrated institution of PIL – the right of subjects of cross-border private relations to choose a competent legal regulator themselves. The Hague Principles cover in detail the main issues of the conflict of laws party autonomy and contain extremely important concepts and definitions. This study analyzes the potential of the Hague Principles in the process of regulatory competition from the point of view of two aspects: the non-binding nature of the document and the requirement of “internationality” of the commercial contract. When writing the article, the methods of comparative analysis and comparative jurisprudence, formal logic, literal and contextual interpretation were used. The article concludes that from the point of view of regulatory competition, the non-binding nature of the Hague Principles is their advantage, since “soft law” certainly wins in international trade. The Hague Principles are a set of best practices, compiled taking into account both international and national experience in regulating conflict of laws party autonomy. If the state perceives them as a role model, this will allow it to increase the competitiveness of its own law and the chances of choosing it as the most effective in relation to international commercial contracts. However, not all decisions of the Hague Principles appear to be positive from the point of view of regulatory competition. In particular, limiting their use only to commercial contracts with objective links to two or more legal systems reduces their competitiveness. In the modern world, parties to domestic transactions should also be able to use lex mercatoria acts as a neutral, balanced law, effective from the point of view of international transactions.

The article deals with the problem of digital identification of personal actions. It draws attention to the fact that the use of virtual space creates an alternative social reality in which the functioning of personality takes place. Three main components characterizing the digital identification of personal actions as a phenomenon are singled out: digital profile, digital image and digital trace. It is assumed that further comprehension of the idea of digital identification of personal actions can be associated with the emergence of a program construct (digital avatar) based on the use of seamless digital ecosystems (SMART-environment), which will be able to fully replace a person in the network in legally significant situations.

The article provides an overview of the International Conference “The Russian statehood and challenges of the XXI century”, dedicated to the 30^th anniversary of the Constitution of the Russian Federation and the 40^th anniversary of the Department of State and Legal Disciplines of the Academy of Management of the Ministry of Internal Affairs of Russia.

The forum was held in a mixed (face-to-face and online) format on three discussion platforms (a plenary session, a round table and a rostrum of a young scientist).

The work of a foreign researcher Edward J. Swan is devoted to an overview of the legal regulation of social relations in the field of information use, in particular, on the Internet, but not limited to this. The author formulates his vision of Internet law as a set of international and national legal regulations governing the relevant social relations, provides the system and structure of Internet law according to his understanding. The author provides an overview of the main international legal acts in this area, consistently moving on to the consideration of the legal regulation of certain issues of Internet law in various states, including the United States, Europe, Asia and Africa. In conclusion, the author formulates his vision of the prospects for the development of this new industry and the impact of Internet technologies on the relevant social relations and their regulation.