Gosudarstvo i pravo

The present research investigates a relatively such a new term in jurisprudence as legal anomie; the author defines it, indicates general and specific features of the legal anomie, which distinguish it from the other quiet similar notions. This kind of academic data can be used as a basis for the developing theory of legal anomie.

The article examines E. Fromm’s views on modern Western society from the perspective of psychoanalysis. His concept of social character, the phenomena of alienation, positive and negative freedom are revealed. Special attention is paid to the topic of social norms and social pathology of modern Western democracies (especially the USA). The article considers Fromm’s project on reforming the political and economic systems of Western countries on the basis of moral and mental change of a person.

The current version of the Criminal Code of the Russian Federation contains a number of defects of a technical, systemic and criminal-political nature. This is not enough to adopt a fundamentally new Criminal Code, because the current state of Russian society does not require changing the conceptual foundations of criminal legislation based on the Constitution of the Russian Federation. When preparing a new version of the Criminal Code of the Russian Federation, it is necessary to carry out a complete revision of its General and Special parts in order to identify and eliminate defects, modernize the norms of Military Criminal Law in accordance with the principle of full codification of criminal legislation, and resolve the issue of recognizing or denying the death penalty as a type of criminal punishment by constitutional and legal means. According to the author, the actual ban on the use of the death penalty was carried out by the Constitutional Court of the Russian Federation incorrectly.

The article is devoted to discussion of the subject of science of Administrative Law. It is concluded about the fallacy of understanding of the subject of science of Administrative Law by B. V. Rossinsky and authors which take a similar position with him (Yu. N. Starilov and others). Based on the concept of the subject of science of Administrative Law proposed by K. S. Belsky the auther highlights and considrs such elements of the subject of science of Administrative Law as administrative-law norms, administrative-law relations, administrative-law categories, law enforcement administrative practice. The role and meaning of doctrine were sown in the definition of the subject of science of Administrative Law.

The article analyzes the state and prospects of codification of legislation on information technologies in the context of digital transformation of the state, society and entrepreneurship. The analysis of the existing experience in the development of concepts and projects of Information and Digital Codes is carried out. A comparative analysis of the state and place of information legislation in the system of legislation of the Russian Federation is given. The problems and prospects of the adoption of the Digital Code of the Russian Federation are analyzed. The article concludes that it is necessary to continue working on the concept and content of the Information Code of the Russian Federation, as well as the priority of developing the General part of the Information Code of the Russian Federation and the corresponding terminological apparatus.

The paper considers the psychological and economic foundations of the formation of private property relations, which are based on the “sense of ownership” – the attitude to property as to one’s own, in the presence of an additional feature of a “sense of benefit”. The authors give a definition of property relations, which is based on psychological and economic foundations. The paper substantiates that private property under Russian law is a too generalized category – a single legal regime has been established for it, which does not correspond to the optimal legal regulation of property relations. The article substantiates the need to identify the subvarieties of private property, which have significant differences in psychological and economic motivation: classical, financial, social, collective and state-owned. Each subvariety of private property depends on the presence (absence) of a sense of ownership and a sense of benefit, as well as the presence (absence) of a certain level of property. Accordingly, civil legislation requires the legal consolidation of the subvarieties of private property, designating for each of them its own legal regime.

The subject of the work is a theoretical and legal study of the essence of the modern theory of Military Law based on the analysis of the premises formed in this field of knowledge and the study of some breakthrough developments conceptualized recently. The authors state and substantiate the thesis that today the study of Military Law as a field of knowledge in the light of the need to ensure military security with the development of trends in the restructuring of the global legal order and the emergence of new challenges and threats is becoming increasingly in demand.

Purpose. Generalization of modern essential aspects and theoretical constructs of Military Law in the modern scientific picture of the world.

Methods. The study was carried out on the basis and with the help of the application of systemic and axiological approaches, as well as methods of analogy, generalization, analysis, concretization and formal legal research. It is also worth noting the formal legal method used by the authors in the work, which made it possible to get to know the systems of Military Law and military legislation as widely as possible.

Conclusions. The prerequisites for the conceptualization of Military Law as a branch of legal science have been observed in social and humanitarian knowledge for a long time, this is clearly evidenced by theoretical and practical developments by major domestic experts. Military Law today as a coherent scientific theory, provides a legal and scientific response to modern challenges and threats to the country’s military security. This was creatively taken into account and interpreted in the present study. Within the framework of a theoretical study, an analytical and synthetic knowledge of the characteristics of the modern concept of military law that have developed in science is carried out, it is noted that in terms of its essential and value-semantic core, functions and method, it fully meets the criteria of scientific character and accumulates theoretical generalizations about it as a branch of law. The resultant author’s generalization carried out is an important step in concretizing the theoretical and legal foundations for the formation and improvement of Military Law as a science and academic discipline.

The problem of the need to determine the status of a cryonized (immersed in deep freezing minus 196 degrees Celsius) terminally ill person according to a special technique, in accordance with the contract concluded with respect to him for a long time for the purpose of his subsequent defrosting, when safety technologies for such defrosting and cryonized healing will be developed. It is noted that currently in our country there is no legislative and other regulatory regulation in this area, as there is no scientific and legal research on this topic. But some terminally ill people have an acute desire to undergo such technology, since cryonation, in their opinion, is the last chance not to die in the hope of future scientific achievements that allowed defrosting and curing the cryonized. And if there is a demand, there will be a supply. Today in Russia there is (since 2005) the only business structure that is gradually gaining “momentum”. Under such an agreement, a cryopatient is cryonized, biologically and legally deceased, which does not guarantee its safety – in legal terms – neither during long-term storage nor during defrosting. Taking into account that the legal capacity of a citizen arises from the moment of his birth and ceases with death, the article proposes to expand this concept at the expense of a new subject – a cryopatient – not fully alive, but not a corpse, which will not allow him to be treated as a corpse in the future.

The article explores the problem of the relationship between morality and law in general and in criminal proceedings in particular. It is proposed to consider morality as one of principles of law, and moral consciousness – legal awareness, and on this basis it is concluded that law and legal consciousness are connected not only purely legally, but also in a moral way. That is, they have a common moral foundation, moral nature. The approach is justified, according to which the domestic model of criminal proceedings should be formed primarily taking into account the moral needs of society and the individual. The moral aspect is defined as a system-forming category for both criminal procedure law and the law enforcement authority, which in turn should serve to improve the guarantees of a fair investigation and resolution of criminal cases, and to achieve the necessary balance of public and private interests in the criminal process.

The absence of clauses on the legal regime of the natural resources of celestial bodies in the Outer Space Treaty, together with the development by the United States with its partner states of favourable legal conditions for their legal entities and individuals for the mining of space resources on celestial bodies, has highlighted the need for scientific proposals on the relevant Russian legal response. The article after analysing the legislative and treaty acts of the United States in the general context of International Space Law makes such initial proposals.

The article presents a scientific study of the issues of mutual influence, the relationship between the norms of Sharia and adat law among the Vainakhs (Chechens and Ingush). The fundamental purpose of the research is the historical and theoretical-legal analysis of individual norms of the Vainakh adate law in the prism of their correlation, mutual influence with the norms of Islamic law and Sharia. Research objectives: characteristics of individual customs that formed the adat law of the Vainakhs; study of the mutual influence of the norms of adat law and Sharia law in historical perspective and in the period of modernity; analysis of the line of permissible/illegal human behavior under Islamic law; characteristics of the concept of madhabity in Islamic law. The hypothesis of the study: the established adats and norms of behavior among the Vainakhs, as well as the principles of interpersonal interaction on various issues and spheres of activity among Chechens, almost completely correspond to the Islamic religion and Sharia norms. The chronicle of the study covers the historical period of the formation and development of adat law with the subsequent spread of the principles of Sharia and up to the modern picture of the day regarding the phenomena studied in the context of their legal realization. The issues of the influence of adat and Sharia norms in family and marriage relations, during religious rites, including funerals, are investigated. The paper provides field materials obtained by the author on the subject under study as examples implemented in practice. The analysis of the line of human behavior in Muslim law, based on the categories of forbidden (Harama) and permissible (Halal). Information is provided about madhhabism in Fiqh schools. The conclusion is formulated that in a situation of possible contradiction between the norms of Adat and Sharia, the prevailing importance should be given to the norms of Sharia.

The article is devoted to the study of the current state of the legal regulation of arbitration in the USA. The author analyzes the transformation of regulatory sources – regulations, court precedents, regulations of arbitration institutions in 2019–2022. It is noted that in 2022, the chapter 4 was added to the US Federal Arbitration Act. A brief analysis of the latest precedents of the U. S. Supreme Court and the Appellate Courts of the districts in the field of arbitration is given.

Objective. To form understanding of the formation and development of arbitration in the United States based on the analysis of regulations, judicial precedents, and scientific sources.

Methods. Theoretical methods of formal and dialectical logic; empirical methods of comparison, description, interpretation. Private scientific methods were used: legal-dogmatic and method of interpretation of legal norms. Results. The conducted research showed that the decision of the US Supreme Court in 2022 in the case “ZF Automotive US Inc et al. v. Luxshare Ltd” clearly demonstrates the tendency of increasing court interference in arbitration practice.

Conclusions. The main trends in the practice of US arbitration institutions over 2019–2022 include: a) accelerated arbitration; b) emergency arbitration; c) simplified (summary) proceedings; d) virtual hearings and digital tools; e) data protection and cybersecurity. These trends should be regarded as positive and recommended for implementation in the regulations of Russian arbitration institutions (arbitration courts).

The article discusses the results of the reform of the legislation on the periodical press of 1904–1906. A comprehensive analysis of the norms of administrative, criminal and criminal procedure legislation and law enforcement practice has been carried out. Statistical data from archival documents of the Ministry of Justice of the Russian Empire and the Chief Administration for Press Affairs, which are being introduced into scientific circulation for the first time, are presented. Based on a wide range of sources, the conclusion is made that after 1905 the position of the periodical press in the Russian Empire changed fundamentally, and in 1906–1914 the press functioned in conditions of real freedom of the press.

Social concern with issues of justice, objectivity, independence and effectiveness of justice has accompanied humanity since the time of the need to resolve disputes that arise by turning to a third independent judge. Much has been said about this in the writings of ancient authors during the existence of classical scientific rationality. In non-classical scientific rationality, this discourse acquires its specific characteristics, and the achievements of post-non-classical science objectify the need for further transformations in the judicial sphere, the legitimacy of justice. This is due to the fact that the structure of the judiciary is in a relationship of functional dependence on social systems as one of the substructures of state power, which has a huge impact on the economic, political, rule-making, cultural and moral spheres of social practice. For the judicial system at all times, the attributive properties are not only the continuity of its existence, but also the dynamism of its own structures or individual institutions, which at various stages of real existence are characterized by transformational changes, sometimes cardinal. In order to increase the efficiency of the social functioning of the judicial system, to meet its needs of legal development, it is necessary to generalize scientific ideas about judicial transformations as a real historical and legal phenomenon that accompanied the existence of state power. The article characterizes the essential features of the concepts “judicial system”, “judicial reforms”, “judicial reform”.

On June 14, 2023 at the Institute of State and Law of the Russian Academy of Science the All-Russian Scientific Conference with international participation “Institutes of public authority: adaptation to changing conditions of functioning” was held. Representatives of the leading Russian scientific and educational institutions, as well as researchers from Belarus and Uzbekistan discussed a wide range of problems related to the understanding of public authority and justification of its types, the specifics of implementation of the principle of separation of powers and interaction of various branches and levels of public authority in the modern conditions, ensuring the independence of the judiciary and implementation of constitutional review, as well as the interaction of public authorities with the population and civil society institutions. Particular attention was paid to the impact of information technology on the activities of public authorities.

This is a review of the textbook “Foundations of the Russian Statehood”, written by a team of brilliant professionals under the guidance of Doctor of Law, Professor, Honored Scientist of the Russian Federation A. V. Mal’ko. The review states that the publication of this textbook, designed for various bachelor’s degree programs, is a significant event for Russian academic and student community for a number of reasons. Firstly, the textbook under review complies with the instruction made by the President of the Russian Federation V. V. Putin to the effect that the discipline in question should be integrated with all educational programs of higher education. In addition, the textbook at issue meets the demands of Russian society for special emphasis on the Russian statehood in the course of education, irrespective of a future profession chosen by a student. Secondly, this textbook contains a complete and perfect characterization of Russia as a great state-civilization, presenting the most interesting pages of its history, fundamental achievements and discoveries focusing on the key notions and values that constitute the heritage of Russian society.

It is emphasized that the textbook conveys a required scope of information to the students making them aware of traditional Russian spiritual and moral values, and feel integrated with the great Russian history and culture, its past, present and future.

In 2020, based on the results of the all-Russian vote, the current Constitution of the Russian Federation was changed, it was supplemented by a number of new important norms relating to a variety of areas of constitutional and legal regulation. However, today a number of authors, experts, and representatives of government bodies raise the question of the need to continue to correct the Basic Law of Russia. Among such authors is N. M. Dobrynin, who in his article “The Russian constitutionalism in the framework of new geopolitical environment: milestones and vectors”, published in the journal “State and Law” of the Russian Academy of Sciences (2023. No. 9), outlines ways of possible changes to the Russian Constitution, including the establishment of guarantees of social justice and strengthening the spiritual and moral foundations of the country’s socio-political structure.