№ 10 (2023)

The article analyzes the philosophical and historical ideas of N. Ya. Danilevsky and their significance for the development of cognitive capabilities of the Philosophy of Law. The leitmotif of the research is the idea that the theory of cultural and historical types developed by N. Ya. Danilevsky remains the property of only philosophers and historians, but is undeservedly overlooked by lawyers. The main reason for this situation is the complexity of the historical and philosophical reconstruction of his theory of cultural and historical types in the context of the analysis of the state and law. In addition, the article draws attention to the role of a one-sided Eurocentric understanding of the philosophy of the history of political and legal thought and the history of state and law. The ideas of N. Ya. Danilevsky are accompanied by significant distortions and falsifications in Western literature, primarily American and German. The methodology of the research is based on the use of traditional methods of analyzing political and legal doctrines, first of all their structural division, accompanied by a conditional separation of the logical and conceptual (theoretical) part and the concrete historical part.

The article analyses the peculiarities of the institute of interim measures and preliminary interim measures provided by the section 144.1 of the Civil Procedural Code of the Russian Federation in the part of their taking by the court. The authors draw attention to the temporary nature of interim measures, which involves the return of the parties to the initial position in the event that the claims are recognized by the court as unfounded. However, difficulties of a technical nature arise in this part when the court takes preliminary injunctive relief under section 144.1 of the Code of Civil Procedure of the Russian Federation in the form of obliging the Federal Service for Supervision of Communications, Information Technology and Mass Communications and other persons to stop creating technical conditions for the placement, distribution and other use of the disputed musical work. As a rule, after the filing of an application for interim measures by the applicant claiming that his rights have been violated by placing an object of copyright and related rights on the Internet, either the defendant himself or the Federal Service for Supervision of Communications, Information Technology and Mass Media essentially removes the corresponding work or a link to it. After filing an action to prohibit the creation of technical conditions for the placement, distribution and other use of the disputed work, in accordance with the procedure stipulated by part 5 section 144.1 of the Civil procedural code of the Russian Federation for its consideration on the merits sometimes requires the expertise to establish the identity of the work posted on the Internet by the defendant and the work in respect of which the plaintiff claims the exclusive rights. This is particularly relevant when disputes arise regarding the posting of phonograms, since multiple phonograms are allowed and the court needs to establish the identity of the phonogram claimed by the plaintiff and the phonogram posted by the defendant and in respect of which the court has taken preliminary injunctions. Even the mere possibility for the defendant to re-post the phonogram on its website after the plaintiff’s claims have been found unfounded does not undermine the fact that the restoration of the defendant's rights to post the phonogram on its website is not through the lifting of provisional measures to resume access to the previously posted work, but through its new posting by the defendant. The foregoing contradicts the provisional nature of the interim measures.

The article analyzes the content of the monograph by I.V. Kolosov, which shows the history of the emergence and development of legal consequentialism as a complex of legal theories that evaluate the correctness of the actions of the legislator and the law enforcer depending on the result. The author’s contribution to the study of historical and theoretical ideas about consequentialism in law is emphasized, starting from the use of the principle of utility in ancient Indian and ancient Chinese monuments of legal thought, in ancient philosophy, etc., including the legal thought of the early modern period, classical utilitarianism, near-conventional ideas of Russian Philosophy of Law of the late 18th - early 20th century, as well as various versions of modern Western consequentialism. Directions for further study of this issue are outlined, related to the comprehension of the utilitarian orientation of the Bolshevik ideology and the understanding of Soviet law conditioned by it as a means of achieving goals external to the legal system; with the substantiation of the position on the debatable issues of legal theory, referred to as “economic analysis of law” (Law and Economics); with an assessment of the possibility and limits of using the ideas of consequentialism in Russian judicial practice; with the disclosure of the heuristic potential, significant for law, of the interpretation of utilitarianism developed in modern Russian philosophy as an ideological factor in Russian modernization.

The article analyzes the problem of the correlation of legal responsibility and punishment. The reasons that determine the diversity of approaches to the relationship of the concepts under consideration are revealed. Based on a number of methodological prerequisites (certainty in the understanding of the categories being compared, the inadmissibility of considering legal liability in isolation from other, basic categories of legal science and, above all, state coercion, the need to distinguish between the concepts of “bringing to legal responsibility” (“sentencing”) and “implementation of legal responsibility” (“implementation (serving, execution) punishment”), justifies the conclusion, that the concept of “legal responsibility” in its traditional (retrospectively negative) understanding as a measure of adverse consequences, appointed by an authorized legal entity in a special procedural order for an offense committed, is identical to the concept of “punishment”.

The article substantiates the judgment that changes in the method of Labor Law in modern economic and political conditions are caused by two main factors - transformation of the content of Labor Law functions and expansion of the scope of labor legislation. In turn, the content of functions of Labor Law is a reflection of goals and tasks of labor legislation, the content of which also changes in accordance with state-legal policy, more focused on guaranteeing the labor rights of citizens. It is obvious that centralized, imperative component of Labor Law method is strengthening in order to provide the balance of interests not only of an employee and an employer, but also of the state. The development of the dispositive method can be associated with the expansion of the scope of Labor Law caused by the transition to a digital economy and the increasing complexity of the typology of labor relations.

The article is devoted to the study of the peculiarities of nature and its resources in order to determine the place of environmental and Natural Resource Law in the legal system, as well as on this basis to resist the persistent harassment of civilists to own land and other natural resources exclusively in the field of civil law regulation. The study is conducted in the methodological context of the provisions of the General theory of law, the theory of public law, the doctrine of Ecological and Natural Resource Law, the provisions of the Constitution of the Russian Federation, the positions of the Constitutional Court of the Russian Federation, expressed in its decisions on cases of environmental disputes.

The article presents an analysis of the main scientific publications of the leading administrative expert, Doctor of Law, Professor, Honored Lawyer of the Russian Federation Pеtеr Pavlovich Sergun in the year of his 70th birthday. An assessment is given to the scientific developments of the scientist in the areas of public service, administrative reform, administrative responsibility, administrative and information legal relations, digitalization of public administration, and the introduction of artificial intelligence technologies in management activities. The significant contribution of the hero of the day to the development of the categorical apparatus of jurisprudence in general and the science of Administrative Law in particular is noted. Conclusions are formulated about the prognostic nature of P.P. Sergun, the basis of his scientific research on foresight as the most important factor in the development of the science of Administrative Law.

In the article, the author considers the features of the legal personality of children due to their participation in relations of a diversified type (civil, family, procedural, labor), reveals the features of their legal capacity and capacity, presents the relationship between the subjective rights of the child and the specifics of his intersectoral relations arising in connection with his participation in a variety of relationships. The article formulates a conclusion about the need to take into account in the process of legal regulation of relations with the participation of children precisely the norms of a sectoral type, since they determine not only the content of his special legal capacity, but also allow specifying the meaning of the individual criteria of the child (age, gender, health status, social status and etc.) in the content of its legal personality.

The processes of national codification of Private International Law and International Civil Procedure in the modern world are characterized by high intensity, but each state demonstrates its own specific features. In this regard, Latin American countries are of great interest – the codified Private International Law appeared in many of them already in the XIX century, and then the processes of its regional unification began. Despite the fact that the national Private International Law in all these countries was initially internationally oriented, each legislator solved the issues of its systematization in his own way. In view of this, it is of interest to undertake a brief analysis of the General Law on Private International Law of Uruguay, which was adopted in 2020 and entered into force in 2021. The research is aimed at clarifying and understanding the motives for the recodification of Private International Law / International Civil Procedure of Uruguay; analyzing the method (form) of codification and identifying the reasons for its election; evaluating the method of codification and the main novelties that have been consolidated in the new normative act. During the research, the relevant legal methodology was used: comparative legal and dialectical methods, methods of historical analysis, semantic and dogmatic interpretation of the law. Analysis of the General Law of Uruguay allows us to conclude that the method of two-fold codification of Private International Law / International Civil Procedure chosen by the legislator is not entirely successful: it lacks the most important part - the rules on recognition and enforcement of foreign decisions. An autonomous complex codification of Private International Law / International Civil Procedure has been carried out in the country, but it turned out to be logically incomplete. The new General Law deserves high evaluation for its content, successfully combining traditional Latin American approaches with the latest developments present in international acts and doctrinal studies.

The article proposes a periodization of the history of the magistrate’s court in Russia, based on the methodology of chrono-discrete monogeographical comparative jurisprudence. As the boundaries of the periods, the dates of the adoption of regulatory legal acts that introduced, abolished or radically reformed the institution of the magistrate's court in Russia are proposed. In the history of the magistrate’s court in Russia, the authors distinguish six periods: 1) November 20, 1864 - July 12, 1889 - the period of the functioning of the magistrate’s court in the Russian Empire on the basis of the Judicial Charters on November 20, 1864; 2) July 12, 1889 - June 15, 1912 - the period of territorially limited action of the magistrate’s court in the Russian Empire, when there was a replacement in most places of justices of the peace with zemstvo district chiefs; 3) June 15, 1912 - March 3, 1917 - the period in which an attempt was made to restore the magistrate’s court throughout the Russian Empire; 4) March 3, 1917 - November 22 (December 5), 1917 - the period of attempts by the Provisional Government to reform world justice; 5) November 22 (December 5), 1917 - December 17, 1998 - a chrono-discrete pause in the history of the magistrate’s court in Russia; 6) December 17, 1998 - present - the period of functioning of the institution of the Justice of the Peace in the Russian Federation on the basis of the Federal Law “On magistrates in the Russian Federation” and the legislation of the constituent entities of the Russian Federation.

The article is devoted to the problems of the moral foundations of the life of society and the state. Special attention is paid to the concept of the moral state of Professor S. N. Baburin, its essential importance for the development of Russian statehood at the present stage is indicated. Following the concept of S.N. Baburin, the article notes that the constitutional reform carried out in Russia in 2020 has become an important stage on Russia’s path to the ideal of a moral state, focuses on new legislation, substantiates a proposal to deepen the moral component in the programs of political parties and in the content of legal education.

In May 2023, at Derzhavin Tambov State University (Derzhavin University) held the VII International Scientific and Practical Conference “Plevako Tambov Legal Readings”. The university organized it jointly with the Tambov branch of the Russian Lawyers Association, the Plus Guarantee Tambov company and the Election Commission of the Tambov Region. The Conference participants are scientists-lawyers, students and teachers of Derzhavinsky University, representatives of the Tambov Regional Court, the Arbitration Court, the Prosecutor’s Office and the Chamber of Lawyers of the Tambov Region. They discussed the certification of scientific and pedagogical personnel in modern conditions, current issues of the institution of representation in administrative proceedings, ensuring a balance of private and public interests in certain institutions of Financial Law, the place of justice in modern civil proceedings, etc. At the panel discussion “30th anniversary of the electoral system of the Russian Federation” election organizers, experts and young people discussed many years of experience in developing and improving the electoral system and agreed on further interaction in the electoral sphere. The Conference continued with sectional sessions in the following areas: “Historical and legal problems of the development of Russian statehood”, “Legal regulation of property relations: ensuring a balance of private and public interests”, “State policy of combating crime”, “Problems in the field of ensuring national security and law and order: specifics, threats, priorities, counteraction”, etc. Based on the results of the Conference, a collection of materials with reports and abstracts of participants has been prepared; individual reports will be published as articles in leading scientific legal journals.

The review highlights the main topics and problems of the new monograph by B.S. Ebzeev on the constitutional process in Russia, which has been taking place over the past 30 years. The work of the famous lawyer and statesman provides a dogmatic, historical, political-ideological, sociological and philosophical analysis of the problems of Russian statehood in connection with the Constitution of the Russian Federation of 1993. The book proves that the Constitution of the Russian Federation, with all its shortcomings, made it possible to prevent civil confrontation, get out of the most severe political crisis and preserve Russia as a sovereign state.