Nº 9 (2023)

The article analyzes the philosophical and legal ideas and ideas of the famous scientist, thinker, jurist of the last quarter of the XX - beginning of the XXI century, Academician of the Russian Academy of Sciences V.S. Nersesyants. The ideas of ancient philosophers and representatives of the German transcendental-idealistic philosophy had a great influence on the formation and evolution of his legal views, the concept of jurisprudence formulated by him. In this regard, the comparison of his legal views with the ideas of Hegel’s Philosophy of Law, taking into account both dissertations of V.S. Nersesyants, is quite traditional for connoisseurs of the concept of jurisprudence of our contemporary. However, as the experience of a more detailed and in-depth analysis shows, interesting points of similarity of his legal ideas and the nature of their justification are also connected with other representatives of the German intellectual and philosophical culture of discussing the main problems of law and jurisprudence. Understanding the nature of successive and new aspects in the system of legal views of V.S. Nersesyants can serve as a basis for the development of his legal views in modern topical and prospective studies. The article offers some significant clarifications of the content and nature of the philosophical and legal heritage of V.S. Nersesyants, traces the connections of his concept of jurisprudence with the ideas of not only Hegelian philosophy, but also the teachings of other legal philosophers, as well as the later ideas of the neo-Kantian lawyer R. Stammler, the interpretation of law in the “Pure Doctrine of Law” of the Kantian G. Memel, and not only G. Kelsen, which allows us to present the theory of law of V.S. Nersesyants as an original version of this doctrine. The study also demonstrates that the concept of justice in the Philosophy of Law of V.S. Nersesyants has remained one of the unexplained, and promising studies of the foundations of social theory in the doctrine of civilization are also indicated.

The paper contains the analysis of the key, as for author’s opinion, milestones and vectors for the development of the Russian Statehood and constitutionalism in the context of the rapidly changed geopolitical conditions. There are indicated for the visible perspective some of the most significant points of effort application within the perimeter of domestic (national) affairs for the government and society: the refuse of neoliberal approaches to the meaning of the supremacy of Law and the construction of the Rule of Law State based on the social equity; the change of economic paradigm by means of substitution of the consumption economics by the creative and axiological saturated environment of people’s economy; caretaking on people in the context of complex decisions for the all-range tasks of people’s moral and dignity growth as well as of the sense of civic duty development.

The article deals with the problem of determining the nature and types of traditional moral and spiritual values as objects of legal protection. Today, Russian legislation does not contain a specific definition of this concept. It is proposed to proceed from the understanding of traditional values as public, state interests, directly or indirectly regulated by the norms of substantive and procedural law. Based on this, only the state (judicial) method of protection is applicable to them within the framework of constitutionally fixed procedural forms.

In the article, the author conducted a comparative analysis between the legislative approaches of various states on the functioning and development of the institution of citizens’ appeals. According to the results of the study, conclusions were drawn about some differences and similarities of regulatory prescriptions that regulate the procedure for the exercise of citizens’ rights to appeal. The weak and strong aspects of the implementation of the affected right are noted, taking into account the various ways of transferring the appeal from the applicant to the object of its receipt. Separately, touches on the issue of such a concept as “petition”, describes its properties and features of submission, as well as the legislative norms of its use in the context of building a model of interaction between a citizen and the state (public authorities). The author formulated specific proposals to amend Article 33 of the Constitution of the Russian Federation and the Federal Law “On the procedure for considering appeals of citizens of the Russian Federation”.

Like all mankind, law and the state as social phenomena and institutions are entering a new, non-equilibrium and dynamic phase of their development. The dynamics of this development clearly demonstrates several interconnected trends. These tendencies include: expansion of global integration processes with deepening contradictions between states and social groups; demolition of consolidated international legal norms; strengthening the role of the military component of International Law and its use in the implementation of global politics; an increase in the threat of global shocks (epidemics, wars, local conflicts, famine and energy crisis). Humanity is at the point of bifurcation, when the desire to satisfy the greedy interests or pathological needs of individual subjects can throw civilization into the darkness of the cruel past, where the “right of equal” and “the right of the legal” will be replaced by the “right of the strong”. Intellectual and intelligent social strata in the indicated conditions are called upon to form theoretical and methodological springboards to counter new negative trends, challenges and threats. One of the forms of such work is the preparation and publication of scientific works that reveal the opposite side of the barbaric way of being - law and values. Through the knowledge of law and social values, as well as the values of law, the evolutionary and civilization path of modern mankind is clearly demonstrated. In this aspect, the book “State and law: human rights and the world order based on the Rule of Law”, published in three volumes, is a clear example of how to resolve these contradictions. The authors present in the article their own reflections on the value concepts of the publication. These arguments are given from the socio-philosophical and psychological points of view. The axiological characteristics embedded in the book and the value-semantic premises addressed to the potential reader are consistently highlighted.

In the article, the author continues to study the features of the domestic form of government, dwelling on the content of the principle of separation of powers and its implementation in the public administration system of the Russian Federation. An analysis of the evolutionary development of the domestic form of government made it possible to identify the essential features and characteristic properties of the Russian system of public authority. Having considered the constitutional and legal status of the highest bodies of state power and administration - President of the Russian Federation, Government of the Russian Federation, Federal Assembly of the Russian Federation and Constitutional Court of the Russian Federation, as well as their functioning and interaction with each other in the light of the constitutional amendments of 2020, the author substantiates the model of the form of state government that has developed in the Russian Federation, which he proposes to call as constitutional monocracy.

Based on an interdisciplinary approach, the article analyzes the content and internal logic of the traditional question for criminology and sociology: “Why do some commit a crime, while others do not?” According to the authors, in the formulation of this phraseological unit, a methodological error was initially made, because it misrepresents the original message (“why do some people commit a crime”), which led to a false conclusion (“and others do not”). Thus, the historical reconstruction in the area under consideration shows that in the entire history of civilization there has not been a person (with the exception of the incapacitated and those suffering from criminophobia) who would not commit a crime at least once in his life. Therefore, it is proposed put this question differently: “Why do some, having committed a crime, bear criminal responsibility, while others remain unpunished?” Based on this reality, the article puts forward a hypothesis according to which delinquent behavior of a person (including criminal), as well as some genetic diseases, is an immanent property of his being, which was originally embedded in the DNA matrix of all without exception. people from the moment of their conception. This genetically predetermined program is activated in adolescence (12-15 years, sometimes even earlier) and retains its aggressiveness until a person reaches 50 years of age, after which its dynamics become weaker every year.

Analyzing various approaches to understanding the legal nature of the financial market, the authors study the features of the functioning of the Russian financial market. Consideration of the peculiarities of the emergence and fulfillment of financial obligations in the sphere of the financial market functioning allows the authors of the article to identify a number of problems and determine the main directions for their resolution. The use of research methods, including analysis and synthesis, the formal legal and comparative legal methods, allowed the author to conclude that the financial market is a system of economic relations aimed at accumulating and redistributing financial resources through the formation and fulfillment of financial obligations. based on credit, insurance, budgetary, fiscal and investment mechanisms in order to ensure stable economic development of the state. It is substantiated that the formation and execution of issuing financial obligations takes place in the conditions of the splitting of the functions of the regulator of money emission between the Central Bank of the Russian Federation, the budget system and financial development institutions, which leads to the creation of schemes for transferring money to the economy, bypassing the banking and budget system, preventing the Bank of the Russian Federation achieve the key objectives of the implementation of monetary policy. According to the authors, the urgent need is the creation of a single investment center within the national economy, focused on eliminating underfunding and undercrediting of economic entities and their associations.

The article considers the choice of the European Union in favor of nuclear energy: political decisions and legal acts at the EU level are analyzed in the light of the EU Taxonomy, which is a key piece of legislation aimed at promoting the Green Deal, the Law on Delegated Taxonomy, the EU Parliament Regulation on the classification of hydrogen, produced by nuclear power plants as a low-carbon, as well as the Clean Zero Industry Act (NZIA). Based on the analysis of political programs, provisions of strategic planning documents and legislation of a number of EU member states, the author notes that they are increasingly making decisions in favor of this energy source by setting specific goals and specific investment measures in national plans. The study also touches upon the issue of sanctions against Russian nuclear energy. It is concluded that the variability and inconsistency of the EU energy sector regulation requires a systematic analysis of ongoing initiatives both at the EU level and at the level of its member states in order to strategically prepare for increasing resilience in the crisis conditions of the Russian economy.

The authors of the article analyze the peculiarities of the development of society and the state in the conditions of transition to a new national development project – the data economy, as well as related modern trends in the development of Information Law. The data economy focuses primarily on a practice-oriented approach to the active implementation of domestic developments and the formation of technological sovereignty. The development of such a mechanism should be carried out on the basis of flexible regulation and support of production. As in the digital economy, the flexible regulation approach seems to be a priority in the data economy. But in order to achieve the desired result as quickly as possible, the task is to find new methods and approaches. In this regard, a flexible approach to regulation should be associated with the possibility of creating models for maximum resolution of the introduction and use of technologies with a strictly formally defined system of risks, for the occurrence of which there may be adverse consequences or certain corrective actions under the control of the state. In the article, the authors analyze how methods and approaches to regulating relations in the data economy should change. Awareness of the risks and threats emanating from artificial intelligence determines the question of the development and adoption of special legislation on artificial intelligence, which should be based on the basic federal law on artificial intelligence. The paper presents the arguments “for” and “against” such an act, its content, analyzes approaches to the regulation of individual issues. The problems of legal regulation of metaverses as a space for the development of the data economy are analyzed. It is concluded that a number of problems and risks that we have to face today in the formation of social relations in the metaverse, necessitate the legal regulation of these relations and the development of an integral system of legal norms, including at the level of strategic planning acts. The question of the expediency of using foreign experience in developing a Digital Code (on the example of the Kyrgyz Republic) is considered. In conclusion, the article analyzes the main problems that were discussed at scientific events on the problems of Information Law, including the Sixth Bachilov Readings held in 2023 at the Institute of State and Law of the Russian Academy of Sciences.

As a result of the work of the Third UN Conference on the Law of the Sea, which adopted the UN Convention on the Law of the Sea, a single international legal order was established in the oceans covering 2/3 of our planet and approved by virtually all States. An important part of it is the procedure for allocating from the common space of the World Ocean part of the waters and the bottom, lawfully subject to the jurisdiction of coastal States. With the warming of the climate on Earth, the water level of the World's oceans began to rise, and the established limits of the zones of jurisdiction are violated. Currently, two ideas have been formed for determining the limits of national jurisdiction: to fix the baseline for measuring zones of jurisdiction; to establish a fixed external limit of such zones. The UN Convention on the Law of the Sea is universally recognized and is not disputed by anyone.

The article provides a comparative analysis of the approaches of different countries to the issues of combating crimes committed using information technology. The relevance of such studies is due to a number of factors, including the increase in the number of computer crimes, the complexity of the legal regulation of the information space, the possibility of borrowing proven legal structures, etc. The methodological basis of the study is the comparative legal method. The article identifies promising areas for improving the legal system (further development of the terminological apparatus, clarified the composition of computer crimes in the Criminal Code of the Russian Federation, the formation is proposed of a new Doctrine of information security (taking into account the experience of Singapore), the creation of special response teams to cyber incidents, the introduction of legislative assigned obligations for organizations to notify relevant authorities about computer incidents, etc.).

The problems of differentiation are considered of labor relations in the context of the transformation of the labor sphere are considered. Based on the analysis of the process of legislative activity, a new basis for the differentiation of labor relations is identified, associated with the introduction of special measures in the sphere of the economy by the Government of the Russian Federation. The application of a differentiated approach in relation to individual enterprises or production facilities is considered. The article analyzes changes in the legislation on defense and the labor, undertaken in order to ensure the conduct of counter-terrorist and other operations by the Armed Forces of the Russian Federation, other troops, military formations and bodies outside the territory of the Russian Federation, providing for the adoption by the Government of the Russian Federation of a decision on the introduction of special measures in the economic sphere. Particular attention is paid to the issues of special measures in the sphere of the economy, according to which the Government of the Russian Federation can establish features of the legal regulation of labor relations. The powers of the Government of the Russian Federation to participate in labor relations with the introduction of special measures in the economic sphere are analyzed.

The review presents an analysis of volume 1 of the three-volume textbook of the Kazakh researcher M.H. Khassenov “Labor law of the Republic of Kazakhstan”. This educational publication is innovative, deviates from the generally accepted canons of classical textbooks in that it contains very extensive additional information on dissertations on the General part of Labor Law defended in the Republic of Kazakhstan and in the Russian Federation, as well as examples from the judicial practice of the Republic of Kazakhstan on labor disputes, statistical and reference materials. The opinions of legal scholars from both Western Europe and the EAEU states are presented, attention is drawn to the existing problems in the labor legislation of the Republic of Kazakhstan.