Том 29, № 3 (2025): INTERNATIONAL LAW. FOREIGN LAW

The task is to explore the optimal, healthy statehood for society and all its social strata. The focus lies on people’s standard of living, the protection of citizens’ rights and freedoms, and the prospects for their development. The author notes that legal science studies the so-called failures of the state - such as ineffective policies and shortcomings of individual reforms and programs - only weakly and in fragments. Aristotle, in his book Politics , referred to these phenomena as deviations in social development and introduced the concept of the “deviant state” into scientific discourse. Following Aristotle, the idea is advanced that the optimal state is one in which the population - all its components - is relatively satisfied with their lives and conditions. Otherwise, the state should be considered weak, effective, or even entirely dysfunctional. According to Aristotle, deviation is the greatest harm to society. State power should strive for virtue and happiness, which requires significant effort from both government structures and society itself. The “eternal” ailments of society include an unproductive economy, low birth rates, alcoholism, inadequate pension provision, insufficient housing, and poor environmental conditions. State measures to address these problems are often insufficient - frequently due to their cost - or ineffective because of the absence of proper programs, poor organization, and the lack of interest among officials and bureaucrats. Efforts to create a healthy and effective state are often hindered by distortions in the separation of government powers, a crisis of parliamentarism, loss of judicial independence, international conflicts, and the absence of quality local self-government. In federal states, nominal federalism also fails to improve the population’s quality of life or address deviations in the state mechanism. The suppression of religious denominations by the state and its structures is another significant factor in assessing the level of state deviation. The result of ineffective state decisions in confronting society’s “eternal” ailments, along with internal breakdowns within the state mechanism, is the emergence of an alienated state and destorshions in social and political systems, accompanied by the flourishing of corruption. The alienated state is depicted as a social and political entity that exists by itself rather than for society. However, it is recognized that the state is a product of society, created for society and its structures, and is wholly accountable to it. A deviant state contributes to the growing alienation of the population from state and municipal authorities. Social, political, and legal alienation pose the greatest danger to society’s prospects. The problem of rational state organization, as addressed by Hegel, is raised. A rational structure of statehood forms a political mindset whereby the “rational” becomes the inner, subjective content of individuals. The state should be founded upon such a society.

The article examines the implementation of public authority in the healthcare sector of BRICS member countries, using the Federal Republic of Brazil as a case study. The author reviews a range of contemporary works by domestic and foreign legal scholars focused on the modern structure of the state and its involvement in governance systems - bodies, structures, and institutions operating at various levels. The strengths and weaknesses of the current implementation of public authority in Brazil’s healthcare sector have been identified. The article explores how certain aspects of Brazil’s public power organization can serve as an example for improving the system of public authority in the Russian Federation, taking into account the current macroeconomic context of international politics and the geopolitical situation.

The amparo procedure is analyzed as a means of protecting the subjective rights and freedoms of citizens in the context of the sectoral features of the legal system. A comparative legal analysis is conducted, contrasting the amparo procedure with other means of constitutional protection known in world practice. This analysis reveals the phenomenon of “sectoral amparo” exemplified by Spain and Latin American countries. The idea is presented that “sectoral amparo” constitutes an important element of the national constitutional identity of the legal and order systems in many countries worldwide. The focus is placed on Mexico’s experience as the first country that to introduce the amparo procedure into legal system. Thanks to the innovations in the Mexican Constitution, the amparo institute has gained widespread recognition in global practice.

Inter-municipal cooperation enables municipalities to perform their functions more efficiently, especially under conditions of limited resources. However, in many countries the practical implementation of inter-municipal cooperation in practice faces challenges such as imperfect legislation and differing interpretations of municipal authority. This makes the study of foreign experience particularly relevant. Argentina stands out for its extensive and varied experience in regulating inter-municipal co-operation. The diversity of legislative approaches among Argentina’s provinces provides a valuable basis for comparative analysis. Of particular interest is Argentina’s constitutional guarantee of municipal political autonomy, which shapes the legal landscape for inter-municipal cooperation. The purpose of this article is to comprehensively examine the forms and mechanisms of inter-municipal co-operation employed in Argentina. The methodological basis of the study includes general scientific methods of analysis and synthesis, as well as comparative-legal and historical approaches. The study examines both federal and regional Argentine legislation, law enforcement practices, and relevant doctrinal sources. The findings indicate that Argentina’s approach to regulating inter-municipal cooperation exemplifies the practical realization of the constitutional municipal autonomy. Provincial legislation on this issue is notably diverse: in some provinces, inter-municipal cooperation is regulated by both public and private law, while in others it is treated solely as a public law matter. The Argentine experience offers valuable insights that could be adopted for use in Russia, provided they are appropriately tailored to the local context.

Ad hoc arbitration, due to its flexibility and efficiency, is resolving international commercial disputes. However, gaps remain in Chinese arbitration legislation regarding ad hoc arbitration. In recent years, China has made attempts to develop ad hoc arbitration in specific regions, such as pilot free trade zones, gaining relevant experience. Although the Arbitration Law of the People’s Republic of China (Revised Draft, 2024) includes provisions on ad hoc arbitration, it still faces challenges, such as ambiguous criteria for validating arbitration agreements and deficiencies in the selection and appointement methods of arbitrators. The study aims to explore the formation and development of ad hoc arbitration in China to identify existing issues in the law’s practical application. Particular emphasis is placed on both theoretical and practical aspects, including the prerequisites, evolution, legal challenges, and prospects for ad hoc arbitration’s development in China. The analysis focuses on how the concept of ad hoc arbitration evolves across different Chinese regulatory instruments. Methodologically, the research combines general and specialized scientific methods, including dialectical, historical, and comparative approaches. The study concludes with proposals to revise the Arbitration Law of the People’s Republic of China by adjusting elements of ad hoc arbitration agreements, introducing an arbitrator information disclosure mechanism, reducing the dependence between arbitrators and arbitral institutions, and incorporating international best practicies-such as provisions from the UNCITRAL Model Law on International Commercial Arbitration. These reforms aim to accelerate the institutionalization of ad hoc in Chinese legislation, enhance the international influence of Chinese arbitral institutions, and provide a more efficient and accessible method for resolving commercial disputes.

The article investigates the integration of standards from the International Federation of Consulting Engineers (FIDIC) and the International Organization for Standardization (ISO) into the legal systems of the United States, China, Russia, India, and the European Union. The topic is increasingly important due to the growing number of cross-border infrastructure projects and the rising demands of international financial institutions. The analysis highlights recent changes in the Russian regulatory framework, including the repeal of several mandatory requirements under the “regulatory guillotine” policy and the establishment of a new register of construction norms, both of which have significantly affected legal enforcement. Special attention is given to terminological discrepancies, such as the translation of the term “Common Data Environment”, and to challenges arising from implementation of international standards across different jurisdictions. The study shows that the United States and China demonstrate substantial flexibility in adapting these standards, while in the European Union, supranational regulation plays a central role. The novelty of the research lies in identifying obstacles and opportunities for harmonizing international and domestic construction standards, aiming to reduce legal conflicts and enhance the competitiveness of Russian companies. The conclusions include recommendations for clearly distinguishing mandatory from recommended construction norms, standardizing legal terminology, and amending legislation to restore the personal liability of technical clients in the Russian Federation.

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On April 19th, 2025, the annual international scientific conference for students and young scholars on the theme of “Law and Sustainable Development” was held. Organized by the Law Institute of the Peoples’ Friendship University of Russia in collaboration with its Sochi branch, the event aimed to explore the significance of legal frameworks in promoting sustainable growth and development. The conference featured a conmprehensive scientific program, including a plenary session and multi workshops. The participans had the opportunity to discuss the key obstacles hindering the achievement of sustainable development goals.