No 10 (2025)

ARTICLES

Nature-like technologies in agriculture as the basis for rational use of natural resources in the industry: directions for the development of legal regulation and law enforcement

Rednikova T.V.

Abstract

The relevance of the study is determined by the growing problem of food security in the context of demographic growth and the need to develop agricultural production, taking into account the protection of natural resources. The article discusses a range of issues related to the introduction of nature-like technologies in the agricultural sector of the economy. The purpose of the work is to analyze modern approaches to the development of agricultural production based on nature-like technologies, to study the legal mechanisms for their implementation and to assess the impact on ensuring food security of the state. Special attention is paid to the importance of legal regulation of innovative agricultural methods, which is important for developing strategies for the development of this area, taking into account the results obtained in the process of a comprehensive interdisciplinary study of the possible practical application of such technologies, their advantages, as well as possible negative consequences. Using general scientific and special methods (historical analysis, generalization, formal legal, comparative legal), the article examines strategic documents and regulatory legal acts in the field of the development and application of nature-like technologies and other innovative methods of agricultural production, the article concludes that the further development and implementation of such technologies will solve many problems. the problems of the modern agricultural sector and ensure food security for both individual countries and the whole of humanity. At the same time, the process of improving legal regulation in the field under consideration should not lag behind the speed of scientific and technological progress, on the one hand minimizing possible risks, and on the other hand ensuring a proper degree of freedom of scientific research and optimizing the processes of their practical implementation. Priority should be given to the development and consolidation of criteria for classifying technology as nature-like. Government support measures for the practical implementation of nature-like technologies, both administrative and financial, as well as the training of specialists in various fields with the necessary knowledge and skills, also need to be regulated.
Legal research. 2025;(10):1-11
pages 1-11 views

Abuse of the right to make a lawyer's request: limits of acceptability and liability for violations

Evteev K.I.

Abstract

The subject of the study is the institution of the lawyer's request as a key status right of the lawyer, ensuring the realization of the constitutional right to receive qualified legal assistance. The article is devoted to analyzing the legal nature of the lawyer's request, defining the limits of its permissible use, and identifying forms of abuse of this right. Seven criteria for the legitimacy of the lawyer's request are examined, including its connection with providing assistance to a specific client, the evidentiary nature of the requested information, the correspondence to the competence of the addressee, and the observance of attorney-client privilege. Special attention is given to the analysis of six main forms of abuse of the right to a lawyer's request, including sending requests beyond the scope of legal assistance, using requests to obtain legal clarifications, and discrediting procedural opponents. Disciplinary liability of lawyers for violations in the use of the lawyer's request is also considered. The work employs the formal-legal method for analyzing legislation on advocacy, the comparative-legal method in studying the disciplinary practices of various bar associations, as well as the system analysis method to determine the criteria for distinguishing between lawful use and abuse of the right to a lawyer's request. The scientific novelty of the research lies in the comprehensive systematization of the criteria for the legitimacy of a lawyer's request and the classification of forms of abuse of this right, taking into account current legislation and disciplinary practice. For the first time, a holistic system of seven criteria for permissible use of a lawyer's request and six forms of its abuse is proposed. It is concluded that a lawyer's request is a means of gathering information to provide qualified legal assistance, rather than an independent type of such assistance, which is fundamentally important for defining the limits of its use. The necessity of maintaining a balance between ensuring effective protection of clients' rights and preventing abuses that undermine trust in advocacy as a public institution is substantiated. It is established that abuse of the lawyer's request violates the principle of good faith and may entail disciplinary liability up to the termination of the lawyer's status.
Legal research. 2025;(10):12-23
pages 12-23 views

Adaptive constitutionalism in the context of migration-driven transformation: challenges to national identity and institutional adaptation strategies

Poyarkov S.Y.

Abstract

Contemporary migration processes represent not merely a demographic phenomenon but a fundamental challenge to traditional constitutional paradigms, which have long been predicated on the assumption of a homogeneous national legal and cultural space. Globalization, armed conflicts, economic instability, and climate crises generate unprecedented population movements that transform not only the social and ethnic composition of host states but also the very understanding of sovereignty, citizenship, and the legal status of the individual. In this context, growing tension emerges between the universal norms of international law—enshrining migrants’ rights as an integral part of human rights—and national constitutional frameworks oriented toward protecting historically established values, identity, and public order. Consequently, the constitution ceases to function solely as an internal state act and enters into dialogue with transnational legal realities, necessitating a rethinking of its role as an instrument not only of legitimizing power but also of managing social complexity. This dilemma is particularly acute in states with recently formed or reconstructed constitutional systems, where the process of constitutionally articulating national identity remains incomplete while migration exerts direct pressure on political stability and legal culture. The methodological foundation of the study is an interdisciplinary approach combining constitutional legal analysis, comparative legal methodology, elements of sociological research on legal consciousness, and doctrinal interpretation. Additionally, the research employs analysis of international and regional migration standards, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990), the European Agenda on Migration, and regional agreements within the CIS framework. This comprehensive methodology enables the identification of general trends while accounting for the specificity of legal cultures—a crucial consideration when addressing issues concerning national identity and sovereignty. The scientific novelty of this study lies in the systematic development—within both Russian and international constitutional legal doctrine—of the concept of “adaptive constitutionalism” as a theoretical and normative response to challenges posed, among others, by migratory transformation. Unlike traditional approaches that view the constitution as a static document fixing a once-and-for-all social contract, adaptive constitutionalism is understood as a dynamic model capable of institutional and substantive evolution in response to internal and external factors, including migration flows. The study contributes to the theory of legal identity by integrating it with migration law and constitutional theory—an especially relevant endeavor for the post-Soviet space, where nation-building and constitutional identity formation occur alongside intense migratory exchanges. Comparative analysis reveals that the most effective strategies combine inclusivity with clear legal boundaries, as exemplified by the Canadian model of multiculturalism or the German model of constitutional patriotism. In the Russian context, however, mechanisms for genuine integration remain underdeveloped, and there is a risk of instrumentalizing constitutional identity to legitimize restrictive migration policies. The article concludes that adaptive constitutionalism does not weaken but rather strengthens the constitutional order by enhancing its legitimacy, inclusivity, and capacity for reflexive self-transformation.
Legal research. 2025;(10):24-40
pages 24-40 views

The Evolution of the King's Law of 1665 as a Constitutional Act of Absolute Monarchy in Denmark: Content, Significance, and Evolution

Moshin V.A.

Abstract

The King's Law of 1665 is a unique legislative act that not only laid the foundations of absolute monarchy in Denmark but also had a long-term impact on the formation of Danish statehood and the legal system of this Scandinavian country. Its study is of interest in the context of identifying common patterns of constitutional development in foreign states and determining the role of historical heritage in it. The analysis of the factors that influenced the development and adoption of this law, the features of its implementation, and its impact on the transformation of Denmark's political system deserves attention. The King's Law is comprehensively analyzed as a key constitutional act of the period of absolute monarchy in Denmark: its content, significance, and evolution during the period leading up to the adoption of the Constitution of 1849 are considered. Analytical, historical, and comparative legal methods are used to study legislation, scientific publications, and archival materials related to the period of Danish history from the 17th to the 19th century. The period of Danish history, during which the King's Law de facto had the status of a constitution, spans almost 200 years (1665–1849); however, its content and role are currently insufficiently researched and illuminated in domestic scientific literature. This study identifies and systematizes the key aspects of the King's Law of 1665, defines its fundamental importance for the establishment and functioning of absolutism, and shows the mechanisms of its evolution and adaptation to changing political and social conditions up to the liberal reforms of the mid-19th century. The nonlinear nature of constitutional development in Denmark is emphasized, where the King's Law, despite its absolutist nature, laid the foundations for further legal and administrative construction that influenced the formation of the modern Danish state.
Legal research. 2025;(10):41-50
pages 41-50 views

The absence of a business purpose in the model of entrepreneurship as a sign of business fragmentation

Trapeznikov A.I.

Abstract

The article examines the category of business purpose, widely used in tax disputes regarding the unjustified tax benefits. The author considers the business purpose in the context of the signs of business fragmentation. The question of proving the absence of a business purpose in the models of entrepreneurial activity chosen by taxpayers is relevant in science and law enforcement practice when addressing issues of business fragmentation, as the substantive meaning of the business purpose category is little studied. The author studies the genesis of the law enforcement approach to proving the absence of a business purpose, with reference to foreign law enforcement practices reflecting the formation of the judicial doctrine of business purpose, as well as analyzing the formation of concepts of business purpose in Russian law enforcement practice related to tax benefit cases. Key views of legal scholars on business purpose in identifying tax abuses aimed at obtaining unjustified tax benefits through business fragmentation are listed. The author applies general scientific methods, among which the main research method is analysis: its use in the work is related to the study of doctrinal sources. Induction is used to study law enforcement practices and case law related to the subject of research. The author identifies the absence of a unified standard for proving business purpose in tax disputes over business fragmentation. To solve the stated problem, the substantive meaning of business purpose and the aspects subject to verification to establish the presence or absence of business purpose were identified. Based on this, a methodology for researching business purpose in the model of entrepreneurial activity was proposed. Conclusions were made about business purpose as a legal category, guiding a step-by-step assessment of taxpayers' business intentions when making a transaction (operation) and the economic effect obtained from their implementation; about the inadmissibility of establishing business purpose through another attribute—the lack of independence of taxpayers participating in business fragmentation; about the list of actions for the law enforcer when checking business purpose and direct and indirect aspects proving or disproving the presence of business motives in the taxpayer's behavior when forming the business structure.
Legal research. 2025;(10):51-67
pages 51-67 views

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