Russian Journal of Legal Studies (Moscow)

Interdisciplinary, scientific and practical journal for a wide range of authors and readers, specialists from various fields of knowledge and branches of law. The main goal of the journal is to unite the views of lawyers representing various branches of law, as well as economists, philosophers, political scientists, sociologists and cultural scientists on general and topical problems of Russian and foreign legal science and practice.

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Vol 10, No 2 (2023)

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Financial Law Science and New Institutional Structures
Karaseva M.V.
Abstract

The article analyzes the current state of financial and legal science. It is emphasized that it performs descriptive and prognostic functions, and therefore, today, in the context of a rapidly changing legal reality, it accumulates material for the creation of a legal methodology. It is noted that attempts to change the concept of financial law as a branch of law, including not only public, but also private finance, are becoming more frequent. The reasons for the inconsistency of such a position are indicated. It is emphasized that the modern science of financial law "gives birth" to new institutional structures that require in-depth research. The main reason for this is the change in the subject of financial law, which today is defined through the category of "public finance". Special attention is paid to the enumeration of those financial and legal institutions that are generated by the expansion of the subject of financial law to the level of public finance, as well as other financial and legal institutions, in which have arisen today within the framework of budget and tax law. These include: the Institute of finance of state corporations and companies, the Institute of non-state monetary funds burdened with a public function, the Institute of deoffshorization, the Institute of treasury support, the Institute of treasury payments, etc.

Russian Journal of Legal Studies (Moscow). 2023;10(2):7-12
pages 7-12 views
Property Tax Legal Relations: Concept and Features
Krasyukov A.V.
Abstract

The article is devoted to the study of the essential features of property tax legal relations in Russia. The author analyzes the legal positions of the Constitutional Court of the Russian Federation in the field of taxation and highlights certain approaches to understanding property tax legal relations. As part of the study, the author focuses not only on studying the practice of the Constitutional Court of the Russian Federation, but also explores the existing scientific views of the science of financial law, as well as civil law. The author highlights the features of property tax legal relations that characterize both their public law form and economic content. In connection with the findings, the article formulates the author's definition of property tax legal relations.

Russian Journal of Legal Studies (Moscow). 2023;10(2):13-19
pages 13-19 views
Scenario Approach to the Study of the Directions of Regulation of the Sphere of Cryptocurrencies in the Russian Federation
Tymoshenko A.A., Feyzov V.R., Chernov I.V.
Abstract

The paper is devoted to the study of state regulation in the sphere of cryptocurrencies in the Russian Federation (RF). In the course of the study a scenario-cognitive model of the subject area is developed, as well as scenarios of possible options for the implementation of the management of socio-economic systems are obtained. The purpose of modeling is to assess the impact of cryptocurrency on social stability. A number of modifications of the model took into account the proposals of the regulatory authorities of the Russian Federation and the possible directions of legal regulation.

Russian Journal of Legal Studies (Moscow). 2023;10(2):20-30
pages 20-30 views
Some Current Trends in Tax and Legal Regulation
Mardasova M.E.
Abstract

The article is devoted to the analysis of some modern trends emerging in the Russian tax and legal regulation. The author notes that in addition to the traditional legislative regulation of tax relations, designed for an unlimited period of validity, in recent years, regulatory legal acts of a temporary nature have become important. Norms with a limited validity period may be contained either in acts of the Government of the Russian Federation and the supreme executive bodies of state power of the subjects of the Russian Federation exercising the temporary powers granted to them by tax legislation to adopt them, or in separate federal laws providing for the application of these norms as an experiment. Special attention is paid to the letters of the Federal Tax Service of Russia establishing temporary bans on the implementation by territorial tax authorities of certain powers enshrined in the Tax Code of the Russian Federation. This, in fact, indicates that such letters limit the validity of tax legislation for a certain period.

Russian Journal of Legal Studies (Moscow). 2023;10(2):31-37
pages 31-37 views

Теоретико-исторические правовые науки

Modern Legislative Process: from Legal Trends to Predictable Development Scenarios
Zaloilo M.V.
Abstract

The objectives of the article are to identify trends in the development of the legislative process in the Russian Federation and formulate proposals to improve its effectiveness. In order to achieve them, the legal regulation and statistics of the legislative process in the Russian Federation are analyzed, doctrinal concepts and forecasts of the development of the legislative process are studied, including in the conditions of digitalization and other global challenges.

The research is based on the use of systemic, structural-functional, formal-legal, comparative-legal methods, methods of legal modeling and legal forecasting in their entirety.

It is established that the development of the modern legislative process is carried out in the following directions: regulation by a large number of normative legal acts of different legal force, including legislative acts, as well as by-laws; high activity of some subjects of the right of legislative initiative along with low activity of others; systematic clearing of the legislative base, which is simultaneously complemented by the practice of introducing bills with a similar subject of regulation in place of rejected ones; the necessity and consistency of the model of direct participation of the President; increasing the role of the Government of the Russian Federation in the legislative process and the growth of its legislative work; increasing the number of initiators of federal bills or creating additional legal conditions and guarantees for the implementation of their legislative ideas and proposals while maintaining the current subject composition of the right of legislative initiative; preserving the practice of short-term planning of legislative work along with the increasing need to ensure a comprehensive and promising their planning; strengthening the interaction of the branches of government in the legislative process, including through the work of the Commission of the Government of the Russian Federation on legislative activities; scientific support of the legislative process and the increasing importance of its principles such as professionalism, scientism; information support of the legislative process; the impact on the legislative process of the level of development of legal technique, modern information technologies and procedures. Promising tasks for legal science that need to be solved to ensure the effectiveness of the legislative process are identified.

Russian Journal of Legal Studies (Moscow). 2023;10(2):39-48
pages 39-48 views

Публично-правовые (государственно-правовые) науки

Overview of Digital Technologies for Anti-corruption Purposes
Stepanov O.A., Basangov D.A.
Abstract

The article was prepared within the framework of analysis of the results of the events dedicated to the 100th anniversary of the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The article gives an overview of the possibilities of using digital technologies to counteract corruption. It is noted that a prerequisite for the successful realization of the benefits of digitalization of public practice is the availability of technological infrastructure, as well as improvement of the legal response associated with the implementation of technological policy. Anti-corruption practices related to Big Data processing (Big Data), distributed registers technology (blockchain), data mining technology (neural networks, artificial intelligence), crowdsourcing technology, and information technology that identifies corruption risks in the financial sector (Forensic Tools) are discussed in more detail. However, the realization of the potential of digitalization in this area implies the need to improve the legal response concerning the implementation of technological policies aimed at suppressing corruptive factors. In this regard, the role of individual judicial regulation as one of the ways to overcome legal gaps and conflicts increases.

Russian Journal of Legal Studies (Moscow). 2023;10(2):49-54
pages 49-54 views
Constitutional Value as a Fundamental Category of Russian Constitutional Law: Concept and Essence
Muzhichenko A.V.
Abstract

Within the framework of this article, the positions of various scientists on the concept and essence of constitutional values within the framework of Russian constitutional law are analyzed. The main approaches to understanding the essence of constitutional values are highlighted. The purpose of the study is the formation of the author’s definition of the concept of “constitutional values”, the main task is to determine the sources of consolidation of constitutional values in the Russian state. It is concluded that it is necessary to adopt the position of those authors who propose to understand constitutional values as fundamental principles (attitudes) necessary for the normal development of both an individual and the whole society and the state. Based on the analysis, it is also concluded that it is necessary to recognize the source of constitutional values exclusively the provisions of the current Constitution, acts of constitutional interpretation are assigned only the role of interpretation of constitutional values and disclosure of their content and essence. From a critical point of view, the approach of the legislator to grant the Constitutional Court of the Russian Federation the right of legislative initiative is evaluated. It is stated that it is impossible to develop a single and universal definition of constitutional values, which, however, should not be considered as an obstacle to scientific research in the field under consideration. Based on the analysis carried out, constitutional values are proposed to be understood as a set of basic and fundamental principles (attitudes) proclaimed by the Constitution, binding on all subjects of public relations, emerging in the process of functioning of society and the state, aimed at ensuring the favorable development of both an individual in the state and society and the whole state, organically combining both private and public interests.

Russian Journal of Legal Studies (Moscow). 2023;10(2):55-61
pages 55-61 views

Частно-правовые (цивилистические) науки

Specialization of Judicial Activity in Foreign Legal Orders
Pechegina P.D., Diakonova M.O.
Abstract

The article analyzes such a trend in the development of modern civil procedure as the specialization of judicial activity. The authors identify judiciary and judicial aspects of the specialization of judicial activity, different mechanisms of such specialization are given, their variability is justified. On the basis of the experience of different legal orders (Australia, England and Wales, Germany, India, Spain, Italy, Russia, USA, France, etc.) the forms of judicial specialization are shown. Thus, examples of functioning of independent courts for administrative, intellectual, labor, family, land, bankruptcy, financial, and patent disputes are shown. Mechanisms of judicial specialization are also formulated, in particular, branch division of procedural order of consideration and resolution of cases; division into kinds and subspecies of proceedings according to substantial-legal or procedural-legal feature; creation of procedural peculiarities of consideration and resolution of certain categories of cases caused by substantial-legal feature of a case; creation of procedural peculiarities of cases consideration in reviewing instances courts.

Russian Journal of Legal Studies (Moscow). 2023;10(2):62-73
pages 62-73 views
Asset Partitioning in Roman Law
Ibragimov K.Y.
Abstract

This article describes results of analysis of the problem of asset partitioning in Roman law. Under asset partitioning the author understands the legal technique, which consists in giving property or part of it a special legal regime, which usually manifests in the relationship with creditors (the division of property into pools of assets available to different creditors), but may also manifest outside of the relationship with creditors.

Various forms of asset partitioning are analyzed on the example of the following institutions of Roman law: dowry, peculium, lying inheritance, fiscal, societas publicanorum, property of municipalities, property of partnerships and families, common property. The author analyses the economic and socio-political reasons for the asset partitioning in Roman law, as well as the legal constructions by which it occurred. The article compares the legal institutions of Roman law related to asset partitioning with the institutions of modern law in Russia. The article also explores the question of the relationship of property separation with more studied and widespread legal structures (legal entity and retroactive force). Particular attention is paid to the problem of a legal entity (fictitious person) in Roman law in the context of the issue of asset partitioning and limited liability.

The article shows the influence of Roman law on the existing legal systems and provides modern examples of the use of legal asset partitioning in foreign legal systems. The author substantiates the prospects of research and use of asset partitioning as an independent legal technique.

Russian Journal of Legal Studies (Moscow). 2023;10(2):74-88
pages 74-88 views

Уголовно-правовые науки

Evaluation of Consistency of Evidence in the Sentencing and its Review in Higher Courts
Astafyev A.Y.
Abstract

This article touches upon the issues of assessing the reliability of evidence in the verdict in the case of contradictions in the facts examined in the court. The procedure for eliminating contradictions in evidence, as noted in the work, is directly related to the substantiation of the court’s conclusions in the verdict. The author addresses the problem of comparability of evidence in a criminal case and points out that in criminal proceedings there are situations of inconsistency of information in which individual contradictions in the evidence examined do not entail their mutual exclusion. It is noted that the work with contradictions in the evidence shows the true ability of the law enforcer to analytical thinking. Based on the analysis of judicial practice, a number of logical and legal methods for substantiating conclusions can be distinguished, which courts resort to when assessing the reliability of evidence and eliminating contradictions between them.

Russian Journal of Legal Studies (Moscow). 2023;10(2):89-96
pages 89-96 views
Responsibility for Wrongdoing and Touching It: the Temporal Evolution of the Norms of Domestic Criminal Law
Semykina O.I.
Abstract

In different periods of the development of the Russian state, the interest of legislators, theorists and practitioners in improving the measures of criminal legal influence on persons involved in crime in general and acts of injustice in particular was not the same. To a large extent, the criminalization of such acts was conditioned by the requirements of vital necessity in combating crimes that affect the priority interests of the State, including the legitimacy of State power, economic security and property rights.

The purpose of the study is to determine the historical roots of the formation and evolution of the development of those forms of wrongdoing and touching them that have become the foundation of modern institutions of criminal law: obstruction of justice, harboring of crimes, failure to report a crime, connivance to crimes, criminal liability of legal entities and exemption from liability.

The key means and ways to achieve the goal were temporal and comparative legal methods of studying the institutions of criminal responsibility for wrongdoing and touching it in legal sources of the XV–XX centuries. Such an approach to the study made it possible in an evolutionary context to present the most clearly the conclusions of the transformation of the architectonics of various institutions of domestic criminal law familiar to our time.

Their diachronic development follows from the temporal analysis of acts related to acts of injustice (harboring of crimes, failure to report a crime, connivance to crimes). Firstly, their legal nature has not always been identified with ways to counteract the administration of justice (in its broad sense, not only as the activity of the court, but also officials, individuals and even collective entities (legal entities) obliged to comply with the law, to promote the administration of justice and to execute judicial acts). Secondly, in certain historical periods, acts of wrongdoing and acts of persons touched were considered as encroachments on other public relations protected by law (for example, legitimate institutions of state power and economic security of the state).

Russian Journal of Legal Studies (Moscow). 2023;10(2):97-112
pages 97-112 views

Международно-правовые науки

Legal Entropy in International Law
Chipiga I.V.
Abstract

The article deals with the implementation of the principles and norms of international law. There are systematic violations and discreditations of the very essence of international law. Analyzing specific decisions and rulings of the European Court of Human Rights and political decisions of European states and the United States, we observe the possibility of developing and calculating the probabilities of compliance with the norms and principles of international law or their violation. We emphasize the foresight of Russia's policy of withdrawing from the European Convention for the Protection of Human Rights and Fundamental Freedoms.

We analyze the term «legal entropy» and its correlation with the entropy associated with the transfer of information in information theory. In this paper, we will consider the limited randomness on the issues of interest, determine the spaces of possible options for implementing the norms and principles of international law for specific countries, events, decisions of international judicial bodies on the example of the ECHR. Here are hypothetical figures for calculating entropy for the occurrence of each of the expected developments of the event in order to see the most probable picture of what happened or the future.

For the effective development of international law, it is necessary to introduce such a term as «legal entropy», given that there is a stable correlation between jurisprudence and politics. This will allow for a more objective consideration of international law as a whole.

Russian Journal of Legal Studies (Moscow). 2023;10(2):113-120
pages 113-120 views

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