No 3 (2025)
Articles
Ideological migration to Russia: administrative and legal aspect
Abstract
A special place in the migration policy of modern Russia is occupied by certain categories of migrants, whose treatment by the authorities and other social institutions involves tasks aimed at simplifying migration procedures and accelerating their integration into society. Typically, these categories of migrants reflect a special connection to Russia, particularly those with a similar ethnic background who speak Russian, or highly qualified specialists of particular value. The focus of the analysis is on provisions of domestic legislation that establish changes in administrative-legal regulation related to the introduction that defines the legal status of foreign citizens immigrating to Russia to assist individuals who share traditional Russian spiritual and moral values. The aim of the research is to study the essence of the legal mechanism for attracting ideological migrants in relation to the general legal status of other categories of migrants and its significance as a direction of migration policy. The results, in the form of understanding the positive aspects and clear deficiencies of the examined migration mechanism, may serve as a basis for scientific refinement and deeper public discussion of legislative immigration initiatives. The methodological framework of the study consists of general scientific methods: analysis, synthesis, and analogy, as well as specific scientific formal-legal and comparative-legal methods. The novelty of the study lies in the conclusions that characterize the constituent elements of the mechanism of ensuring a new migration inflow, conditioned by the needs for solving domestic problems and designed to perform an instrumental role in the Russian foreign policy influence. It has been found that the feature of the innovation is that it does not require potential migrants to meet ethnic origin or other familial ties, but must comply with a number of conditions, the main of which is the fact of self-identification by the subject. The normative action of this principle, in the absence of other requirements in the law, not only equalizes foreign citizens in terms of protection of interests with compatriots abroad but, in a certain sense, provides them advantages at the initial stage of naturalization. The article highlights the emerging problems of determining the loyalty of potential migrants, as well as issues within the migration policy itself, characterized by a certain bias against different categories of migrants.
Administrative and municipal law. 2025;(3):1-20
1-20
The problems of administrative and legal regulation of the organization and activities of federal executive authorities in the field of food security
Abstract
Due to station pressure, as well as in order to implement the course of self-sufficiency and independence, the topic of ensuring the country's food security seems relevant. Currently, the Russian Federation is in urgent need of developing and strengthening agricultural growth, as well as food independence. The article deals with problematic issues of administrative and legal regulation of the organization and activities of executive authorities in the field of food security.After the analysis of legislation in the field under study, it is pointed out that there is an insufficient level of legal framework that enshrines the powers of federal executive authorities. An attempt is made to identify problems in the administrative and legal regulation of the activities of executive authorities in the field of food security and to propose ways to solve the identified gaps. The methodological basis of the study was analysis, synthesis, comparative legal method, system-structural and logical methods. As a result of the conducted research, it was revealed that the powers of the executive authorities responsible for ensuring food security are mostly not formed. Therefore, in order to achieve all the goals set in the Food Security Doctrine of the Russian Federation to ensure food security, it is necessary to expand the powers of the ministries and departments concerned. In our opinion, the powers of the Ministry of Agriculture of Russia to accumulate food reserves also need to be worked out and normatively consolidated. The author comes to the conclusion that it is necessary to make appropriate adjustments to legislation in order to create state corporations, which will be entrusted with the functions of producing and distributing natural food products to poorly protected segments of the population who are unable to provide themselves with the diet indicated in the Doctrine.
Administrative and municipal law. 2025;(3):21-34
21-34
The value foundations of the legal status of a teacher: the position of the Constitutional Court of the Russian Federation
Abstract
The subject of consideration in this article is the value foundations of the status of a modern teacher through the prism of the text of the Russian Constitution and the case law of the Constitutional Court of the Russian Federation. The aim of the work is to form an internally consistent scientific knowledge about the contribution of the Russian constitutional control body to strengthening the value foundations of the teaching profession. This implies the need to assess the degree of influence of the legal positions of the Constitutional Court of the Russian Federation on current legislation and law enforcement practice. The article puts forward the thesis that the value component and the legal aspects themselves closely interact in the status of a teacher. At the same time, it is stated that the legal status of a teacher, its legislative regulation, should promote moral and professional development. At the same time, as law enforcement practice shows, often the shortcomings of legal regulation, on the contrary, create prerequisites for abuse by employers – the administration of universities and other educational institutions. The article is based on an interdisciplinary methodology that takes into account the methodological arsenal of both psychological and pedagogical sciences and legal research. The author used general scientific methods: analysis, induction, deduction, comparison, dialectical; and private scientific methods: historical, statistical; as well as special research methods: comparative legal and formal legal. The conclusion is made about the general importance of the positions of the constitutional control body for Russian law enforcement practice. The Constitutional Court of the Russian Federation has very specifically pointed out the social significance of the teaching profession, the need to ensure stable employment of the teaching staff of universities, the protection of academic rights and freedoms, and the inadmissibility of wage manipulation. The positions of the constitutional control body should certainly be taken into account by the Russian legislator, judicial and other law enforcement agencies. It is also stated that some of the problems remain unresolved. This concerns the systematic practice of concluding civil law contracts instead of labor contracts. This problem is still waiting to be solved. In addition, attention is drawn to promising areas for improving legislation and law enforcement practice – this is the area of potential application of the research results.
Administrative and municipal law. 2025;(3):35-51
35-51
The constitutionalism at the national level and the post-globalization legal order: challenges and prospects of convergence
Abstract
Modern transformations of the global order have revealed the limits of universalist models of legal regulation and have emphasized the problem of the relationship between national constitutionalism and the changing forms of global and supranational legal order. In a post-globalization context, there is a noticeable return to ideas of sovereignty, constitutional identity, and legal pluralism, which places the need for states to rethink their normative autonomy at the forefront. The subject of this research is the relationship between national models of constitutionalism and post-globalization trends in the development of public law and legal institutions. Special attention is given to conflicts between international and national law norms, issues of the legitimacy of supranational institutions, and the adaptation of human rights to cultural diversity. The ability of constitutional systems for institutional self-reflection and legal dialogue in the face of uncertainty in the global legal landscape is also analyzed. The methodological basis of the study is the synthesis of institutional and comparative legal approaches with elements of political and legal analysis. The systemic method allowed for tracing stable interconnections between the structures of national constitutional orders and transnational normative constructions. Elements of the constructivist paradigm, which fix the role of law as a mediating space between the global and the local, have gained heuristic significance. The scientific novelty of the research lies in the conceptualization of a coupled legal order as a phenomenon of legal interaction between constitutional systems and transnational normative structures. It is shown that modern constitutionalism is not confined to the liberal universalist model and manifests itself in a variety of forms—from social to adaptive and strategic. The emphasis is placed on a polycentric approach as a possible alternative to a hierarchical legal order in the conditions of post-globalization. Institutional mechanisms and legal forms through which universal values can be reconciled with constitutional specificity are established. The analysis of constitutional judicial practice, including precedents from national and supranational courts, substantiates the dynamics of interpreting the principles of sovereignty and human rights. The necessity of rethinking the role of the state as an active subject in forming a flexible model of public law, capable of integrating global challenges without losing legitimacy and democratic content, is justified.
Administrative and municipal law. 2025;(3):52-66
52-66
Adaptive Constitutionalism: Conceptual Foundations and Institutional Mechanisms in Conditions of Political-Legal Turbulence
Abstract
The current state of political-legal systems is characterized by the increase of turbulence caused by global, digital, ecological, and social challenges. In these conditions, the traditional model of constitutionalism, based on stability, hierarchy, and normative rigidity, is losing its capacity for effective legal and institutional adaptation. The task arises to rethink the theoretical and practical foundations of constitutional order, taking into account new forms of legal dynamics. The subject of this research is the phenomenon of adaptive constitutionalism, viewed as a paradigm capable of ensuring flexibility and resilience of public authority in conditions of instability. The relevance of the topic is determined by the necessity to develop legal mechanisms that ensure a balance between the variability of the external environment and the internal normative coherence of the constitutional order. The article examines the conceptual foundations of adaptive constitutionalism as well as the institutional forms of its implementation in various legal systems. The methodological basis of the study includes system-structural, comparative-legal, institutional, and contextual methods of analysis. The use of an interdisciplinary approach allowed for the identification of correlations between political instability, legal transformation, and institutional adaptability. The scientific novelty of the research lies in the introduction and justification of the category "adaptive constitutionalism" as an independent direction in the development of modern constitutional-legal thought. The work reveals the theoretical principles underlying it: flexibility, responsiveness, legal pluralism, digital legitimacy, and institutional resilience. Institutional mechanisms ensuring the adaptation of the constitutional order have been defined: flexible forms of the separation of powers, digitization of public procedures, and the evolution of control and participation mechanisms. The necessity of transitioning from normative rigidity to legal adaptability without losing legitimacy and predictability of the legal system has been substantiated. It is shown that adaptive constitutionalism acts as a legal response to the challenges of political-legal turbulence while preserving the principles of the rule of law, human rights, and institutional balance. The conclusion is made about the prospects for applying the concept in transforming and post-crisis societies. The proposed concept can be used as a theoretical model and practical guideline in designing resilient legal orders.
Administrative and municipal law. 2025;(3):67-85
67-85
