Vol 8, No 4 (2024)

Cover Page

Full Issue

General Theory and History of Law and the State

Requirements for military goods under the legislation of the Russian Empire of the 19th century

KOVALEVA N.V., ZOZULYA A.A.

Abstract

Ensuring the state’s security is objectively related to providing its force structures with weapons and equipment. The intensive development of warfare methods and means imposes new requirements on the characteristics of military goods, which necessitates the improvement of technical and legal regulation in this area. These factors focus on the study of the existing experience in the legal regulation of the quality of defense products. The study aims to test the hypothesis that the establishment of requirements for military goods at the legislative level was mainly through technical-legal norms. In the course of the study, systemic, structural-functional, historical-legal and formal-legal methods are applied. The legislation of the Russian Empire of the first half of the 19th century in force in this area is analyzed. The unsystematic and fragmentation of certain statutory instruments containing regulatory requirements for military goods is revealed. It is established that the legislator paid special attention to detailing the requirements for the detection of product defects during their acceptance by the state customer. It is concluded that various methods have been used to formulate technical and legal norms.

Current Issues of the State and Law. 2024;8(4):475-482
pages 475-482 views

Is the activity of the domestic court a “traditional value”?

KRAKOVSKY K.P.

Abstract

The article is devoted to an overview of the situation and activities of the court in Russia in order to answer the question of attributing the domestic court activities to the composition of traditional values. The article considers the main parameters of judicial activity in the Moscow state (until the end of the 17th century), the Russian Empire (from the beginning of the 18th century to 1864), in the post-reform period (until 1917) and in the Soviet period (1917–1991). During the analysis of the legal status of the court in various historical periods, it was concluded that before the 18th century it was impossible to talk about the established judicial system, chaos reigned in the field of judicial proceedings, which in reality resulted in the infamous “Moscow red tape”. In the era of the Russian Empire, there was an active movement of the Russian court towards independence and the separation of the judiciary into an independent instance, but it did not succeed in becoming a “value” in the political culture of the autocracy. The post-reform period was marked by the Great Judicial Reform of 1864, which fundamentally changed the position of the court in the state and created conditions for the court’s participation in the rule-making process. However, the active formation of the judicial system was suspended by the events of 1917, in which the court lost its status of independence and for many decades became a technical tool for achieving party goals. The study concluded that the court and its activities during the difficult historical path of its formation into an independent legal institution have not yet become a traditional value in Russia.

Current Issues of the State and Law. 2024;8(4):483-491
pages 483-491 views

The institute of legal entity and its development in the representation of P.I. Stuchka

BORISOV A.M.

Abstract

The discussion of the draft Civil Code of the Russian Socialist Federative Soviet Republic and the act itself after its adoption in scientific legal journalism led to the appearance of many books and articles, the authors of which touched upon, among other things, the problem of a legal entity. Legal institutions underwent significant changes in comparison with their interpretation in pre-revolutionary Russian law, which required theoretical justification for institutional changes. The institution of a legal entity was the subject of a few norms introduced into the civil legislation of Soviet Russia by 1923, and in some works P.I. Stuchka presented his view of a legal entity as a new subject of rights. From the analysis of his works it follows that he used the comparative legal method in revealing the experience of reflection in legal theories and laws of European countries of a pseudo-person, recognized the fictitiousness of a legal entity and gave well-founded critical comments. However, at the same time, they allowed for contradictory assessments; not all elements of the theory of a legal entity were provided with clear and unambiguous explanations, in particular on issues of the significance of labor and representation of the interests of a legal entity in external legal relations with its participation. The author comes to the conclusion that a legal entity represents, in addition to a form of association of persons or property, a form of association and legal separation of the labor function of employees and their labor itself.

Current Issues of the State and Law. 2024;8(4):492-501
pages 492-501 views

The evolution of pension insurance legislation in Germany and Austria in the 19th–20th centuries: “pain points” and ways to overcome them

SIROTKINA E.V.

Abstract

The process of development of pension insurance system in Germany in Austria in 19th and 20th centuries is studied. It is highlighted that the era of industrialization led to significant social changes, which entailed the need to create pension systems that would be able to meet the needs of vulnerable citizens groups – the disabled and the elderly. The research examines the question of how social pension insurance systems developed in Germany and Austria in the context of “delayed” industrialization and analyzes approaches to the formation of pension systems. The aim of the study is to examine the “search” of Austrian and German legislators in creating an optimal system of social pension insurance. Disability and old age pension insurance in the history of Germany is associated with the social reforms of Chancellor Otto von Bismarck. In the Austrian Empire, the search in this direction began during the reign of Maria Theresa (1740–1780) and Joseph II (1780–1790) and continued in the party concepts and parliamentary battles of the Austrian parliament in the early twentieth century. The pension laws of Austria and Germany acquired a modern look after the fall of the fascist regimes. It is concluded that pension insurance legislation in Germany and Austria in the late XIX – first half of the XX century developed in the context of acute political struggle and the search for optimal options. The practical significance of the research lies in the study of the positive and negative experiences of social pension insurance systems that have developed and continue to operate in Germany and Austria at the present time.

Current Issues of the State and Law. 2024;8(4):502-509
pages 502-509 views

Issues of Private and Public Law

State worldview as an alternative to ideology

BORISOVA N.E.

Abstract

Substantiates the need to ensure the unity of the foundations of the constitutional system due to the weakness of the definition of the cultural and spiritual block of its components, which seems necessary as a fixation of the main vectors of the development of the Russian state. The problem is revealed taking into account its significance in the context of upbringing and formation of the younger generation. We argue for the importance of constitutional provisions that consolidate traditional national values, as a result of which it is concluded that, in its essential meaning, the amendments made to the Constitution containing traditional spiritual and moral values can be considered as the cultural and spiritual foundations of the constitutional system of modern Russia. The connection between the content of constitutionally fixed spiritual values and the need for their concretization, formulation and implementation into the consciousness and behavior of people, education of commitment to them, which is the essence of ideological work, as well as activities to form a state worldview, is proved. The research methodology is based on the dialectical-materialistic method of cognition of reality in the context of the post-non-classical stage of the development of science, where the individuality of the researcher and his values are most evident, using an interdisciplinary approach, comparative analysis and historicism. Considering the state worldview in relation to the concepts of the ideology of the state and constitutional ideology, we come to the conclusion that constitutional spiritual and moral values, which have absorbed the entire long-term experience of Russian civilization, perceived by the majority of the population, which in their development become the goal of the state, coupled with a single unifying, unifying multinational country idea, will constitute fundamentals of the state worldview.

Current Issues of the State and Law. 2024;8(4):510-519
pages 510-519 views

Ecological Park as a specially protected natural area of local significance: theory and practice

DEMICHEV A.A.

Abstract

The research analyzes the regional legislation of the Russian Federation, which provides for the existence of ecological parks as a category of specially protected areas of local significance. It has been established that out of 89 subjects of the Russian Federation, only 5 of them (the Republic of Ingushetia, Perm Krai, Lipetsk Oblast, Ulyanovsk Oblast, and the Jewish Autonomous Oblast) provide for such a category of specially protected natural areas of local significance as ecological parks. The legislation of these five regions contains definitions of ecological parks. They indicate the target settings for the creation of ecological parks. They are the broadest in the Republic of Ingushetia, Perm Krai, and the Jewish Autonomous Oblast. The laws of the three named subjects also establish the grounds for recognizing a territory as an ecological park: ecological and aesthetic value. It has been revealed that in reality, ecological parks as specially protected areas of local significance are very rare in Russia. Currently, only two such ecological parks have been created and are successfully functioning (the ecological park of the village of Peshnigort and the ecological park “Yuzhny Les”). Both of them are located in Perm Krai. Another local ecological park, the Black Lake Ecopark, located in the Ulyanovsk Region, has an uncertain legal status. It is concluded that there is no demand for ecological parks as specially protected areas of local significance. The reasons for this are that, firstly, in the regional legislation on ecological parks, this category is practically no different in its legal status from other specially protected natural areas and does not have any specific features compared to them. Consequently, the legislator and law enforcement officer at the regional and municipal levels do not see any particular need to create ecological parks. Secondly, other types of locally protected areas (culture and recreation parks, protected natural landscapes, protected natural sites, etc.) are successfully implemented alternatives to ecological parks in practice.

Current Issues of the State and Law. 2024;8(4):520-529
pages 520-529 views

Public law regulation of biomedical technologies: the Norwegian experience

ROMANOVSKY G.B., ROMANOVSKAYA E.A., DASAEVA A.I.

Abstract

A comparative study of the legal regulation of biomedical technologies is conducted. The purpose of the study is to conduct a legal examination of the Norwegian experience, which is an example of a conservative approach based on the most careful permission for innovation in such a sensitive area. The main provisions of the Law of December 5, 2003, No. 100 “On the Medical Use of Biotechnology, etc. (Biotechnology Law)” are analyzed in detail. This law is based on the observance of universal principles in biomedicine – respect for human dignity, observance of human rights and personal inviolability, non-discrimination on the basis of heredity, promotion of the principles of bioethics. The main restrictions imposed on medical workers when implementing assisted reproductive technologies are shown. For example, Norway is a country where surrogacy is prohibited, and the birth of children using assisted reproduction is possible only after a thorough examination of the couple for the possibility of raising a child in appropriate conditions. Special requirements are presented for obtaining consent for the use of various biological objects (tissues, human cells, aborted material) for research purposes. It is highlighted that special legislation is in force that determines the legal regime of biobanks. It is concluded that the presence of strict rules correlates with the level of high trust in the public health system.

Current Issues of the State and Law. 2024;8(4):530-537
pages 530-537 views

On the issue of security as a category in civil law

GURULEVA E.A., IVANOVA N.A.

Abstract

Mankind, overcoming new stages of its development, along with replenishment of its arsenal with positive achievements of civilization, is forced to face new threats and challenges that encroach on the security of man, society and the state. In this regard, the problems of ensuring various types of security have become particularly relevant. Within the framework of the legal concept, security is considered as the most important social good. Objective: to study security not only as a legal category, but also to determine the doctrinal directions of the study of security as a category in civil law. In the course of the study of the problematic, the method of analysis, etymological analysis, historical, comparative legal, formal legal methods are used. The conducted analysis shows that insufficient attention is paid to the problems of civil law provision of security in the legal literature. Different approaches that have developed as a result of the study of the concept of security, starting with the etymology of the word, are considered. A theoretical and legal study of security as a legal category is carried out, the features of the methodology in the study of security issues in civil law are considered. It is concluded that security is not only a state of protection, but also the possibility of development and the inadmissibility of a threat of increased risk or a risk that is inadmissible under comparable circumstances. It is revealed that the category of “security” is not absolute, but relative and depends on various conditions and circumstances.

Current Issues of the State and Law. 2024;8(4):538-545
pages 538-545 views

Comparative analysis of the Strategy for Countering Extremism until 2025 and the draft Strategy for Countering Extremism for the period 2025–2036 in the Russian Federation

OMELINA O.S.

Abstract

A comparative analysis of two strategic documents’ provisions in the countering extremism field in the Russian Federation is presented: the Decree of the President of the Russian Federation of May 29, 2020 “On approval of the Strategy for countering extremism in the Russian Federation until 2025” and the draft of the new "Strategy for countering extremism in the Russian Federation for the period 2025–2036”. The purpose of the study is to determine the trends in state policy in the countering extremism field by analyzing the Strategy provisions for Countering Extremism until 2025 and the draft Strategy for Countering Extremism until 2036. The spread of extremist ideas acts as a serious threat to the Russian society’s development. To determine the state’s activities’ directions, it is necessary to analyze the basic documents of strategic purpose. As research methods, the following are defined: general scientific methods (analysis, synthesis, induction, deduction, system method) and private scientific methods: statistical and comparative legal.

Current Issues of the State and Law. 2024;8(4):546-551
pages 546-551 views

BRICS as an instrument of international cooperation in global crisis situations

PONOMARENKO S.V.

Abstract

BRICS plays a key role as a platform for strengthening international cooperation in the context of global crises, where issues of legal regulation of interstate relations are gaining new relevance. As an association of large developing economies, BRICS focuses on equal dialogue, sustainable development and countering unilateral sanctions and economic restrictions and legal interaction. The strategic approach of the organization is based on the promotion of multipolarity, the protection of cultural sovereignty and the rejection of any form of discrimination or external dictate, which allows the BRICS to act as a counterweight to Western-centric models of global governance. It is the creation of new alliances and attempts to expand the importance of existing interstate mechanisms that bring to the surface issues of improving the formats of international cooperation, and BRICS is one of the key options for multilateral cooperation aimed at forming its own model of interaction. The conclusions are proposed that the increasing influence of the system of geopolitical factors stimulate the need to develop new legal methods, approaches and tools within the framework of the security strategy when developing new BRICS priorities. The results of this study contribute to the development of theoretical and practical foundations in the perspective of legal regulation of international relations.

Current Issues of the State and Law. 2024;8(4):552-558
pages 552-558 views

Current Issues of Criminal Legal Sciences

The genesis of criminological theory of criminal personality: from antiquity to the turn of the 20th century

SHESTAK V.A.

Abstract

The genesis of criminal personality theory development is studied based on a brief analysis of the history of scientific thought and criminological approaches from ancient times to the turn of the 20th century. The problem of criminal personality is studied as a complex, multi-stage task, which is an integral part of the science of criminology, which has traditionally not been given sufficient attention, since initially it was the issues of crime that were at the center of scientific research, but as science developed and modern conditions and realities changed, priority began to shift to personal approaches. It is concluded that even in modern conditions this problem does not lose its relevance: both at the theoretical and practical level, caused by the obvious need for its development in order to ensure effective counteraction to criminal manifestations.

Current Issues of the State and Law. 2024;8(4):559-566
pages 559-566 views

Gang as a type of organized group and its difference from an armed group guilty of committing a robbery

CHAPURKO T.M., KARTAVCHENKO V.V., NAZARENKO A.E.

Abstract

It is analyzed which individuals are subject to criminal sanctions for committing attacks by certain types of organized groups. Reasons are identified which explain why organized crime poses a significant threat to both individual members of society and the state as a whole. Signs have been identified that can distinguish banditry from robbery. It is determined that one of the essential characteristics of individuals’ group as a gang is stability, although this is not defined at the legislative level. It is unclear on the basis of what criteria the court should determine the presence or absence of this characteristic in specific cases of criminal offenses committed by multiple individuals. Therefore, it is concluded that it would be beneficial to establish a definition for stability or its characteristics in law. By implementing this measure, ambiguity in law enforcement’s understanding of this aspect would be eliminated.

Current Issues of the State and Law. 2024;8(4):567-575
pages 567-575 views

On the issue of peculiarities of juveniles criminal liability and the structure of crime (regional aspect)

KUZMENKO E.Y., MENTYUKOVA M.A.

Abstract

The crucial aspects concerning the specifics of juveniles criminal liability for their illegal actions are examined. The issues raised remain in the spotlight, since, despite the downward trend in the number of crimes committed by young people, the level of juvenile crime still occupies a significant place in the overall picture of offenses. The goal is to consider the problems that arise when bringing juveniles to criminal liability. In their mental organization, juveniles differ significantly from adults, and this noticeable difference has its own characteristic features. Juveniles, as a rule, do not have a fully developed psycho-emotional sphere, and their character, which continues to develop in the process of natural maturation, has not yet settled, and the development of their intellect continues, which is closely related to the characteristics of adolescence; in turn, both mental and physical development also continues noticeably. And, in this regard, taking into account all the above aspects, the criminal law provides for special rules governing the prosecution of juveniles and the imposition of appropriate punishment on them. General scientific and specifically legal methods have been used as research methods. The main attention has been paid to the method of analysis. The study found that by the end of 2024, the decrease in the number of socially dangerous acts committed by juveniles is expected. However, in an unfavorable scenario of the development of the socio-economic and political life of our country, the number of crimes committed by adolescents will not change.

Current Issues of the State and Law. 2024;8(4):576-586
pages 576-586 views

Overviews, Reviews, Analytics

Traditional values, family and society in focus of Historical and Legal science: review of the 3rd All-Russian Forum of Legal Historians

ZALOILO M.V.

Abstract

The review of the annual event held under the auspices of the All–Russian Public Organization “Association of Legal Historians” – the 3rd Forum of Legal Historians, held on October 4–5, 2024 at the site of the Moscow Metropolitan Governance Yuri Luzhkov University is presented. The main events of the Forum are outlined: the presentation of the “Historical and Legal Yearbook – 2023”, the best work on historical and legal topics contest, awarding diplomas to the Association of Legal Historians, discussion of relevant issues of the axiological turn of historical and legal science. The discussion on the matter of the modern understanding of traditional values, the role of historical and legal science in their preservation and protection, the axiological content of the course of the history of the state and law, the importance of the family in society, the role of law in preserving historical memory is summed up. The conclusion is made about the positive nature of historical and legal research activation, which meets the goals and objectives of the state policy in the historical education field, outlined in the Decree of the President of the Russian Federation No. 314 dated May 8, 2024 “On Approval of the Fundamentals of the Russian Federation State Policy in the field of historical education”. It is stated that it is necessary to further consolidate the professional community and specialists who are not indifferent to the national and universal history and historiosophy of state and law, the history of the teachings of law and the state.

Current Issues of the State and Law. 2024;8(4):587-597
pages 587-597 views

Formation and development of the legal profession: legacy of generations: review of the 2nd All-Russian Scientific and Practical Conference dedicated to the 30th anniversary of Law and National Security Institute of Derzhavin Tambov State University

LAPAEVA A.V., MOISEEVA O.V.

Abstract

We present an overview of the 2nd All-Russian scientific and practical conference “Formation and development of the legal profession: the legacy of generations”, dedicated to the 30th anniversary of the Law and National Security Institute, held on November 22–23, 2024 at the site of Derzhavin Tambov State University. The main venues of the conference are analyzed: within the framework of the plenary session, a discussion of topical issues of the genesis and current state of legal education, current directions of its development, a round table on the topic “Legacy of generations or pioneers of legal education in the Tambov region” was held, within which the main milestones of the formation of legal education in the region were outlined, an open lecture on the topic “Characteristics of modern criminal (criminal law) policy of Russia”, aimed, inter alia, at the exchange of pedagogical experience and skills. The results of the discussion on issues related to the current state of legal education, the genesis of its formation, and the peculiarities of the organization of the educational process in certain areas of training are summarized. As a result of research activities, it is concluded that the stimulation of historical and legal research in the field of legal science and legal education makes it possible to determine the effective vector of its further development. During the discussion, it is concluded that the consolidation of the professional pedagogical community, law enforcement officers, representatives of government agencies and structures is an important resource capable of bringing both legal science and legal education to a qualitatively new stage of development.

Current Issues of the State and Law. 2024;8(4):598-608
pages 598-608 views

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