Lobbying in the Legislative Process

Peer-review research journal issued 7 times a year.

Publisher

Publishing house "Yur-VAK"

About

The journal deals with the essence of lobbying, its institutional development, the possibilities and prospects for its regulation in order to obtain a positive social significant effect from this activity.

In addition, the interests of the journal include in its orbit the problems of legislative regulation of social relations from the perspective of their value characteristics, the correctness of the norms, the sufficiency of legal opportunities to ensure the normal functioning of social relations, taking into account the lobbying of relevant interests.

The journal publishes peer-reviewed scientific articles on the following scientific specialty:

  • Legal Sciences
    • Theory and history law
    • Public law (state law)
    • Private law (civil)
    • Criminal law
    • International law

Indexation

  • Russian Science Citation Index (RSCI)
  • East View Information Services
  • Ulrichsweb Global Periodicals Directory
  • CrossRef
  • Dimensions
  • Google Scholar

 


Current Issue

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Vol 3, No 1 (2024)

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Theory and history law

On the issue of the sanctions confrontation between the Soviet State and unfriendly countries during the period of industrialization and the Cold War: hunger, grain, lack of food (1917–1991)
Belkharoev K.U.
Abstract

The paper examines the problems of the sanctions confrontation between the Soviet state and unfriendly countries during the period of industrialization and the Cold War. The main periods of aggravation of interstate relations, which contributed to the tightening of mutual restrictive measures, are considered. It is shown that the ongoing reforms and other initiatives of the leadership of Soviet Russia became the reason for the confrontation for many subsequent years, which were initially initiated by England and France. It is revealed that the “golden blockade”, introduced since 1925, turned out to be a heavy burden, having worked out options for exhausting the Soviet government, strategic opponents refused to accept gold as payment for the supplied equipment, machinery and technologies, supplies were carried out only when paying with grain, timber, petroleum products and other raw materials. Due to the past lean seasons in Europe, starting in 1930, Western exporters persistently demanded payment in bread, which subsequently served as the main factor of famine in the USSR (1932–1933). Drought and crop failures in 1931 became tragic for the Soviet people, these circumstances contributed to the loss of the threshold of food security of the country. It has been revealed that the measures introduced by Western countries were directly aimed at stimulating and whipping up protest sentiments in our country, which they tried to use against the Soviet government.

Lobbying in the Legislative Process. 2024;3(1):9-14
pages 9-14 views

Public law (state law)

Factors of development of the unified system of public power in the Russian Federation
Sovetov D.I., Makarov E.E.
Abstract

Relevance: this scientific article examines the features of the effective functioning of public power in the conditions of the modern formation of the development of Russian statehood. Such a model proceeds from the harmonization of constitutional, legal, political, ideological and economic factors. The paper determines that these factors are reflected and manifested in the text of the Basic Law of the Russian Federation – the Constitution, as well as a number of other regulatory legal acts. Objective: to formulate the directions of development of the system of public power in the Russian Federation in the conditions of digitalization of public relations. Conclusions: in this article, conclusions are formed that allow us to form an idea of the current state of the effectiveness of the functioning of public authorities and proposals aimed at improving the effectiveness of such functioning by introducing consistent legislative reforms.

Lobbying in the Legislative Process. 2024;3(1):15-21
pages 15-21 views
The National Constitution of the Armenians of the Ottoman Empire, dated March 17, 1863, as an attempt to the restoration of Armenian statehood
Osipian B.A.
Abstract

In article the author, by examining the text of historical and legal monument of the Armenian people, shows the attempts of the Turkish Armenians to establish the spiritual and legal foundations of a true national legal consciousness, constitutional legislation, and state building. This constitutional draft left a significant and fruitful mark in the history of the general and state-legal development of the entire Armenian-Christian people, since it contained such legislatively established and important law-enforcement and lawful ideas, essences, values, and goals, as the interconnectedness of the necessary personal rights and duties, responsibility of the individual and the nation, the preservation of the purity of the Christian faith, conscientious concern for the development of spiritual, moral, intellectual and cultural level, as well as material-technical well-being of entire Armenian people.

Lobbying in the Legislative Process. 2024;3(1):22-30
pages 22-30 views

Private law (civil)

The coverage of pension savings plans in the OECD countries
Polezhaeva N.A.
Abstract

In the OECD countries, pension savings plans, although it was partially discredited during the crisis period, seem to be more effective than pay-as-you-go plans in the face of the growing pension burden on the state budget as a result of aging of population and changing nature of work. The porpoise of the research. In the article an attempt is made to determine the most promising method of increasing the coverage of funded pensions of the working population. The article examines the design of pension systems, determines which plans are funded. The article presents the main directions of changes in the pension systems of the OECD members in the period 2015–2022 and the problems that provoked such reforming. It is concluded that in the last few years, insufficient attention has been paid to improving the pension coverage. The article also analyzes the coverage rates of pension savings plans and determines the main ways that OECD countries have used to increase the coverage. Results. The author concludes that in order to increase the coverage of pension savings plans, the using of the mechanism of automatic enrolment may become the main way for the OECD members and in the distant future for Russia.

Lobbying in the Legislative Process. 2024;3(1):31-42
pages 31-42 views

Criminal law

Principles – priorities as a basis for overcoming the risks of using artificial intelligence in court proceedings: in the continuation of the conversation...
Volosova N.Y.
Abstract

The article is a continuation of the author’s series of articles devoted to the prospects of using artificial intelligence in legal proceedings. The paper substantiates the need for the formation of principles-priorities of justice using artificial intelligence systems as a basis for the protection of human rights and the formation of a new ethics of justice. Based on the study of the experience of the People’s Republic of China, it is concluded that such principles form a protective mechanism that will make it possible to protect participants in legal proceedings when considering cases using artificial intelligence systems.

Lobbying in the Legislative Process. 2024;3(1):43-48
pages 43-48 views
On the lack of powers of the prosecutor in modern pre-trial criminal proceedings
Isaenko V.N.
Abstract

The article expresses the author’s position on the insufficiency of the power and administrative powers of the prosecutor in modern pre-trial criminal proceedings. Despite the fact that the prosecutor is included in the number of his participants on the part of the prosecution, it is difficult to ensure the establishment of the circumstances of the crime by the legal means provided to him when his signs are detected, as well as the identification and exposure of the person or persons who committed it. This has been repeatedly addressed and continues to be addressed by many legal scholars. Nevertheless, the situation remains at that level, which is established by Federal Law No. 87-FZ of 05.06.2007, who made significant and not entirely explicable changes to the Criminal Procedure Code of the Russian Federation in terms of limiting the supervisory powers of the prosecutor at the initial and subsequent stages of pre-trial proceedings. The individual powers currently used by prosecutors are analyzed in the article in their comparison with those established by the USSR Law of 30.11.1979 “On the Prosecutor’s Office of the USSR”, as well as the Criminal Procedure Code of the Russian Federation in its original version. At the same time, attention is drawn to the obvious imbalance of powers to supervise the procedural activities of the preliminary investigation bodies and the bodies of inquiry, which is noted by both practitioners and legal scholars, as well as representatives of civil society institutions. It is also obvious that certain provisions of the Criminal Procedure Code of the Russian Federation do not correspond to the basic provisions of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the declarative nature of a number of norms of the Criminal Procedure Code of the Russian Federation on the role of the prosecutor in pre-trial proceedings. Doubts are expressed about the validity of the exclusion from it of the prosecutor’s right to give binding instructions to the preliminary investigation bodies. The article expresses the opinion on the expediency of returning to the prosecutor the right to conduct inspections on reports of crimes of certain categories, as well as the initiation of criminal cases based on their results, as well as on the results of studying the materials of pre-investigation inspections, on which decisions were made to refuse to initiate criminal cases, if the prosecutor comes to the conclusion that there are sufficient grounds for this. In this regard, the author considers it necessary to significantly reform the modern institution of prosecutorial supervision in pre-trial proceedings. To do this, it is necessary not only to amend Article 37 of the Code of Criminal Procedure of the Russian Federation, but first of all – the inclusion of the main supervisory powers of the prosecutor in this area in the Federal Law “On the Prosecutor’s Office of the Russian Federation”, establishing its priority over the norms of the Code of Criminal Procedure of the Russian Federation.

Lobbying in the Legislative Process. 2024;3(1):49-56
pages 49-56 views
On the incompatibility of self-sufficient adversarialism with objective truth in the adversarial code of Criminal Procedure of the Russian Federation
Pechnikov G.A.
Abstract

Purpose of the study. For the author, the purpose of the study is to recognize materialist dialectics, as an objective law, as a truly scientific methodology, since dialectics is global, universal – it inevitably manifests itself in the world, nature and in human thinking; its rules and logic must be taken into account in criminal proceedings. Dialectics is inextricably linked with objective truth. The objective-true model of the criminal process corresponds to the scientific requirements of dialectics, in contrast to the current adversarial criminal process in Russia with its self-sufficient adversarialism, excluding objectivity and truth – a process that does not take into account the scientific requirements of dialectics about the inadmissibility of erasing differences between opposites, such as truth and error, goal and means, form and content, probability and reliability, presumption of innocence and presumption of guilt, inevitability of responsibility and impunity. Hence, it is impossible to erase the differences between formal legal and objective truths, between adversarial and objective-true models of criminal proceedings. At the same time, the objective-true model of the criminal process is a higher type of process than the adversarial criminal process with its “right of the powerful”. The purpose of the study also includes solving in the well-known legal dictum that “no case of crime should go unsolved”, the requirement for reliable, objective-true solving of each crime (counteracting the crime) and the requirement for the inevitability of punishment for the crime, which has an important preventive, proactive meaning for crime. Conclusions. As a result of the research, the author comes to the following conclusions: materialist dialectics is the science of the general laws of motion of both the objective world and human thinking; its rule about the inadmissibility of erasing the distinction between opposites should also be applied in criminal proceedings. The objective-true model of criminal proceedings, in contrast to the current adversarial Code of Criminal Procedure of the Russian Federation, meets the scientific requirements of materialist dialectics and represents a higher type of criminal process. The legislator in the adversarial Code of Criminal Procedure of the Russian Federation, contrary to the requirements of dialectics, erases the distinction between form and content, goal and means, turning adversarialism (that is, a means) into an end in itself of the process, which excludes objective truth. An attempt to combine formal legal truth with objective truth in the adversarial Code of Criminal Procedure of the Russian Federation seems to be an unscientific approach, since it is necessary to observe a rigid alternative: either formal truth (legal, procedural, judicial, “the truth of the winner of the argument of the parties”), or objective truth. A third is not given. The well-known legal provision that “no case of crime should go unsolved” contains not only the requirement for the need to reliably disclose every crime (counteracting the crime), but also has an important preventive, proactive meaning, leading to a reduction in crime. The modern adversarial Code of Criminal Procedure of the Russian Federation does not provide for such a requirement for the inevitability of responsibility of the perpetrators.

Lobbying in the Legislative Process. 2024;3(1):57-62
pages 57-62 views
Criminal liability for bigamy in foreign countries
Serebrennikova A.V.
Abstract

The purpose of the research. The article attempts to analyze foreign experience in terms of offenses against family values, for which criminal prosecution is required. As practice shows, at the present stage of development of many states, the marriage and family institution are the most vulnerable element of society, requiring comprehensive political, socio-economic protection. In particular, we will be talking about such a traditional institution, since ancient times, as bigamy (polygamy), which has recently become very widespread, especially in connection with increased migration processes in order to earn money. Results. Having analyzed the problem in the course of the study, the author comes to the conclusion that in the modern world the problem of bigamy (polygamy) is relevant, as it finds its manifestation in countries and cultures with different levels of development. Therefore, the current state of affairs allows each State individually, relying on its traditional values, to approach the issue of legitimacy or its absence in matters of bigamy, taking into account the socio-demographic situation. We also come to the conclusion that foreign legislation, with the help of criminal law norms, protects such an important institution as the institute of family values in a more thorough and pragmatic way. In this connection, it is possible to borrow positive experience in the domestic criminal law legislation of the norms of foreign law in terms of regulating such an institution as bigamy (polygamy).

Lobbying in the Legislative Process. 2024;3(1):63-67
pages 63-67 views

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