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 8, No 2 (2021)

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Actual topic

Problems of Legal Regulation of Educational Development under Conditions of Regional Integration (on the Example of the EAEU)
Galushko D.V.
Abstract

Modern integration processes are shaping a new era of interaction between states, economic and political systems, and people. International integration significantly expands cultural and informational contacts between peoples and states, affects management, production, trade, the labor market, political education, and other public institutions and processes. However, special attention is paid to the problems of education sector development. The Eurasian integration processes are no exception in this regard. In particular, the growth of the Eurasian Economic Union, which was created with the aim of building conditions for the accelerated development of the integration entity in accordance with modern requirements and the global challenges of our time. Currently, the areas of economic cooperation within the Union include, among others, the field of education, which makes it necessary to assess the problems of proper legal regulation within the international integration organization. The methodological bases of the work were the well-known general and particular methods of scientific research. The objectives of the current article are to study the relevant problems of legal support in the field of education at the supranational level and identify general trends, as well as the essential characteristics and main features in the field under consideration.

Russian Journal of Legal Studies (Moscow). 2021;8(2):9-14
pages 9-14 views
Constitutional Counteraction to Threats that Arise in the Process of Introducing Digital Technologies into the Sphere of Education in Russia
Tarasevich I.A.
Abstract

The article notes that the destructive efforts of the anti-Russian forces are primarily aimed at the education sector. One of the important reasons for such aggression is some aspects of the introduction of digital technologies.

The author reveals the goals, which some reformers of Russian education are moving towards. The anti-popular forces in the young USSR were striving for similar goals, which were clearly seen from the documents of those years. On the basis of those documents, it is possible to understand the essence of the destructive processes taking place in modern Russia, and to outline the ways to combat the current situation.

This article highlights several threats that arise in the process of the uncontrolled introduction of digital technologies into modern Russian education. The central idea of the article is that the Russian Constitution contains provisions to counteract these threats. Such norms were updated and strengthened many times as a result of the 2020 constitutional reform.

Russian Journal of Legal Studies (Moscow). 2021;8(2):15-22
pages 15-22 views
On the Impact of Digital Technologies on Modern Society
Kolesov M.V.
Abstract

The article analyzes the changes that have occurred in public life and legal relations during the period of rapid development and implementation of information and communication technologies. Based on the presented facts and observations, the necessity of normative regulation of various processes and persons in the digital space is substantiated. Government agencies must seriously adapt to modern challenges.

Russian Journal of Legal Studies (Moscow). 2021;8(2):23-27
pages 23-27 views
Eurocentrism within the Framework of International Legal Research: a Review and Critique of the Main Methodological Positions
Karakulyan E.A.
Abstract

The article examines various aspects of the Eurocentric nature of international legal research. The author concludes that the Eurocentric framework of international law inevitably leads to increased regional and global tensions, as neo-colonial discourse is the main projection of Eurocentrism. According to the author, the criteria of objectivity are incompatible with the methodology of extreme Eurocentrism. The optimal variant of a counter-revocentric strategy is only possible within the framework of the pluralism of constitutive international legal processes.

Russian Journal of Legal Studies (Moscow). 2021;8(2):29-45
pages 29-45 views

Law and Economy

Economic Losses of the Russian Budgetary System
Karaseva M.V.
Abstract

The article analyzes a new legal trend, the essence of which is to consider property relations as a single complex, whereby the boundaries of certain segments of property and legal regulation complement and replace each other. The analysis of jurisprudence and, above all, case law and justice gives examples of such phenomena.

The article analyzes the rulings of the Constitutional Court of the Russian Federation, which show a connection between tax and civil law. First of all, this resolution of the Russian Constitutional Court of December 08, 2017 No. 39-П, which was to some extent a turning point, because it introduced the possibility of the subsidy of state coercion and confirmed the new content of delita liability, provided for by Article 1064 of the Russian Civil Code. Delicate liability began to transform and became not only a means of reparations to the holder of absolute right, but also an expanded reimbursement of “purely economic losses.” The latter are defined as “physical damage not resulting from physical injury to a person or property.” From these positions, the article analyzes the Rulings of the Russian Constitutional Court of 05.03.2019 No. 14-П and from 02.07 2020 No. 32-П.

The two above-mentioned rulings are united by the fact that the possibility of recovering purely economic losses under Article 1064 of the Russian Civil Code in these decisions is assumed, i.e., it indirectly stems from the content of the decision. In the article the author concludes that the widespread use of tort liability situations involving public relations shows that, thanks to the expansion of its content, it tends to go beyond civil law and the article by the institution of inter-industry.

Russian Journal of Legal Studies (Moscow). 2021;8(2):47-52
pages 47-52 views

Criminal law and process

Problems in Legal Regulation of Liability for Crimes that Infringe Digital Finance
Pechegin D.A.
Abstract

The digitalization of the financial sector in developed legal systems, the use of block chain technology, the introduction of digital forms of participation in civil turnover, and the introduction of the possibility of settlements in digital currencies, are designed to increase the efficiency of the economy and, ultimately, improve the quality of life of citizens. However, technological progress and positive expectations from the introduction of digital technologies in the sphere of public relations cannot guarantee protection of the values enshrined in the Basic Laws of certain states. While acknowledging the fact that the level of crime in the sphere of economic activity is one of the indicators of national economic security, special attention should be paid to the evolution and forecasting of the means of criminal legal protection of the monetary system, which is currently undergoing a process of digital transformation. This is due to the fact that digital financial technologies carry certain risks for the monetary system, due to objective factors.

Firstly, many things depend on the functioning of the monetary circulation and the effectiveness of currency restrictions, for example, the macroeconomic indicators of the stability of the economic system, the exchange rate of the national currency, the achievement of the balance of payments necessary for stable development, and the country's position in the international arena.

Secondly, in the context of increasing structural imbalances in the world economy and the global financial systems, the growth of private and sovereign debt, the widening gap between the valuation of real assets and derivative securities, it is the sphere of currency regulation and currency control that becomes one of the stabilizing tools in the system of state measures to support the economy. Add to those the sharp decline in the role of traditional factors of economic growth associated with scientific and technological changes.

Transactions by dint of new technologies are recognized as high-risk around the world due to the instability of their existence. Taking into account the data, as well as other risks of the introduction of digital technologies, therefore, requires an analysis of the problems of legislative regulation of criminal liability for crimes in the field of digital finance.

Russian Journal of Legal Studies (Moscow). 2021;8(2):53-60
pages 53-60 views
Object of the Crime as a Symbol in the Doctrine of the Composition of the Crime
Goncharova N.S.
Abstract

The author attempts to determine the place of the object of the crime in the doctrine of the composition of the crime. They analyze the views of scientists available in legal literature at various historical stages in the development of Russian legislation pertaining to criminal acts. Pre-revolutionary criminal legislation did not distinguish between the objects and the subjects of the crime. At the beginning of the 20th century, Russian criminal law science began to realize the need to distinguish the objects of crimes from the subjects. Since 1953, in connection with liberalization, there has been a clear definition of the subject of crimes, depending on their composition. Further development of the doctrine of the subject of crimes is characterized by a wide variety of scientists’ views, which the author analyzes, combining them into two groups, depending on the location of the subject of the crime as part of the crime: 1) the subject of the crime is a sign of the objective side of the crime and does not depend in any way; 2) the subject of the crime is a sign of the object of the crime and is inextricably linked with it.

Russian Journal of Legal Studies (Moscow). 2021;8(2):61-70
pages 61-70 views
The Procedural Laboratory for Studying the Historical Types of Criminal Proceedings
Lamteva A.V.
Abstract

The article is devoted to the study of historical types of criminal proceedings in a vertical direction. The foremost archetypes of criminal procedure, which laid the technological and methodological foundations for formation of the investigative, adversarial, and mixed types of criminal proceedings, were analyzed. Arguments are given in favor of the fact that the initial reference point for criminal proceedings is the accusatory-adversarial type. The appropriate legal examples from the legislation of Athens and Ancient Rome are referenced in the article. An attempt is made to prove three hypotheses about the modern types of criminal procedure, the sequential system about the models of criminal procedure. Consideration is given to the archetype. The debatable issue regarding the active and passive positions of judges in the resolution of criminal cases on their merits was considered. The author's position in favor of the role of a judge as a non-initiative arbitrator between the parties was appropriate and justified only in the times of the rise of Athens and Ancient Rome. The judicial compositions of each case consisted of several hundred judges, which made it possible to make the right decision. The judges themselves were from the people. In particular, this is why, before our era, there were no dubious statistics in court proceedings from the point of view of the adversarial principle. It further explains why there were both convictions and acquittals in sufficient numbers for a democratic state. The modern procedural role of a judge is often reduced to the personal neutral, but at the same time active investigation of the evidence is presented by the parties. Much attention is given to the modern type of criminal process, which is called mixed. This content is considered in two ways — as a symbiosis of investigative and adversarial types and also as a procedural duet of accusatory-adversarial and techno-centric models.

Russian Journal of Legal Studies (Moscow). 2021;8(2):71-78
pages 71-78 views
Theoretical and Legal analysis of Modern Approaches to the Concept of International Crime
Lobach D.V.
Abstract

The article attempts to study the political and legal essence (nature) of international crime as a negative impact of social reality in the analysis of various approaches. It is concluded that the concept of “international crime” in the context of modern trends in globalization and transformation of social relations is relevant by its definition. It is argued that in the theory of international criminal law, there are four approaches, different defining factors that comprise the contextual element of an international crime — violations of international peremptory norms (jus cogens); the special nature of the external expression of such acts indicating the inherent danger of the phenomenon (as, for example, the direction of intent, seriousness and scale, special attitude on the part of the international community); functional relationship with an agent acting as a criminal policy; and encroachment on international peace and human security. Modern methods of development of the international community are applied in modern literature) as are torture, encroachments on persons enjoying international immunity, international terrorism, piracy, illegal circulation of weapons of mass destruction, etc. The option of criminalizing acts that infringe on international peace and human security and are committed as international crimes is also not excluded. An international crime is a complex affair committed in the context of institutional politics, infringing on international peace and security, and challenging the concept of the international community, thus, falling under universal jurisdiction.

Russian Journal of Legal Studies (Moscow). 2021;8(2):79-86
pages 79-86 views

Law enforcement

Conducting Psychological Examinations for Citizens in Possession of Weapons: Strengthening State Control Over Circulation of Weapons
Bokov S.N., Zhdanov M.I.
Abstract

In the article, in connection with the introduction of amendments to the federal legislation, specific issues regarding the conducting of a psychological survey of citizens — gun owners and candidates for gun ownership — are considered. A battery of psychodiagnostic techniques that can be used in the course of a psychological examination (progressive matrices of J. Raven, a questionnaire of the Level of subjective control, and a method for diagnosing frustration tolerance from Rosenzweig, Minnesota Multidisciplinary Personality Questionnaire) is proposed and justified, as is an algorithm for conducting psychodiagnostic research. Furthermore, a proposal to include in the psychological examination, a psychological analysis of social networks (provided that the subject is a member of their group) has been made. The possible participation in the psychological survey — gun owners and candidates for gun ownership — psychologists of Rosgvardiya are justified and the specific form of their participation in the survey is indicated.

Russian Journal of Legal Studies (Moscow). 2021;8(2):87-94
pages 87-94 views

History of law

The Victory Day in the Great Patriotic War: What the Biography of the Philosopher I.A. Ilyin Hides
Zakhartsev S.I.
Abstract

The article contains fragments of Russian philosopher I. A. Ilyin's biography and separate articles from his other works. It shows that I. A. Ilyin collaborated with fascist Germany, worked against the USSR, and supported the regimes of Mussolini and Hitler. Nowadays, this information about Ilyin is not published in Russia for some unclear reasons.

Russian Journal of Legal Studies (Moscow). 2021;8(2):95-102
pages 95-102 views

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