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 4 (2023)

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Actual topic

Interpretation of Law as a Cognitive Process
Aznagulova G.M.
Abstract

The interpretation of the law is an essential element of law enforcement by the state authorities and other competent authorities. It is primarily aimed at ensuring the rule of law and the rule of law in society.

Law enforcement is a multilevel complex system, whose peculiar characteristic is the presence of a spatial-temporal hierarchy. The theoretical and legal study of the theory and practice of law enforcement at specific stages of historical development is a crucial direction and an urgent task of legal science because of the special role of space and time in jurisprudence, namely, violation of the principle of their homogeneity in empirical and analytical sciences.

In the historical and hermeneutic sciences, the cognition of social, including legal, phenomena and texts is achieved by understanding and explaining the meaning using the methods and rules of hermeneutics. The critical analysis of theories and concepts is carried out by interpreting texts, which is paramount in the practical implementation of law.

More specifically, the interpretation of law is a complex cognitive process based on the conceptual and categorical apparatus of philosophy and law, covering broad legal reality. Its central task is to clarify the cause-and-effect, spatial-temporal, political-economic, and socio-conditioned connections related to the existence of a person in the state. Subsequently, the paramount is the establishment of the meaning, content, and purpose of the normative legal act

Russian Journal of Legal Studies (Moscow). 2023;10(4):7-14
pages 7-14 views
Ordinary Interpretation of Constitutional Norms Regarding the Definition of the Concept of “Digital Ruble”
Pevtsova E.A., Pevtsova N.S.
Abstract

AIM: To identify the features of a legal structure “ordinary interpretation” by understanding and explaining constitutional norms, considering the increasing penetration of digital thesaurus elements into the lexicon of the country’s population. It also attempts to propose specific organizational and legal mechanisms for the formation of sustainable lawful behavior of subjects of law who do not have sufficient legal competence.

PROCEDURE AND METHODS: The study uses general scientific methodology (methods of system analysis, synthesis, dialectical, formal-logical) and special legal research methods (comparative legal, historical-legal, formal legal), questionnaire and interviewing methods, information-analytical, and mathematical.

RESULTS: The theoretical, methodological, scientific, and practical aspects of the everyday interpretation of constitutional norms in terms of defining the concept of “digital ruble” are presented. An assessment and forecasts are provided for improving the legal interpretation of constitutional norms in terms of deriving the structure of the right to carry out ordinary interpretation.

THEORETICAL AND/OR PRACTICAL INNOVATIVENESS: Legal theory and practice complement new provisions on the essence and features of ordinary interpretation as the constitutional right of every person who is not a lawyer to understand and explain the law. Key positions are put forward for the development of the doctrine of interpretation of legal norms and an in-depth conceptual study of a category of the digital ruble. Proposals are made to improve the legal regulation of ordinary interpretation based on individual understanding of legal norms in terms of legislative regulation of ruble ranges.

Russian Journal of Legal Studies (Moscow). 2023;10(4):15-26
pages 15-26 views

Теоретико-исторические правовые науки

Legal Foundations of the Fight Against Illiteracy and the Formation of a New Ideology: Experience of the Russian Socialist Federative Soviet Republic in the 1920–1930s
Ovchinnikova E.O.
Abstract

The scientific article analyzes the legal regime and organizational principles of the process of educating citizens in the 1920s and 1930s in the Russian Socialist Federative Soviet Republic. The enlightenment was based on public ideology. This study aims to determine methods for the effective integration of the educational component into the modern education system of citizens of the Russian Federation aimed at forming their moral and patriotic position. The author uses factual, historical, formal legal, and comparative methods of scientific cognition.

Russian Journal of Legal Studies (Moscow). 2023;10(4):27-36
pages 27-36 views
Problems of the Theory of Interpretation of the Will of the Legislator
Zhigitov A.A.
Abstract

This article discusses the theory of interpretation of law that considers the will of the legislator the main object of interpretation. The main purpose is to recheck the axiomatic statements of this theory of interpretation about the will of the legislator and an adequate assessment of its scientific potential from the standpoint of hermeneutics and phenomenology. To achieve this goal, the main postulates of the theory of interpretation of the will of the legislator are considered, and its problem areas and heuristic characteristics are analyzed. In particular, insufficient and incomplete justification is fixed, namely the real presence of the figure of the legislator or the existence of the author of the legal norm, the possibility of expressing the collective will, and the identity between the implanted meaning available in the text and the understood. Arguments in favor of a critical understanding of the theory of interpretation of the will of the legislator are investigated both in applied and theoretical manners and in the private and public spheres of relations. The conclusion emphasizes the limited cognitive significance of the theory of the will of the legislator in the process of interpreting law.

Russian Journal of Legal Studies (Moscow). 2023;10(4):37-43
pages 37-43 views

Публично-правовые (государственно-правовые) науки

Decentralized Finance: Issues of Financial and Legal Theory
Karaseva M.V.
Abstract

The article examines the current problems of the financial law system. It highlights that currently legal institutions are not distinguished in the system of the industry. Regulating decentralized finance. Meanwhile, the financial and legal institutes of the state and municipal unitary enterprises have existed in the system of science since Soviet times. However, at present, new financial and legal institutions regulate centralized finance. Nevertheless, in the system of the branch of law, they stand out very rarely. The latter include the Institute of Finance of State Corporations and the Institute of Finance of Public Law Companies. The author underlines a critical difference between these legal institutions, which is crucial for financial law because it affects the characteristics of financial legal relations.

Russian Journal of Legal Studies (Moscow). 2023;10(4):45-50
pages 45-50 views
Problems of Legal Regulation of Transactions Not Subject to Value-Added Tax
Paul A.G.
Abstract

The paper analyzes the features of the legal regulation of transactions not subject to value added tax, analyzes the problems that arise here, and provides a way to resolve them.

Russian Journal of Legal Studies (Moscow). 2023;10(4):51-56
pages 51-56 views
Legal Facts and Compositions in Tax Law: Concept and Classification
Krasyukov A.V.
Abstract

The article examines the understanding of legal facts in the theory of law, particularly focusing on the theory of tax law. The author analyzes relevant approaches to understanding legal facts in legal doctrine and concludes that they are applicable in tax and legal regulation. The author investigates legal facts within the framework of their traditional division into law-generating, law-changing, and law-terminating. The author identifies specific types of law-generating legal facts in tax law while analyzing the role of law enforcement acts of tax authorities. The article also explores law-altering and law-terminating legal facts.

Russian Journal of Legal Studies (Moscow). 2023;10(4):57-63
pages 57-63 views
Administrative Proceedings as a Way to Protect Subjective Public Rights and Legitimate Interests
Rogacheva O.S.
Abstract

The article analyzes the subject of judicial protection in administrative proceedings. The article examines subjective rights, legitimate interests and public interests as the subject of judicial protection, outlines the prospects for expanding the subject of judicial protection in administrative proceedings.

Russian Journal of Legal Studies (Moscow). 2023;10(4):65-74
pages 65-74 views
Legal Clinics in the Nonstate System of Pro Bono: Problems and Prospects (on the Example of the Legal Clinic of the Voronezh State University)
Katinskaya E.S., Katinskiy V.G.
Abstract

The article discusses the main directions for improving the legal regulation of the provision of free legal assistance by legal clinics. Topical issues related to the definition of categories of persons entitled to apply within the framework of the nonstate system of free legal assistance to a legal clinic are highlighted, with no grounds for refusing to provide it. In addition, the requirements for clinicians established by legal acts, the possibility of providing legal assistance in the form of representation, and the expediency of consulting citizens by students with the obligatory presence of supervising teachers are evaluated. It also substantiates the need to introduce local regulations and regulations in each legal clinic. A significant gap is the question of unity in understanding the content of the activities of legal clinics, uniform standards of activity, and guarantees of the quality of such assistance, which are closely related to the mechanisms of control by the state. The issue of regulation and financing of the activities of legal clinics is raised, including the procedure for the functioning of automated systems and their processing of personal data. The authors propose to amend the current legislation regarding the grounds for refusing to provide free legal assistance by legal clinics. Also, focusing on the example of the Legal Clinic of Voronezh State University, attention is paid to approaches to entrance examinations and training under the program «Model Legal Clinic» and cooperation with government authorities and nonprofit organizations. The article concludes that it is necessary to further develop and support legal clinics in the system of free legal aid and solve existing problems to improve the quality of assistance provided and achieve greater accessibility for the population.

Russian Journal of Legal Studies (Moscow). 2023;10(4):75-82
pages 75-82 views

Частно-правовые (цивилистические) науки

Corporate Legal Relations in a Commercial Organization: Analysis of the Essence and Legal Nature
Minakova I.R.
Abstract

The article analyzes corporate relations according to the current classification groups of civil law relations. The author relates corporate relations to different types of classification groups while determining their essential features. The analysis reveals that the legal nature of corporate relations is independent.

Russian Journal of Legal Studies (Moscow). 2023;10(4):83-89
pages 83-89 views

Уголовно-правовые науки

Criminal Responsibility for Violation of Regulatory Legislation
Guzeeva O.S.
Abstract

The article examines the problems of the constitutional legitimacy of criminal law norms with a blanket disposition. The norms of the criminal law on liability for violation of regulatory prescriptions formulate the corpus delicti using a blanket method of describing it, referring to a violation of sectoral or cross-sectoral regulatory norms or institutions. The design and application of criminal law norms with blanket dispositions, repeatedly legitimized by the Constitutional Court of the Russian Federation, still pose particular theoretical and applied problems. Their analysis reveals the following conclusions.

1) When there is a mismatch between the blanket disposition and blanket legislation, it is necessary to distinguish between cases of a true absence of regulatory norms from the imaginary uncertainty of blanket criminal law. This can occur in two cases: a) when the law describes the act as “unlawful”, provided that the regulatory legislation does not know the legal forms of such behavior (such rules cannot be considered blanket); b) when there are no definitions of the concepts used in the text of the Criminal Code of the Russian Federation in the regulatory acts (such a regulatory deficiency can be overcome through legal or special technical advice).

2) The blanket disposition may contain or imply references exclusively to regulatory legal acts, and not to technical norms and rules and provisions of these acts that contain mandatory and not recommended prescriptions. Furthermore, the normative legal acts may occupy a different place in the hierarchical system of sources of law — from international treaties to regulations. Two circumstances are noted in this regard: a) a constitutionally admissible blanket reference to by-laws does not exclude situations in which regulations contradict laws and formulate prohibitions and restrictions not provided for by them; in this regard, the law enforcement officer must ensure that the bylaw blanket content of the norm is legitimate, both in terms of content and form; b) references in the blanket part of the criminal legal norm to regional normative legal acts is considered constitutionally justified to the extent that the principle of equality of citizens before the law is guaranteed: in the material composition — an indication of the consequences that are the main criminogenic sign, regardless of the type violated rules, and in formal offenses — the hierarchical and consistent nature of the regulatory legislation adopted on the joint jurisdiction of the federation and its subjects.

Russian Journal of Legal Studies (Moscow). 2023;10(4):91-104
pages 91-104 views
Criminal Legal Mechanisms for Ensuring the Economic Security of Domestic Cargo Transportation
Gorenskaya E.V.
Abstract

The area of the Russian Federation exceeds 17 million km2, and the distance between the extreme geographical points is 8.230 km. Therefore, transport plays a crucial role in public relations, providing transportation of goods, passengers, and luggage. One of the serious threats to the transport complex is the increase in economic crimes, including those in internal cargo transportation.

This study aimed to analyze the current state and effectiveness of criminal law mechanisms for ensuring the economic security of domestic freight transportation considering the need to protect the domestic transport complex from criminal encroachments. This goal predetermined the following tasks: to characterize the transport complex as one of the leading branches of the national economy of key importance for the economy; to analyze the main types of crimes from the perspective of threats to the economic security of this complex; and to formulate conclusions and proposals for improving the criminal law provision of economic security of domestic cargo transportation. The study employed the dialectical method of cognition and general scientific methods of abstraction, analysis and synthesis, deduction, concretization, and modeling.

CONCLUSION: The study results revealed the current state and effectiveness of criminal law mechanisms for ensuring the economic security of domestic cargo transportation (by which we understand the symbiosis of the relevant criminal law norms and the possibilities of their application in practice). The proposals based on the study results will contribute to improving the effectiveness of criminal law mechanisms for ensuring the economic security of domestic cargo transportation.

Russian Journal of Legal Studies (Moscow). 2023;10(4):105-112
pages 105-112 views
Features of the Protection of the Monetary System by Criminal Legal Means in Germany and France
Pechegin D.A.
Abstract

The article analyzes the features of the criminal law protection of national monetary systems in Germany and France. Regarding the consolidation and development in the domestic legal field of additional means of criminal protection of the national monetary system, including the rules on liability for evading the obligation to repatriate funds and smuggling of cash, approaches to regulating the composition of currency crimes are considered basic for most jurisdictions (counterfeiting and money legalization). Thus, this article analyzes the approaches to the regulation of relevant structures and problems in law enforcement in Germany and France, considering their goal to introduce the most advanced solutions in the context of economic development and means of their criminal law protection, as well as the influence of their doctrine on the formation and development of many legal institutions abroad. These correspond to the evolutionary nature of social relations developing in this area in Russia, which have not yet been accepted in its legislation.

Russian Journal of Legal Studies (Moscow). 2023;10(4):113-124
pages 113-124 views
Protection of the Rights and Legitimate Interests of Participants in Criminal Proceedings
Bayramov F.J., Golovacheva Y.A.
Abstract

This scientific article focuses on the problem of protecting the rights and legitimate interests of participants in criminal proceedings, the role of the institutions in protecting the legitimate interests of participants in criminal proceedings, and the present stage of the development of law. The study analyzed relevant domestic and international legal acts. The authors investigated the role and importance of the protection of rights in the framework of the criminal process and explored the mechanisms used to ensure a fair trial. The article emphasizes the importance of protecting the rights of participants in the criminal process to ensure the fairness and effectiveness of the trial. The guarantees provided to the victim and the witness are discussed. This scientific work offers practical recommendations for improving the protection system considering its current status.

This study also develops recommendations for its improvement. The authors explored the historical aspect of the development of the protection of the rights and legitimate interests of participants in the criminal process. The authors reviewed the main stages in the development of the criminal process in several historical periods, focusing on the evolution of the rights and legitimate interests of the participants, in particular, the accused and defenders. Further, the article discusses the progressive changes occurring as a result of legal reforms in the field of protecting the rights and legitimate interests of participants in the criminal process.

Russian Journal of Legal Studies (Moscow). 2023;10(4):125-129
pages 125-129 views
Criminal Liability for Knowingly False Expert Opinion in the Field of Procurement of Goods, Works and Services to Meet State and Municipal Needs: Pro et Contra
Yamasheva E.V.
Abstract

In 2018, a new norm was introduced into the Criminal Code of the Russian Federation on criminal liability for knowingly false expert evidence in the procurement of goods, works, and services to meet state and municipal needs. At the same time, administrative liability was introduced for a similar offense. Such comprehensive regulation was aimed at increasing the efficiency of theft prevention mechanisms when purchasing goods, works, and services to meet state and municipal needs. The “package” introduction of the two most stringent types of legal liability was received positively by the scientific community. On the one hand, filling the identified gap should be considered necessary, but on the other hand, an analysis of judicial practice shows that these provisions of the criminal law and legislation on administrative offenses are not reflected in law enforcement practice, and illegal acts are characterized by high latency. A study of foreign legislation has shown that there are no provisions for such a special crime as knowingly false expert opinion in the field of activity in question. The article presents various approaches of judicial authorities regarding the analyzed elements of crime and administrative offense in the field of procurement. The conclusions draw attention to the need for broad discussion of the issue of decriminalization of knowingly false expert opinion in the field of procurement.

Russian Journal of Legal Studies (Moscow). 2023;10(4):131-136
pages 131-136 views

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