Russian Journal of Legal Studies (Moscow)

Данный журнал – это межотраслевое и научно-практическое, мультидисциплинарное издание для широкого круга авторов и читателей, специалистов из различных сфер знания и отраслей права. Основная идея издания состоит в тематическом объединении на страницах журнала воззрений юристов, представляющих различные отрасли права, а также экономистов, философов, политологов, социологов и культурологов на общие и актуальные проблемы российской и зарубежной юридической науки и практики.

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Current Issue

Vol 6, No 4 (2019): Problems of international and foreign law

Actual topic
“Deal” in German criminal procedure
Rönnau T.

Abstract

This article is a translation from German of the original and crucial material published by the doctor of law, professor Thomas Rönnau in the journal JuS in 2018 (Thomas Rönnau. Grundwissen — Strafprozessrecht: Verständigung im Strafverfahren // JuS. 2018. № 2. S. 114-118). The article written by prof. T. Rönnau is devoted to the analysis of the institution of agreement in German criminal procedure (admission of guilt). On the one hand, the criminal justice system at the present stage faces a real need to use a simplified form of criminal proceedings, which allows us to solve the problem of procedural economy. On the other hand, the number of cases resolved in a special (simplified) order in the past few years has become so large so such the cases instead to be "special" passes into the category of ordinary (not special). Today, "Deal" justice in criminal cases is characteristic of the criminal process of many foreign countries, including Germany. Translation of the article by Prof. T. Rönnau will allow the readers to see theoretical and practical problems faced by the German legal doctrine and a practitioner in connection with the institution of agreement (admission of guilt) in criminal procedure. Prof. T. Rönnau offers a solution to the problems he outlined.

Russian Journal of Legal Studies (Moscow). 2019;6(4):9-15
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Metaphysics of international law (From a review to an alternative)
Karakulyan E.

Abstract

Introduction: The problems of theology or metaphysics of international law are widely represented in the literature. The study of basic concepts in this regard can serve as a basis for the development of an alternative theory of international law.

Methods: historicism, system, analysis and comparative law.

Results: the main directions of Western international legal thought are a form of political religion.

Conclusions: criticism of the metaphysical doctrine (theological component) involves the construction of an alternative doctrine in the metaphysical field; the international legal content of the doctrine (legal component) is protected by reference to historical realism. The contours of the national doctrine of the international law as a synthesis of metaphysical and international legal foundations are proposed.

Russian Journal of Legal Studies (Moscow). 2019;6(4):16-26
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Public administration in the political and legal space of modern Ukraine: problems, causes of failures, prospects
Okhotskiy Y.

Abstract

The two-part article examines problems of political-legal basis of effective public administration of modern Ukraine, analyzes the reasons for the failure of the negative consequences of the current system of public administration, presents possible future development of the modern Ukrainian state under the rule of radical nationalism, Russophobia and external political and control action. The author substantiates the necessity of forming a modern legal, professional and moral culture of the management apparatus, mastering the ability to stimulate, create and multiply, but not to slow down and destroy.

The author of the article aims to prove scientifically and on concrete facts that the tasks of modernization and social renewal can be implemented effectively by a highly professional, well-structured, nationally oriented state apparatus, a highly effective and authoritative public service.

The theoretical and methodological basis of the study is a dialectical materialistic approach to the analysis of social phenomena and mechanisms of public administration, both horizontally (genetic aspects) —the essence, laws, goals, functions, principles, specific historical manifestations (taking into account the geopolitical and national-country specifics), and vertically (ideals, interests, forms and methods of legal regulation and strategic management influence) on them. A wide range of methods of scientific knowledge is used: comparative-legal, formal-logical, concrete-historical, system-functional.

The article presents the author’s analysis of the inconsistency of post-soviet state construction, as well as the features and effectiveness of public administration and the causes of the crisis trend of socio-economic development of modern Ukraine, possible scenarios for future development. It is proved that the current stage of historical development for Ukraine is not just a period of becoming a sovereign state, but a “time of revaluation of historical values” and an attempt to adapt to the standards of the European way of life. In the meantime, the country is going through an extremely difficult, in fact, systemic crisis stage of state construction.

The author comes to the conclusion that in fact there is no strategically effective management system in modern Ukraine. The task of forming an effective system of public administration remains one of the most urgent tasks. Management goals and measures for their effective implementation must be politically, legally and economically justified, reflect the deep interest of society with the understanding that if a country does not have a strategic goal and no higher meanings, then life turns into a meaningless existence, the state falls into a situation of turbulence, disintegration and dispersion. Therefore, what is planned should be implemented systematically and consistently, in strict accordance with the law and in a healthy moral and political space. The key to success is social trust, strong political leadership, responsibility and constructive action.

Russian Journal of Legal Studies (Moscow). 2019;6(4):27-40
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The role of international law in international information security
Kostenko N.

Abstract

The aim of the study is to develop the main approaches to providing states with international information security. The role of the Russian Federation and other states in advances in information and telecommunications within the framework of international security is being investigated. Attention is drawn to the rapid formation and use of information and communication technologies, which have made up a large and lasting dependence of adverse government mechanisms on real cyber technologies and has been the reason new threats.

The role of the Russian Federation in the purposeful work of shaping the United Nations doctrine on world information international security is being investigated. The UN General Assembly’s Resolution A/RES/56/19, “Advances in Information and Telecommunications in the Context of International Security” adopted on 7 January 2002, endorsed the idea of researching current and possible threats to information security and drawing attention to the likely collective measures to eliminate them.

The Russian Federation’s proposal for education, the composition of government experts, which could concentrate and discuss the most important stages that aim the subjects of international law to participate in the UN General Assembly Resolution of December 8, 2003 No. 58/32 “Achievements in the field of information and telecommunications in the context of international security” are analyzed.

The article draws particular attention to the document of the UN General Assembly A/55/140 which outlined five principles on international information security. The article examines in detail the resolutions of the United Nations General Assembly “Advances in Information and Telecommunications in the context of International Security” from December 4, 1998 to October 22, 2018 to ensure international information security.

The novelty of the study is the conclusions and proposals on problematic issues in the field of international information security, which would contribute to the adoption of a single international UN Convention, which would contain a conceptual apparatus, objectives, objectives, types of threats, priorities and mechanisms for their implementation, as well as provisions on the responsibility of States in the international information space.

Russian Journal of Legal Studies (Moscow). 2019;6(4):41-50
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Ideological myths of European union on the example of Laeken declaration
Novoseltsev A.

Abstract

The European Council adopted Laeken Declaration in which it was first stated about EU aspiration to take the lead on world globalization together with USA. The subject of this study is the analysis of myths and ideological cliches of Laeken Declaration by which EU and USA legitimize their foreign policy.

The author concludes that the future of EU was not as optimistic as stated in the text of the declaration. Until recently, the EU was a state in the process of formation, and its legal area acquired the features of a domestic order. These processes have slowed down now. An external challenge was the change in the format of relations with Russia, which openly declared its national interests and cooperation only as a equal partner. Previously unthinkable social problems appeared in the “space of well-being”.

The history of Russia teaches that “going to Europe” can be done in different ways. The path of “european integration” put the Russian state on the brink of complete disintegration of the late XXth century. The consequences of this choice are currently being overcome in the framework of Eurasian integration and integration with states outside the post-Soviet space that have common interests with Russia.

Russian Journal of Legal Studies (Moscow). 2019;6(4):51-58
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Finland’s Arctic strategy: international cooperation and legal aspects
Jilkine V.

Abstract

The article is devoted to the issues of international cooperation of Finland in the Arctic in the sphere of environment on a stable international legal basis. The international cooperation in the Arctic began at the government level in 1991 at Rovaniemi at the meeting of the Arctic countries’ ministers. The improvement of the regulatory and legal framework for environmental protection and perfection of the legal instruments of interaction with international environmental organizations is a priority task in the development of the Arctic zone. The development of interstate relations is promoted by a multitude of Arctic forums and discussion platforms that unite Finland and Russia in virtue of these countries’ geographical neighbourhood and trade and economic relations. Finland actively stands for mutually beneficial bilateral and multilateral cooperation with the Arctic countries on the basis of international treaties and agreements, and favours international scientific and technical cooperation within the framework of global and regional technological and research projects in the Arctic. The international attention to the prospects of the Arctic, as well as Finland’s climate-related agreements and commitments, required a revision of the national legislation on environmental. In the first 11 months of 2018, the Parliament of Finland received 265 draft bills in the sphere of ecology for consideration. The protection of indigenous small-numbered nations, their original habitat and traditional way of life is based on the UN Declaration on the Rights of Indigenous Peoples. In the author’s opinion, the study and application of the experience and achievements in the field of digital technologies in legal science in Finland will give a positive impetus to the perfection of the Russian digital model of legal groundwork for the Arctic, it will favour the improvement of the regulatory and legal framework for laying the foundations of state governance of the Russian Federation Arctic Zone and for legislative recognition of its status as a special object of state regulation, and it will also promote development of technologies for legal monitoring, legal prognostication and expert examination of international projects of statutory legal acts.

Russian Journal of Legal Studies (Moscow). 2019;6(4):59-65
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Philosophy and Theory of Law
Human rights politic in postmodern world
Chestnov I.

Abstract

Human Rights are a complex meta-legal phenomenon that serves to justify and legitimize the existing law and order. Human Rights are not rules of law or legal relations. They are similar with law principles. The subject of the article is a theoretical understanding of human rights in the post-modern world. The aim of the study is to conceptualize human rights in the context of post-modernity. The research methodology is determined by the post-classical research program developed by the author over the past twenty years. In relation to the topic of the article, it involves the study of the construction of human rights and their practical reproduction. Human rights from the point of view of the sociology of law is the actual legal status of a person in the relevant legal system. Human rights define and limit legal policy. At the same time, the content of human rights is determined by the legal policy. Human rights can only be justified from the standpoint of the prevailing values. However, in the modern world, values are contextual and relatable. Therefore, only pragmatism as an abstract value can be the basis of human rights in the post-modern world. The main problem of modern philosophy and theory of law is the impossibility of meaningfully and universally define the measure of human rights. Only an abstract Declaration of human rights can be universal and meaningful. Their specific content is always contextual. It is determined by the policy in the field of human rights. Human rights policy is, on the one hand, the construction of social ideas about the content of human rights. Further, it is the concretization of these representations in the appropriate forms of law. On the other hand, human rights policy is a reproduction of these ideas in discursive practices. In these types of practices, human rights are implemented in a de facto legal order.

Russian Journal of Legal Studies (Moscow). 2019;6(4):66-74
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Law myth as a value basis of the law reality of Russia
Skorobogatov A., Krasnov A.

Abstract

The purpose of this article is an axiological research of the role of the law myth in the construction and functioning of the law reality of Russia. The methodological basis of the research is a postclassical paradigm, which focused on an interdisciplinary philosophical and law research of law phenomena in a broad historical and sociocultural context, and the corresponding socio-constructivist approach, which involving the research of law reality as a result of human subjective and intersubjective creative activity. One of the areas of human activity is the law myth, which plays a large role in the creation and functioning of law reality. Results: Axiological research of law myths allows to identify their theoretical and practical potential in the law life of a person and law reality. Each epoch has its own authoritarian and stable law myths, which are designed to create a certain image of law reality, which correlates with the value expectations of subjects of law consciousness and law culture. The law myth always has its core law value. The law myth appears as an internally-ordered imperative statement, which is aimed at the formation of a certain element of the image of law reality. Through law mythology, there is a legitimization of the processes taking place in society, primarily in the most normative spheres of society — in politics and law. There is an attribution one or another meaning to social phenomena. Thus, law myths penetrate to legislation, acquiring the role of an ideological source of law. Identification of the myth by the law conscience turns it into a definite matrix, which serves as a standard for assessing the relevant law behavior. The law myth has a dichotomous nature. On the one hand, it is intended to interpret law reality. On the other hand, myths construct reality not only mentally, but also verbally.

Russian Journal of Legal Studies (Moscow). 2019;6(4):75-87
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Criminal law
On the concept of illegal circulation of industrial products in the Eurasian Economic Union
Utarov K.

Abstract

A general description is given of the global illegal turnover of industrial products and its negative impact on the global economy, including the economy of the Eurasian Economic Union (EAEU) member states (more than 17 million units of counterfeit goods in 2018).

Based on the analysis of the Treaty on the EAEU and other EAEU acts adopted in accordance with it, civil and other legislation of the EAEU Member States, the concepts of “industry”, “industrial products (industrial goods)”, “circulation of goods (products) are studied "," Illegal trade in industrial products. "

The conclusion is made that the existing regulatory framework of the EAEU is insufficient for the effective resolution of problems and coordinated counteraction of the Union member states to illegal trade in industrial products and, above all, its socially dangerous forms.

Definitions of the concepts of illegal circulation of industrial goods (industrial products) and substandard industrial products are formulated to fix them as terms in an additional special protocol to the Treaty on the EAEU.

The legalization of the definition of the concept of illegal trafficking in industrial products at the level of the EAEU Treaty is an important prerequisite for the formation and implementation of the agreed criminal policy of the EAEU member states in the field of countering such trafficking

Russian Journal of Legal Studies (Moscow). 2019;6(4):88-94
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Problems of understanding the sale of narcotic drugs in doctrine and judicial practice
Shevchenko E.

Abstract

In the article the problems of judicial and academic interpretation of the concept of sale of narcotic means and psychotropic substances. Currently, essential questions of understanding of marketing in order to distinguishing this transaction from other types of physical transfer of the drug to others, do not accept the sale, usually due attention in the literature is not given.

However, the establishment of accessory drugs precedes the criminal legal evaluation of actions of the owner, associated with its use and disposal. The correct definition of the subject, which has a real opportunity to determine the fate of drugs, similar to the powers of the owner, it is important not only for differentiation of the objective side of acquisition, storage, marketing and other activities, but also for differentiating between types of partners, and in some cases forms of complicity.

At the theoretical level, the resolution of the issues of identity of drugs and legal assessment of persons involved in their trafficking is carried out by applying to the relations arising between subjects of the illegal market of drugs, analogues civil constructions proprietary and contractual relations, which are based on the idea of the owner of the drug as the owner possessing a thing from itself and for itself, in contrast to its passive holder with no right of ownership and acting in the interests of the beneficiary. Illegal relations, the subject of which is the drug transferred well-known civil law model of legal relations, the main participants of which is the owner of a thing, while other persons are carriers derived from the owner of the rights.

The author provides a critical analysis of the current doctrine of criminal law position on the possibility of applying to illegal drug deals in civil constructions proprietary and contractual relations. Substantiates the inconsistency of approaches to the separation of marketing from other activities associated with the transfer of narcotic drugs, on the basis of civil-law categories. In order to solve the qualification tasks proposed to proceed from the actual content of illicit trafficking in narcotic drugs, expressed in their assignment and alienation.

Russian Journal of Legal Studies (Moscow). 2019;6(4):95-102
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Law enforsment activities
Information and analytical activities of prosecutor's offices in foreign countries
Khatov E.

Abstract

The article describes the information and analytical activities of foreign prosecutors, provides a comparative analysis of Russian and foreign legislation governing the problems under study.

The author comes to the conclusion that information and analytical activity is more or less inherent in prosecutors of different countries. National legislation often requires prosecutors to regularly inform the population and the leadership of States about the level of legality and the results of work to strengthen it, protect the rights of citizens. The publication also notes the increasing role of information and analytical work of foreign and domestic prosecutors in the conditions of its digitalization.

Russian Journal of Legal Studies (Moscow). 2019;6(4):103-107
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Russia’s expectations of society from justice: will digitalization help?
Voskresensky F., Timchenko A.

Abstract

The article explores the importance of justice in the life of society in conjunction with the rapidly developing processes of judicial digitalization. The data of domestic sociological studies are presented. It is reflecting the expectations of the Russian society from justice, which determine what requirements citizens make to judges. The article analyzes the ongoing “digital reform” in the field of justice, its program aims and objectives, the results achieved, as well as the impact of these results on the perception of the judicial system by society, and trust to it. It is stated that, a significant part of the stated program aims in the field of digitalization as a result of the implementation of the relevant federal programs has been achieved. However, despite some interconnection with society through the introduction of digital technology, the level of trust to the judiciary remains extremely low. The declared and achieved aims of the development of information technologies are applied. They have pragmatic nature, associated primarily with the acceleration of legal proceedings and rationalization of the doing of the judiciary and those involved in the orbit of their activities. However, the expectations of society are in the plane of comprehension, justice, adequacy of actions and decisions of judges, and are, rather, moral and professional nature, not limited to universally implemented information technologies. In this regard, it was concluded that the stated and achieved goals of the digitalization of the judicial sphere do not coincide with the expectations set by society for its functioning.

Russian Journal of Legal Studies (Moscow). 2019;6(4):108-120
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Reviews and conspects
Corruption in the field of international and Russian sport
Pavlinov A.

Abstract

The article is a response to the current scientific research of Professor S. V. Maksimov, dedicated to the problems of corruption in the field of international sports. Analyzing the conceptual apparatus, such categories as "sports competition", "organizer of sports competition", exploring the range of unofficial and official international sports events, the status of the organizers of international official sports competitions and paying attention to corruption factors in the activities of the International Olympic Committee, S. V. Maksimov, limited by the scope of his work, is forced to ignore the activities of international sports federations and national Olympic committees.

The author fills this gap by analyzing the activities of the Russian Olympic Committee, the International swimming Federation, and the all-Russian swimming Federation. Supporting the thesis of S. V. Maksimov that athletes are the "weak side" of the Olympic movement, whose rights and legitimate interests are not properly guaranteed, the author identified the problems of mass sports in Russia, the difficulties of material and technical support for sports teams, the lack of funding for swimmers in the regions, the lack of sports schools and sports pools, flaws in the legislative regulation of assigning sports categories. Such problems are partly caused by corruption in Russian sports and generate injustice.

The author agrees with S. V. Maksimov position that it is necessary to adopt a comprehensive UN Convention on sport and improve anti-corruption criminal law bans in the criminal code of the Russian Federation. It also seems appropriate to adopt the principles and provisions of the new Code of ethics of the International Olympic Committee, adopted in 2017, at the national and regional level.

Russian Journal of Legal Studies (Moscow). 2019;6(4):121-128
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