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Vol 7, No 1 (2020)

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Actual topic

About judicial protection of subjective civil rights

Andreev Y.N.


The article is devoted to the judicial protection of subjective civil rights. The author tries to formulate the concepts of “subjective civil rights” and the “judicial protection of subjective civil rights” to determine the ratio of subjective civil rights and the right to judicial protection as well as the judicial protection features of various subjective civil rights categories. The paper presents the author’s conception of subjective rights, the various ways by which they are protected, and the features of the protection of certain types of subjective civil rights. The aim of the research is to find the most optimal ratio of the right of subjective right’s owner to protection and the right of subjective right for protection, in order to determine the most typical ways to protect certain categories of subjective civil rights. The methodological basis of the research includes the well-known general and private scientific methods of scientific knowledge. The paper concludes by stating that subjective civil rights have general (universal) and specific ways of protection.

Russian Journal of Legal Studies (Moscow). 2020;7(1):9-16
pages 9-16 views

Procedural problems of alienation of shares and shares of business entities

Maksurov A.A.


The article deals with the practice of observing the pre-emptive rights of shareholders of non-public joint-stock companies and business company participants when alienating shares (stocks) of business companies, including third parties. We are talking about protecting the interests of participants (shareholders) and the company as well as persons alienating the shares. The material is of interest in the formation of a civilized and effective corporate culture. The law provides not only for the right to alienate shares in business companies and non-public joint-stock companies, but also for the forms (methods) of exercising such a right (power). These forms (methods) have an approximate list. Based on the concept of civil law dispositivity, the rightholder can use any method of shares (stocks) alienation that is not prohibited by law. The Civil Code of the Russian Federation1 mentions the ways of transferring shares only in relation to a limited liability company (Article 93). The norms of this Code do not contain any specifics in this regard, thus leaving the issue to special (corporate) legislation. However, corporate legislation does not fully regulate the entire mechanism for transferring a share in the authorized capital or shares to another person.

The most common method of share alienation is a share purchase and sale agreement; other methods that are not prohibited by law are considered auxiliary methods. The paper deals with procedural issues involved in using methods of shares alienation in practice.


1 The Civil Code of the Russian Federation (Part one) from 30.11.1994 № 51-FZ (as amended on 16.12.2019, Rev. from 12.05.2020) / / Collection of Legislation of the Russian Federation. 1994. No. 32. St. 3301.

Russian Journal of Legal Studies (Moscow). 2020;7(1):17-21
pages 17-21 views

Conceptual features of a public contract in modern civil law

Ananev A.G.


The civil legislation reform affects the provisions on public contracts. This article deals with the issues surrounding public contract qualification under the conditions of modern regulation. A characteristic feature of modern regulation and theoretical provisions of civil law is the lack of unified approaches to defining the public contract concept, its essence, and accompanying conditions. In practice, there are various situations wherein the legislator does not give clear instructions on certain aspects of contracts that have a public character. This determines the theoretical and practical relevance of examining this area. The article analyzes the main defining features of the designated contractual structure and examines the features of expression of public-legal principles in legal regulation in these contractual relations. The methodological basis of the research is the analysis of normative material, civil law theory and certain aspects of law enforcement on public contracts norms. The article highlights the legal and conceptual aspects of public contract institution in the context of modern legal regulation. The task of further research on this issue is not so much to find one correct definition of this agreement for the legislator, but rather to fix the individualizing features in the law, by integrating them either into the conceptual apparatus or by directly fixing them in the normative act text. The author attempts to systematize the relevant features and to identify the distinct principles for differentiating a public contract with the related contractual structures. The article also presents clear criteria for differentiation and the hierarchy of the application of certain rules to relations arising from a public contract. This paper concludes by highlighting the need to proceed not only from the definition of law, but also from specific features of a public contract, when identifying the designated contractual structure.

Russian Journal of Legal Studies (Moscow). 2020;7(1):22-33
pages 22-33 views

On some issues of civil law understanding of fake deals

Lakocenina N.M.


The civil legislation reform and the complexity of the socioeconomic conditions in our country have increased the scientific and practical significance of research related to the clarification of the concept of “fake transactions,” their relationship with other (related) transactions, and the establishment of their legal consequences. These issues, which have no unity in civil science, are discussed in the proposed article. The article analyzes the concepts and attributes of fake transactions, their qualitative and distinctive features, the specifics of their invalidity (nullity), and the relationship with related invalid (nullity) agreements (transactions). This statement of the article’s content determines its theoretical and practical significance as well as its relevance. The methodological basis of the research includes the well-known general and particular scientific research methods. The objectives of the proposed article are as follows: to clarify and form the author’s concept of “fake transactions,” to establish their distinctive features, to define the place of fake contracts in the invalid transactions system, and to clarify the features of fake transaction invalidity.

Russian Journal of Legal Studies (Moscow). 2020;7(1):34-38
pages 34-38 views

Law and Economy

Paradoxes of economic theory in the perception of justice

Bochkarev S.A.


The article considers the economic theory at the main stages of its formation in relation to the phenomenon of justice. A variant of the topic disclosure is implemented through: a) distancing from existing and widespread practices of its knowledge; b) using the experience of these practices as a source and empirical material for diagnosing points of contact and discrepancies between the economic and legal approaches to justice, existing trends and distortions in economic and legal thought; c) extracting the desired understanding of what the “justice economy” is through analyzing and solving the problems of the research process devoted to it.

Following this methodological course, we found that justice in economic theory is in a paradoxical state. And this state is not accidental. It is caused, as it was found out, by a number of circumstances. First of all, the impact of the negative experience of the knowledge of justice and the organization of its work in practice that underlies economic knowledge. Then the influence of stereotypes and biases that arose on its basis. Under the weight of a combination of these factors, science has removed justice from its sphere of competence and scientific and practical development.

At the same time, the study found that the contradictions identified in the economic idea are the property, and their struggle provides its Genesis. The main achievement of science is that it, despite its negative experience, gave this very experience. Its reinterpretation and verification in the modern socio-economic context makes it possible to make sure that justice can and should be considered as an economic enterprise.

Russian Journal of Legal Studies (Moscow). 2020;7(1):39-50
pages 39-50 views

Theory and history of state and law

USSR: creation and collapse of the empire in the context of «risk society»

Mordovcev A.Y., Mamychev A.Y., Mordovceva T.V.


The article identifies and analyzes the risk factors associated with the formation and collapse of the USSR as a recreation of the Imperial political and legal space, a type of national and supranational socio-political and legal identity. The authors consider the various processes of integration and disintegration of state actors in the context of the “risk society” paradigm, recognizing its methodological foundations. Both the emergence and collapse of the USSR are responses to the escalating risks and crises of the Russian political and legal systems, and a way out. When considering such problems, it is impossible to eliminate mental and cultural archetypes, historic state and legal experience, and the place and role of personality in history, especially within the nation’s contradictory history. In this regard, the article analyzes the positions of leadership of the RSFSR and the Ukrainian SSR in the matter of national legal policy that influenced the collapse of the USSR.

Russian Journal of Legal Studies (Moscow). 2020;7(1):51-58
pages 51-58 views

Game genesis of justice in the teachings of Huizinga

Tsvetkov Y.A.


The article presents the concept of the “game origin of justice,” developed by the Dutch historian and philosopher Johan Huizinga, in the context of the general teaching about human culture as a game. From the work of the historian, the game signs are distinguished, and the definition of its concept is formulated. The highlighted game signs correlate with the justice signs. The interpretation of some proto-legal phenomena and statements about their gaming origin are compared with the points of view of other legal historians, namely, J. Davi and V. Ehrenberg. This paper presents the author's interpretation in relation to contemporary developments in the law. An explanation is given for why the theory about the game origin of justice has not received support and development in the lawyers’ work. The identification of justice with a religious cult is carried out through similar gaming practices. The paper concludes by stating that there are direct genetic links among the game, justice, and religious worship. It is hypothesized that the theory about the game origin of justice can be considered a special case of a higher-level theory about the origin of state and law from the game.

Russian Journal of Legal Studies (Moscow). 2020;7(1):59-63
pages 59-63 views

Combating corruption

Using the scenario approach in anti-corruption management processes (on the example of the construction industry)

Shults V.L., Kulba V.V., Shelkov A.B., Chernov I.V., Timoshenko A.A.


This study discusses the methodological and applied problems of increasing the effectiveness of the anti-corruption management process. An analysis of the essence and forms of corruption, as well as their negative impacts on the socioeconomic development of the society is offered.

To increase the effectiveness of anti-corruption problem-solving and assess the decision-making process pertaining to management, a scenario analysis is proposed.

The analysis of basic multigraph models of anti-corruption management focuses on the construction industry, using functional symbolic graphs.

According to the results, it is more effective to look more broadly at the criminological problem of combating corruption by linking its solution to developments in the fields of economics, sociology, and psychology.

The current publication is considered a new approach to the development of specific measures to counter this type of crime.

Russian Journal of Legal Studies (Moscow). 2020;7(1):64-77
pages 64-77 views

International law

Islamic Law in the jurisdiction of International Financial Centers: comparative legal analysis

Didikin A.B.


The article analyzes the modern mechanisms and ways of adapting the Islamic law principles and norms to the regulation of financial relations. Taking into account the significance of fiqh as a legal doctrine that interprets religious prescriptions for law enforcement, the key features of the Islamic law institutions in the context of the Islamic economy model development are identified. The object of the comparative legal analysis in the article is the jurisdiction of international financial centers as territories with a special legal regime for conducting business. Its legal status is fixed in special legal acts, thus contributing to the formation of flexible instruments of legal regulation in view of the correlation with the norms of the national legal order. International financial centers are presented as an example of the formation of global legal institutions in Western countries as well as those in Southeast Asia and the Middle East. The author argues that Islamic finance—as a way of adapting Islamic law principles to the regulation of business activities—is a mandatory element of a legal environment for international financial centers.

Russian Journal of Legal Studies (Moscow). 2020;7(1):78-85
pages 78-85 views

US sanctions and the right to use bank accounts in European banks for non-residents of the European Economic Area

Jilkine V.A.


The article considers the decision of the Helsinki County court on the claim of a Finnish citizen to be granted the right to use banking services in Finnish banks from the international law perspective. The Helsinki district court, in its decision promulgated on 13.01.2020, rejected Boris Rotenberg’s claim against Svenska Handelsbanken AB, Nordea Bank Abp, Danske Bank, and OP Yrityspankki Oyj. The court recognized the financial risks of a Finnish citizen’s Scandinavian banks under US sanctions above international law and fair trial guarantees. There is no doubt that this court decision will have further consequences in the judicial proceedings of Western banks for foreigners who do not permanently reside in the European economic area (EEA), and in other similar cases, and in ensuring the judicial practice unity in EU countries. First of all, this applies to any foreigners who do not have the right to permanent residence in the EU countries, but who have real estate in the form of investments or regularly come for a holiday. Previously, buying real estate in Europe was considered a reliable investment of foreign funds and a guarantee for obtaining banking services in Western banks. Based on this legal precedent, the European courts can now recognize the risks of secondary US sanctions against any banks, not only in the case of Russians from the SDN sanctions list, but also on any suspicion of money laundering by bank employees. The court’s decision was based primarily on the testimony given by the former head of OFAC, who stated that even before the decision was made in 2017, the US administration already had a legal tool for punishing foreign individuals and legal entities who interact with Russians on the SDN sanctions list. As long as the US dollar is one of the main currencies in the settlements between the states, the US Treasury will control not only the dollar transactions, but also the very principle of the global banking system functioning. This court decision may become the first legal precedent for most European banks in the EU countries wherein the real estate of foreigners who do not live in the EEA countries is located, regardless of their citizenship and residence permit.

Russian Journal of Legal Studies (Moscow). 2020;7(1):86-93
pages 86-93 views

Prospects for interaction between the Russian Federation and the people's Republic of China in order to ensure environmental safety in military activities

Buday S.N.


The article discusses attempts to ensure environmental safety during military activities between Russia and the People's Republic of China. Using the example of joint Russian–Chinese military exercises, the author analyzes issues raised by environmental legislation and their solutions by the troops. Special attention is paid to the roles of military prosecutors during military exercises.

Russian Journal of Legal Studies (Moscow). 2020;7(1):94-97
pages 94-97 views

Criminal Process and Law enforsment

Institute of bringing as an accused: on the “deprocessualization” and “dematerialization” of its essence and content in the criminal proceedings of Russia

Kovtun N.N.


This work critically assesses the legal nature and practice of the institution of bringing as a defendant in criminal proceedings in Russia, particularly in its relation to the substantive legal act of bringing to criminal responsibility. The author argues that, due to the general bureaucratization of the process, both the first and second acts have actually lost their original purpose to be the determining material and procedural guarantee of individual and justice in criminal proceedings. Objectifying as a legal fiction, the act of bringing the accused as an accused in the doctrine of Russian criminal procedure law, done directly in practice, is increasingly characterized as an accusation of “duty,” “initial,” “intermediate,” and “final”, which respectively form the ideas of “duty,” “intermediate,” “initial, “and “investigative-final“ criminal prosecution. This negates the role of the named defining acts. Hence, the paper suggests an optimal mechanism for their implementation according to the purposes and tasks of substantive and procedural law

Russian Journal of Legal Studies (Moscow). 2020;7(1):98-105
pages 98-105 views

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

Barchukov V.K.


The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement.

In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence.

The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement.

The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence.

The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.

Russian Journal of Legal Studies (Moscow). 2020;7(1):106-112
pages 106-112 views

Information law

Open data in terms of digitalization

Likhacheva Y.Y.


This article reviews the annual open data barometer rating in the next edition of the global report in 115 countries and jurisdictions. It focuses on the popularization of open data in the world and the Russian Federation, its state of development, its prospects, and emerging problems. Issues related to legal regulation of open data, including criminal data in modern conditions of digitalization, are discussed.

Russian Journal of Legal Studies (Moscow). 2020;7(1):113-118
pages 113-118 views

The importance of information in modern society

Kolesov M.V.


The article analyzes changes that have occurred in public life and legal practices during the period of rapid development of information and communication technologies. On the basis of the presented facts and observations, the need for normative regulation of actions and statements on the internet is substantiated. It is concluded that information in modern society increases in value, since it can be used not only as a product, but also as a means of influencing public opinion and institutions.

Russian Journal of Legal Studies (Moscow). 2020;7(1):119-122
pages 119-122 views

Reviews and conspects

Medicaments and law (scientific review of the monograph of I.V. Ponkin and A.A. Ponkina «Pharmaceutical Law» (Moscow, GEOTAR-Media, 2017, 144 p.)).

Chelpanova T.M.


This publication is a review of the scientific monograph by I.V. Ponkina and A.A. Ponkina “Pharmaceutical Law” (Moscow: GEOTAR-Media, 2017).

The author of the review offers conclusions about the uniqueness of the research conducted for Russian legal science and about its high relevance in the field of legislative developments and accepting urgent measures on the fact of the threat of the COVID-19 pandemic.

The results of the research is the identification of a branch of pharmaceutical law in the Russia legal science and the possibility of legislative regulation of its unique legal elements in the field of production, use, quality control and safety of medicines, also in å related branch of law, including intellectual property rights in the pharmaceutical field.

Russian Journal of Legal Studies (Moscow). 2020;7(1):123-126
pages 123-126 views

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