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Vol 9, No 1 (2022)

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Binding Decisions of the European Court of Human Rights on the Transformation of Russian Legislation in the Era of Digitalization

Tymoshenko A.A.


On the basis of the analysis of the law enforcement practice of foreign countries and the doctrinal views of foreign researchers, this article examines the question behind national authorities’ trust in the broad interpretation by the European Court of Human Rights of the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The challenges in the digital progress force legislators to pay increasing attention to the implementation of the interests of his own country, contrary to the approaches demonstrated in other countries. Implementing the “road maps” of socially significant projects is impossible due to the rejected priorities of Russia’s domestic policy.

The Constitutional Court of the Russian Federation has the legitimate right to defend the internal logic of the protectionist measures of the national authorities protecting the economic foundations of society, the priorities of its social policy, and the security of the state.

Russian Journal of Legal Studies (Moscow). 2022;9(1):9-14
pages 9-14 views

Challenges of Ensuring the Jurisdiction of the Court of Justice of the European Union within the Brexit Process

Galushko D.V.


The UK’s withdrawal from the European Union (EU), which is unprecedented and unique in the development of international integration processes, challenges the formalization of Brexit. The Brexit process was conditioned by the requirements of the EU legal order, including the need to ensure its basic principles. The Agreement on Britain’s withdrawal from the EU created the basis for regulating future relations between the parties, as well as the interaction of their legal orders. One of the most important aspects of Brexit is the jurisdiction of the EU Court of Justice. Based on the Withdrawal Agreement, the Court of Justice retained separate powers over the UK, despite the special dispute settlement mechanism, which can be considered a means to ensure the principle of the detachment of the EU legal order and the continuity of the Europeanization of the UK’s national legal order. However, the specified mechanism for the settlement of bilateral disputes in the context of the EU Court’s practice of observing the principle of detachment may complicate the implementation of the provisions of the Withdrawal Agreement, as well as in the future regulation of bilateral relations. In this article, well-known general and particular methods of scientific research are employed. This work aims to study the relevant problems of legal support for the UK’s secession from the EU, considering the observance of the principle of autonomy, to analyze the established dispute settlement mechanism between the UK and the EU in the context of the practice of the EU Court of Justice, as well as issues of enabling its jurisdiction regarding a third state.

Russian Journal of Legal Studies (Moscow). 2022;9(1):15-21
pages 15-21 views

Preliminary Objections in the International Legal Proceedings as an Element of International Legal Policy of State

Magomedova O.S.


In modern international legal scholarship, preliminary objections are considered procedural means for preventing the consideration of an international dispute in a judicial proceeding. This approach is adopted in works on the classification of preliminary objections. However, preliminary objections must be examined not only autonomously within a concrete litigated case, but as an integral part of the international legal policy of the concerned state. Under the concept of international legal policy, every state must participate in the development of international law following its own special strategy for advancing its international legal positions on different issues. Through coordination of wills on the elaboration of international law, every state aspires to construct its strategy, which would persuade the international community of validity and necessity of an advanced view on certain international issues with minimal concessions to other views.

International legal policy is pursued at every life cycle stage of an international legal norm from law making to interpretation, application, and dispute settlement. Preliminary objections can be considered elements of international legal policy on par with other actions and declared positions of the state in the international legal field. On the basis of the international legal policy perspective, this article explores the hypothesis about the interdependence between the raised objections and the outcome of the case.

This work reveals that the preliminary objections present the attitude of the state to the international dispute or to the proceedings in general, but they are not a determinative factor for forecasting the state’s conduct in the proceedings, and most importantly, its compliance with a binding judgment. The review of the practice of International Court of Justice demonstrates that the raise of preliminary objections does not always indicate the weakness of the state’s international legal arguments for maintaining its standpoint in the judicial process nor predetermines non-compliance with the judgment. Concurrently, the examination of preliminary objections as an integral part of international legal policy on a concrete issue broadens the understanding of the state’s position in the dispute.

Russian Journal of Legal Studies (Moscow). 2022;9(1):23-32
pages 23-32 views

Theory and history of state and law

Reforms and Reformers on the Question of the Causes, Features and Results of the State-Legal Transformation of Prussia at the Beginning of the 19th Century

Baev V.G.


This study aims to analyze and provide a historical and legal assessment of administrative, economic, and social transformations in Prussia in the first half of the 19th century to study the circumstances and conditions of the formation of a new political, legal, and economic reality of the country. Moreover, the role of specific personalities who made a mark in history during this period is explored to obtain an idea of what administrative, legal, and economic patterns they reshaped in the management system. The author focuses not on the transformations but on the personalities whose hands have produced those transformations (an objective series of events) in Prussian Germany. Reformers-researchers (first, Stein, Gardenberg, V. Humboldt) realized their own private interest, but the totality of personal interests was already of public interest, and they themselves acted as its subjects. The success of the reformation was also determined by the prevailing atmosphere in the country, which was filled with great philosophers, historians, and writers with their ideas and deeds. The author concludes that science in Germany was more than science. She actively participated in the process of transformation in the country.

The author proves that the Prussian reformation, despite the different ideas of the participants about its goals, objectively contributed to the creation of the foundations of the bourgeois state on the basis of the monarchical form of government. As a legacy of the reformation stage, the Prussian statehood created in the second half of the 19th century was passed into the hands of Otto von Bismarck. Thus, it was not Bismarck who paved the way for Hitler. The reformers handed him a state building — almost built according to their schemes — which even the “iron” chancellor could not rebuild. In addition, we must consider that the modernization of Prussia developed in opposition to the counter-reformation, its legal expression was the so-called Carlsbad resolutions, which decelerated the dynamics of reforms.

Russian Journal of Legal Studies (Moscow). 2022;9(1):33-42
pages 33-42 views

Constitutional Law

Problems in the Legal Regulation of Mass Events

Lukmanov I.D., Pomazansky A.E.


Legal regulation of organizations and holding of mass events remain a current problem, which is fragmentary, as confirmed by the analysis of the legislation in this area, including the adopted legal acts of the subjects of the Russian Federation. Mass events are differentiated into public and other mass events that are not included in the scope of legal regulation of public events. Unlike public events (pickets, rallies, processions, demonstrations, and assemblies), mass events are not regulated by federal law. There exists no definition of “mass event” as well as criteria characterizing this legal category. First, this study identifies the characteristic features that enable the distinction of the content of such legal categories as “public event” and “mass event”. Second, this study defines “mass event” as cultural, educational, theatrical, entertainment, sports, and advertising events held in public spaces not specifically designed for events and with the assistance of public authorities. Third, criteria are highlighted to determine the definition of “mass event.” Fourth, the need for a separate federal law on mass events is justified.

Russian Journal of Legal Studies (Moscow). 2022;9(1):43-50
pages 43-50 views

Criminal law and process

Features of the Mechanism of Committing Crimes Related to the Unknown Disappearance of Minors

Khmeleva A.V., Tskhovrebova I.A.


On the basis of the study materials of criminal cases concerning the unknown disappearance of minors, the types of crimes committed under these circumstances are systematized, information about persons committing such crimes is provided, and the mechanism of committing crimes against minors and the motives for which they are usually committed are outlined.

Russian Journal of Legal Studies (Moscow). 2022;9(1):51-60
pages 51-60 views

Organizational and Procedural Problems of Interpreter Participation in the Russian Criminal Process

Savitskaya I.G.


The article highlights and analyzes various organizational and procedural issues regarding the participation of an interpreter in criminal proceedings, including his search, the assessment of his competence, the evaluation of his personal and professional qualifications to participate in criminal proceedings, the attainment of the interpreter’s consent to participate in criminal proceedings, and the agreement on payment issues for his services.

Russian Journal of Legal Studies (Moscow). 2022;9(1):61-66
pages 61-66 views

Law enforcement

Limitation of the Principle of Publicity in Child Adoption Cases

Shemeneva O.N.


The article analyzes the advisability of limiting the principle of publicity in the consideration of civil cases regarding child adoption. The substantial reasons for this are as follows. First, the need to protect the interests of the adoptive parents who make the difficult decision to accept a child into the family in the hope that the child will consider them as his parents through which they can build a communication with him and his upbringing. Second, the need to protect the interests of children whose full upbringing and development are possible if they are convinced that they are growing up in their home family. Third, the need to protect the interests of biological parents who may not wish to publicize that they were forced to transfer their children for adoption and many other reasons. Meanwhile, the interest of society to access information about this category is also noted by scientists specializing in various fields of knowledge, lawyers, sociologists teachers, psychologists, and potential adoptive parents who wish to further understand what child adoption entails in their future and the experience of recognized members of society regarding child adoption. Thus, a procedural rule guaranteeing the secrecy of child adoption is formulated as follows: “the court is obliged to hold a closed court hearing if there is an application for this by the adoptive parents”.

Russian Journal of Legal Studies (Moscow). 2022;9(1):67-72
pages 67-72 views

Conceptual Approaches to the Organization of Prosecutorial Activities in the Fight Against Global Corruption

Kakitelashvili M.M.


On the basis of analysis of international acts, national legislation, and law enforcement practice, the article shows the conceptual approaches in the organization and activities of prosecutorial authorities in the fight against corruption. This article aims to determine optimal ways to improve the legal status of the prosecutor’s office to improve its effectiveness against corruption.

The objectives of the study are to identify international principles in the organization of international anti-corruption bodies; to identify the problems of organization in the activities of specialized anti-corruption prosecution services; to determine the main directions of prosecutorial activities in the fight against corruption; to identify the role of international cooperation of prosecutors in the fight against corruption.

The object of the study were public relations formed in the process of the prosecutor’s office in the fight against corruption, and the subject — the rules of law governing the activities of prosecutorial authorities and the practice of their application.

The methodology of research is general scientific methods of knowledge (dialectical, analysis and synthesis, modeling, and so on).

The article contains a comparative legal analysis of the legislation of foreign countries regulating the activities of prosecutors in the fight against corruption. Particular attention is paid to the organization and activities of prosecutorial authorities of CIS countries. Proceeding from the specifics of organization and activity, prosecutorial authorities of foreign countries are endowed with different volumes of powers in combating corruption. The engagement of prosecution authorities worldwide in combating corruption has led to the creation of specialized units within their structure. In many countries, however, an inter-agency opposition exists between specialized anti-corruption bodies and prosecutors’ offices due to overlapping responsibilities.

The prosecution authorities of Belarus, Russia, Kazakhstan, Uzbekistan, Tajikistan, and other countries have the greatest powers in the criminal and non-criminal spheres. Prosecutor’s offices in these countries are empowered to supervise the implementation of anti-corruption legislation and coordinate anti-corruption activities of the entire law enforcement system. A promising direction to improve the effectiveness of prosecution is the introduction of SWOT-analysis in its activities. Moreover, based on interstate training centers, a need for the advanced training of prosecutors persists. Considering the positive experience of creating the European Public Prosecutor’s Office, the expediency of granting the Coordinating Council of Prosecutors General of the CIS countries with additional powers to coordinate the activities of prosecution authorities in the fight against corruption was substantiated.

Russian Journal of Legal Studies (Moscow). 2022;9(1):73-84
pages 73-84 views

Law and Economy

Subjects of Financial Law

Karaseva M.V.


Articles on the modern problems of financial law are analyzed in the context of changes and additions brought by the Constitution of the Russian Federation.

In the system of public legal entities, as subjects of the financial law the new subject, the public legal entity of the federal territory «Sirius» appeared. The most complicated system of subjects of the financial law is the collective subjects. Their classification always caused difficulties. In modern conditions, in connection with the adoption of the Federal Law “About the General Principles of the Organization of the Public Power in the Subjects of the Russian Federation”, new classification collective subjects of the financial law can be suggested. They can be divided into bodies of the public power allocated with competence in the field of public finance and other organizations having legal personality in the same sphere.

Special attention is paid to analyzing the legal personality of the Federal TS. FTS, as a public power body, has special financial legal personality and special competence in public finance. Thus, she acts as the representative body authorized by the state in her own name. Concurrently, court practice gives examples of those situations when the FNS of Russia acts on behalf of the state in the civil relations generated by tax and legal situations.

Russian Journal of Legal Studies (Moscow). 2022;9(1):85-91
pages 85-91 views

Risks and Threats of Total Digitalization: Opportunity and Manageability Level

Timchenko A.V.


This article deals with society’s different spheres and parts of the economy’s total digitalization, particularly in the transportation security sphere. Although artificial Intelligence carries multiple process-simplifying innovations, it possesses numerous hidden threats and risks in digital technology transformation. China’s social credit system experience that carried out global digital technologies is analyzed. Digitalization is a method employed to transform managerial and legal decisions into the digital field. Modern humans should find their position in this digital space.

Russian Journal of Legal Studies (Moscow). 2022;9(1):99-106
pages 99-106 views

Improving the Regulation of the Cryptocurrency Market through the Development of the Idea of Fast Law

Tymoshenko A.A.


This article describes the main provisions of the rapid law concept — the idea of introducing blank norms into legislation, the content of which is possible by accessing special databases designed to consider the threats posed by the free circulation of cryptocurrency assets to the greatest extent.

These conclusions are based on the analysis of the dangers of using cryptocurrencies by broad segments of the population, the lack of effective mechanisms for controlling their turnover, including the acquisition and exchange for other financial assets.

The concept of fast law can also be used in other areas, such as in the regulation of industrial or transport securities.

Russian Journal of Legal Studies (Moscow). 2022;9(1):93-98
pages 93-98 views

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