Actual Problems of Russian Law最新文献_第2页

The Role of the Law and Socialist Legal Awareness in Practice of Law of Soviet Authorities and Administration in 1917–1928 法律和社会主义法律意识在 1917-1928 年苏维埃当局和行政当局法律实践中的作用

Actual Problems of Russian Law Pub Date : 2024-02-15 DOI: 10.17803/1994-1471.2024.158.1.011-021

T. Shatkovskaya, M. S. Didenko

{"title":"The Role of the Law and Socialist Legal Awareness in Practice of Law of Soviet Authorities and Administration in 1917–1928","authors":"T. Shatkovskaya, M. S. Didenko","doi":"10.17803/1994-1471.2024.158.1.011-021","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.158.1.011-021","url":null,"abstract":"On the basis of published and unpublished documents, the authors explain changes in the social significance and the role of the Soviet law and socialist legal awareness in the Soviet state in the context of transition from revolutionary to socialist legality during the first decade of Soviet power. The negative impact of a low level of legal technique of the first Soviet laws on law enforcement resulted in the need to adopt additional departmental acts to implement them and the widespread use of socialist legal awareness in legal practice. The most multifaceted law enforcement role of the socialist legal consciousness was manifested in the activities of the people’s courts. The law enforcement role analysis made it possible to establish the mutual influence of Soviet laws and socialist legal consciousness. The Soviet law was an authoritative guide to the socialist legal consciousness, which, in turn, became the key to understanding the laws and their application by analogy in conditions of frequent changes in government policy.Using the example of the Soviet legal practice of 1917–1928, the authors conclude that the legal and technical inconsistency of laws leads to the emergence of new regulators and the erasure of the legal limits of discretionary powers of authorities. The authors substantiate that the Soviet government used the socialist legal consciousness to strengthen the mechanism of the Soviet state, to create in its structure a flexible tool for correcting rapidly outdating unsettled legislation.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"80 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140456302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Strategic Constitutionalism and Constitutional Changes: the State and Citizens in Constitutional Forecasting and Public Legal Communication 战略性宪政与宪法变革：宪法预测和公共法律传播中的国家与公民

Actual Problems of Russian Law Pub Date : 2024-02-15 DOI: 10.17803/1994-1471.2024.158.1.033-047

I. Kravets

{"title":"Strategic Constitutionalism and Constitutional Changes: the State and Citizens in Constitutional Forecasting and Public Legal Communication","authors":"I. Kravets","doi":"10.17803/1994-1471.2024.158.1.033-047","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.158.1.033-047","url":null,"abstract":"The paper highlights foundations and development of the doctrine of strategic and dialogical constitutionalism in the context of the crisis of the modern world order and constitutional and legal thinking. Strategic constitutionalism and the strategy of constitutional changes are considered as the most important development paradigm that ensures the progress and diversification of models of modern constitutionalism. The paper explains the factors of conceptualization of constitutional changes, dwells on the state as a constitutional strategy and a strategy for diversifying constitutionalism in the world, the dilemmas of legal constitutionalism and forecasting constitutional changes from the standpoint of academic and expert opinion, academic discussions concerning the purpose and role of dialogical constitutionalism and citizens’ participation in constitutional changes, some strategies for constitutional changes in Russia and Europe, prospects for improvement of institutions of popular participation, the institute of professional and expert opinion in the Russian constitutional doctrine and legislation. The paper employs deliberative and epistemological approaches, methods of formal-legal, concretehistorical, comparative constitutional-legal and complex analysis.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"228 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140456030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Somatic Biotechnologies in the System of Social Values of Modern Russian Society 现代俄罗斯社会价值体系中的体细胞生物技术

Actual Problems of Russian Law Pub Date : 2024-02-15 DOI: 10.17803/1994-1471.2024.158.1.022-032

S. S. Zenin, M. A. Nekrasov

{"title":"Somatic Biotechnologies in the System of Social Values of Modern Russian Society","authors":"S. S. Zenin, M. A. Nekrasov","doi":"10.17803/1994-1471.2024.158.1.022-032","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.158.1.022-032","url":null,"abstract":"The paper is devoted to analyzing the impact of somatic biotechnologies on the system of social values of modern society. In the paper «somatic» refers to such technologies that relate to the genetic modification of the human body or its functional systems carried out in various ways. The authors attempt to analyze the main directions of transformation of social institutions of modern Russian society, taking into account advantages and disadvantages of the new technological revolution. Attention is drawn to the risks that biotechnologies pose to society and the state as a whole. The authors substantiate the necessity of participation of the state and various social groups in the development of an optimal strategy reflecting the interests of all stakeholders, based on transparency and trust. The paper indicates that it is necessary to determine the levels of permissible human exposure to various concomitant factors when using biotechnologies. This will require a normative rethinking of the entire concept of human and civil rights and freedoms enshrined in the Constitution of the Russian Federation that includes the right to life, its values, the principles of the inalienable fundamental human rights and freedoms, their belonging to everyone from birth, the right to privacy, the right to personal and family secrets, dignity and good name.It is important at the regulatory level to consolidate the legal regime of genetic data about a person in the system of social values, prohibit discrimination based on genetic uniqueness, and develop requirements for medical organizations using somatic biotechnologies. The resolution of future problems involves a theoretical rethinking and normative regulation of new forms of work that will appear in the future, as well as new types of property. The ideas of motherhood and childhood, as well as families, will require new content, which will affect the most important values of society and demand active involvement of the state.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"41 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140456499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Digital Ruble Legal Regulation 数字卢布法律法规

Actual Problems of Russian Law Pub Date : 2024-02-15 DOI: 10.17803/1994-1471.2024.158.1.048-055

T. E. Rozhdestvenskaya, A. Guznov

引用次数: 0

The Digital Ruble as a Legitimate Means of Payment 作为合法支付手段的数字卢布

Actual Problems of Russian Law Pub Date : 2024-02-15 DOI: 10.17803/1994-1471.2024.158.1.056-065

A. V. Turbanov

引用次数: 0

Participation of Bodies, Organizations and Individuals in an Administrative Case to Render an Opinion hereon 机构、组织和个人参与就行政案件提出意见

Actual Problems of Russian Law Pub Date : 2024-02-10 DOI: 10.17803/1994-1471.2024.159.2.018-026

S. M. Mikhailov

{"title":"Participation of Bodies, Organizations and Individuals in an Administrative Case to Render an Opinion hereon","authors":"S. M. Mikhailov","doi":"10.17803/1994-1471.2024.159.2.018-026","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.159.2.018-026","url":null,"abstract":"The paper is devoted to examination of some problems related to the participation of bodies, organizations and individuals in administrative cases in order to render a decision hereon. The author analyzes the grounds and objectives of such participation, determines the range of subjects obliged to render an opinion and the procedure for their involvement (entry) into the judicial administrative procedure, elucidates peculiarities of a procedural standing of the relevant bodies, organizations and individuals. On the basis of the research, the author concludes that it can serve to improve the legislation on administrative proceedings and the practice of its application, in particular: on expediency of supplementing the CAP of the Russian Federation with norms that would allow bodies and individuals to be involved in giving opinions not only in cases provided for by the Code, but also in other cases when the court considers it necessary, on specificity of the mechanism involving commissioners for the rights of the child in the judicial administrative proceeding in relevant categories of cases that allows combining an active role of the court and the human rights function of the commissioner.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"7 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140459382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Russian Legal Education: The Present and the Future 俄罗斯法律教育：现状与未来

Actual Problems of Russian Law Pub Date : 2024-01-22 DOI: 10.17803/1994-1471.2024.159.2.054-062

M. E. Mirzoyan

{"title":"Russian Legal Education: The Present and the Future","authors":"M. E. Mirzoyan","doi":"10.17803/1994-1471.2024.159.2.054-062","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.159.2.054-062","url":null,"abstract":"The paper examines the issues of modern Russian legal education that developed under the auspices of the Bologna educational system. Since the introduction of the Bologna rules, which Russian innovators interpreted exclusively in a subjective way, domestic education has not improved. On the contrary, all those positive characteristics that education possessed within the Russian borders began to gradually disappear, striving to blindly copy foreign variants. Many problems have appeared in education, mainly due to the departure from Russian cultural values and the attempt to replace them with foreign standards. As a result, educational levels have appeared, which, in theory, require an original educational approach. But such an approach requires saturation of the curriculum material of one level to the detriment of another, which is hardly feasible. It is emphasized that Russian traditions in education, their reanimation, including a return to specialist’s degree, are able to raise the educational level of Russia to the proper height again. The paper briefly comments on the efforts of Russian scientists, mainly professors of the Higher School of Economics, in the field of improving the educational process. The problem of the effectiveness of lecturing in conditions of simplified information acquisition is raised. As the main sketch from this area, the author gives a review of the work by Maria S. Shakaryan, who proposed a certain algorithm for reading introductory lectures.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"52 9-10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140499471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Development of the Doctrine of Civil Procedural Capacity and Legal Capacity (in Memory of Professor Maria S. Shakaryan) 民事诉讼能力和法律能力理论的发展（纪念玛丽亚-沙卡良教授）

Actual Problems of Russian Law Pub Date : 2024-01-22 DOI: 10.17803/1994-1471.2024.159.2.036-045

D. Y. Ionova

{"title":"Development of the Doctrine of Civil Procedural Capacity and Legal Capacity (in Memory of Professor Maria S. Shakaryan)","authors":"D. Y. Ionova","doi":"10.17803/1994-1471.2024.159.2.036-045","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.159.2.036-045","url":null,"abstract":"The paper is dedicated to the memory of Honored Lawyer of the RSFSR, Doctor of Law, Professor Maria S. Shakaryan. The paper highlights some historical aspects of the development of the doctrine of civil procedural legal capacity and legal capacity, highlights the contribution that Professor Maria S. Shakaryan made to the study of these categories. It is noted that many of the issues that Professor Shakaryan raised in her works remain controversial in the science of civil procedural law to this day. Special attention is paid to dissemination of the concepts of procedural capacity and legal capacity to all participants in procedural relations, as well as to the court. The author argues that this approach destroys the integrity of the concept of not only procedural capacity, but also procedural legal capacity. Separately, the author examines the issue of the need to involve citizens recognized by the court as legally incompetent to participate in person in court proceedings. Attention is drawn to the problem of ensuring adequate protection of the rights of citizens recognized by the court as legally incompetent, which is relevant in practice and unresolved in civil procedural legislation.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"287 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140499741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Complicity in Administrative Proceedings 参与行政诉讼

Actual Problems of Russian Law Pub Date : 2024-01-22 DOI: 10.17803/1994-1471.2024.159.2.012-017

N. A. Gromoshina

{"title":"Complicity in Administrative Proceedings","authors":"N. A. Gromoshina","doi":"10.17803/1994-1471.2024.159.2.012-017","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.159.2.012-017","url":null,"abstract":"The author of the paper, making a brief historical insight, comes to the conclusion that unification of institutions of complicity in modern civil procedural codes is predetermined by the development of both the doctrine and legislation. Explaining the main characteristics and types of procedural complicity, the author expresses an opinion on the acceptability for the Russian institution of mandatory procedural complicity of the American model that divides mandatory complicity into conditionally mandatory and absolutely mandatory. Based on judicial practice, the paper argues for the need to finalize the grounds for procedural complicity in administrative proceedings, taking into account the specifics of substantive administrative legal relations, as well as the need to expand the court’s ability to bring to court co-defendants based on the tasks of justice and judicial discretion. The author substantiates the conclusion that the first and second defendants involved in the case of challenging the decision, action (inaction) of an official, state or municipal officer under Part 2 of Article 221 of the Code of Administrative Procedure of the Russian Federation, in fact, are co-defendants. The paper emphasizes the importance of finalizing normative regulation of the institution of complicity in administrative proceedings.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"263 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140500147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Philosophical Meaning of Civil Proceedings 民事诉讼的哲学意义

Actual Problems of Russian Law Pub Date : 2024-01-22 DOI: 10.17803/1994-1471.2024.159.2.097-103

I. I. Chernykh

引用次数: 0