RUDN Journal of Law最新文献

{"title":"Origin of rules of law choice: the primitive era","authors":"Irina V. Get’man-Pavlova","doi":"10.22363/2313-2337-2024-28-2-280-296","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-280-296","url":null,"abstract":"The article explores the concept that the first relations falling under the subject of private international law originated in the primitive period. These relations include exogamy and incest taboos, the institution of hospitality and exchange agreements. Exogamy and incest taboos are fundamental relationships that emerged parallel to the development of society and law, forming he cornerstone of these constructs. These represent the earliest interactions involving “foreign persons” and are characterized by personal non-property character. Hospitality ties are linked to exogamy while exchange relationships follow subsequently. Intergroup agreements serve as primary mechanism for regulating these relations and lay the groundwork for the inception of the initial choice-of-law rules. The conflicts are not interstate but rather intergroup (intercommunal), similar to contemporary interpersonal or interlocal disputes. The author applies a number of methods such as comparative analysis, reconstruction, formal-logical, dialectical, natural science and historical analysis in this research. In conclusion, the author asserts that three key institutions emerged in the pre-state era, forming the foundation of modern PIL: exogamy (cross-border marrital and family relations), hospitality (foreigners’ law), and exchange (international contract law). During this period the first conflict resolution rules also emerged. The principle method for addressing conflict issues in primitive societies is the unified substantive approach through intergroup agreements. Additionally, archaic law incorporated conflicting principles like personal law and the law of the place where the action occurred. These conclusions are drawn through a reconstructive approach and are supported by archeology, genetics, anthropology, as well as domestic and foreign scholarly research on legal genesis.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141358587","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}

{"title":"Emile Durkheim’s social research in the context of human rights activism","authors":"Petr A. Kucherenko, Firuzsho K. Nazarshoev","doi":"10.22363/2313-2337-2024-28-2-360-377","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-360-377","url":null,"abstract":"This article provides an analysis of the fundamental categories of Emile Durkheim’s theory within the framework of his methodology for social research and the phenomenon of human rights activism. It examines categories such as “social fact”, “solidarity”, “collective consciousness”, and “anomie” in the context of human rights activities. A distinctive feature of the article is its interdisciplinary approach, integrating sociological research results into the field of jurisprudence. The article explores a range of works by the French sociologist and philosopher Emile Durkheim, as well as relevant works by other philosophers, along with the contribution of contemporary Russian legal scholars within the aforementioned context. Given the growing demand for works on human rights issues in both Russian and global legal science, the authors conclude that a comprehensive understanding of the nature of individual rights and legal violations facilitates their more effective, profound, and systematic protection, not only in a reactionary sense, but also by enabling a preventive function in human rights activism. In this regard, the acquired sociological and legal knowledge seems pertinent, sought after, and can be utilized in subsequent doctrinal developments.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"93 26","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141359289","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}

{"title":"Social and legal regulators. Conceptual developments by V.I. Nizhechek","authors":"Nikolai A. Vlasenko","doi":"10.22363/2313-2337-2024-28-2-390-406","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-390-406","url":null,"abstract":"The role of the Soviet scientist-activist V.I. Nizhechek in the development and establishment of social regulation concepts, and its importance in governing societal affairs, as well as functions and potential of law, and its relationship with morality as a social regulator are thoroughtly explored. V.I. Nizhechek posits that legal and social regulations share a common nature, are deeply interconnected, and exhibit numerous practical manifestations of unity. While aknowledging the independent nature of law, the scientist concludes that legal norms essentially form a component of social regulation in society. Notably, the author emphasizes moral regulation, and the interplay between legal norms and morality, while examining various social regulators such as corporate norms, ethincs, religion, and others. V.I. Nizhechek does not differential between morality ad ethics; however, he asserts that morality holds a dominant role in the system of social regulation, highlighting the so-called “proximity” of morality and law. Morever, the author draws relevant parallels that substantiate the systematic nature of social regulation. V.I. Nizhechek delves into the crucial question of the theory of law as a tool of legal regulation in historical and contemporary contexts. He considers the evolution of legal regulation in terms of broadening its scope and reinforcing its role in Soviet society, unlimately concluding that legal regulation has become more complex. The concept of the intimate connection between economic and legal methods of regulation is presented; the author asserts that there may be no contradiction between these methods of regulation since all economic methods are mediated by legal norms. The material is prefaced by the author's personal recollections of meetings and conversations with V.I. Nizhechek, as well as with scholars, colleagues, who were associated with him.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"33 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141360069","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}

{"title":"Ecological culture of Russian citizens: constitutional consolidation and regulatory support of its formation practice","authors":"S. Kodaneva","doi":"10.22363/2313-2337-2024-28-2-407-423","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-407-423","url":null,"abstract":"The increasing concern over environmental degradation, ecological deterioration and climate change underscores the imperative for the active state environmental policy. An essential aspect of such a policy is formation of environmental culture among Russian citizens, as reflected in the amendments to the Constitution of the Russian Federation adopted in 2020. The relevance of this article is underscored by the necessity to develop holistic approaches for the formation of legal mechanisms to implement paragraph e.6. of Article 114 of the Constitution effectively, as the current focus of environmental culture formation is predominantly limited to school education and upbringing. The study aims to delineate the contents of environmental culture and devise comprehensive recommendations to enhance the normative and regulatory framework to foster this culture not only among children, but also within the adult population of the country. The research methodology encompasses the sociological and legal methods, interdisciplinary analysis of Russian and foreign scientific literature, generalization, systematization, analogy, as well as the method of legal modelling. The study has identified three elements of environmental culture, each necessitating distinct approaches for its legal regulation. Furthermore, the author has formulated specific proposals for amending the legislation of the Russian Federation to actualize the constitutional provision concerning the cultivation of environmental culture of the country's population.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"41 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141355418","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}

{"title":"Book announcement: Krylov, V.G., Samoilov, I.A., Sedgaryan, K.A (2004) Business Entity as a Form of Running Business: Textbook. Moscow, Statut Publishing House","authors":"Julia G. Leskova","doi":"10.22363/2313-2337-2024-28-2-464-469","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-464-469","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"14 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141356384","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}

{"title":"«Impressions of a jurer» by G.S.N. as a source for studying the Russian jury trial of the late XIXth century","authors":"Alexey A. Demichev","doi":"10.22363/2313-2337-2024-28-2-316-328","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-316-328","url":null,"abstract":"The document Impressions of a Juror is analyzed as a personal account of an anonymous author, G.S.N., who recounted his experiences as a juror in legal proceedings in the Russian Empire in the late 19th century. Both external and internal criticism of the source is conducted, facilitating the establishment of the approximate place, time, and purpose of its creation. Furthemore, the socio-psychological portrait of the author is reconstructed, considering aspects such as social affiliation, level of education, place of residence, and certain psychological characteristics. The analysis acknowledges the uniqueness of Impressions of a Juror, which not being a part of mainstream historical sources, remain a distinctive work. On the other hand, it shares characteristics inherent in other personal documents from jurors of the Russian Empire in the second half of the 19th century, particularly regarding its general character, presentation style, and the scope of covered issues. It is noted that the factual value of the source under consideration is limited, as it does not allow for the comprehensive reconstruction of the judiciary and legal proceedings in the Russian Empire, nor does it facilitate a complete understanding of the criminal cases under consideration. Despite these limitations, the conclusion is drawn that Impressions of a Juror holds cognitive value due to its provision of information not found in other historical sources. The document offers details that breathe like into the specifics that were previously only studied on the basis on normative legal texts, and official statistics. Thus while the source may not provide an all-encompassing view of the legal landscate of the Russian Empire, it contributes a unique perspective that enriches the understanding of historical proceedings.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141358903","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}

{"title":"Incorporation of foreign timber concessions in Soviet Russia in the 1920s","authors":"Oleg V. Minchuk, Daniil S. Zaozerskiy, Aleksey S. Nikiforov","doi":"10.22363/2313-2337-2024-28-2-329-344","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-329-344","url":null,"abstract":"The article based on legislative acts of Soviet Russia and unpublished sources of the State Archive of the Arkhangelsk Oblast, describes the features of incorporation of Russangloles, Russhollandoles and Russnorvegoles joint-stock companies, operating in the North of Russia in the 1920s. The article analyzes the Standard Agreement on Timber Concessions (1922), which was used by the Soviet state and foreign entrepreneurs in the process of drafting concession agreements in the timber industry and the Scheme for Constructing a Standard Agreement on Timber Concession. The study of these sources allows reconstructing the principle of forming contracts contributing to Russangloles, Russhollandoles and Russnorvegoles functioning.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"40 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141358790","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}

{"title":"The evolution of digital legal proceedings in African countries: Nigeria, Egypt and South Africa in the focus","authors":"E.P. Rusakova","doi":"10.22363/2313-2337-2024-28-2-424-435","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-424-435","url":null,"abstract":"The adoption the Digital Transformation Strategy for 2020-2030 by the African Union stands out as a significant milestone in advancing digital agendas and programs across African countries. The integration of digital technologies into the society and economy is acknowledged as a catalyst for fostering innovative, inclusive and sustainable growth. Formulated upon existing ICT initiatives in Africa, this strategy not only holds socio-economic importance for the continent’s development by also play a pivotal role in ensuring digital governance. African countries grapple with challenges such as unemployment, poverty, and digital divide, making the coordinated policy of all states critical for the successful realisization of the digital strategy. Essential components include adequate financing, regional integration, international cooperation and harmonization. The digital transformation of justice holds the potential to address various issues concerning accessibility and efficiency of the judicial method of safeguarding the rights and legitimate interests of citizens and business entities. A notable concern is the lack of trust in the judicial system by over 53% of Africans, emphasizing the need for improvements in legal systems to combat delays, corruption, and hight litigation costs. Moreover, the digital gender gap poses a particular challenge, with only 24% of women in Africa having access to the Internet. Rural women, facing additional societal barriers, encounter difficulties in accessing legal aid, property and economic opportunities. Leveraging digital technologies to enhance justice systems, including through remote court participation and electronic case management, can mitigate these challenges. By facilitating gender-inclusive access to justice, reducing costs and processing time, and enhancing overall judicial efficiency, digital transformation in the realm of justice may pave the way for more equitable legal processes. The theoretical and methodological foundation of the study is rooted in a dialectical approach to understanding social processes and legal phenomena. The objectives of this study also necessitate application of a number of general scientific methods. Methods of analysis and synthesis are employed to examine legal trends in the progression of electronic justice, as well as to compare the evolution of digital justice in Egypt, Nigeria, and South Africa. The unique characteristics of the study’s object - civil legal relations emerging during the exrercise of the right to judicial protection in electronic format - also require the use of private law methods.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"93 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141359291","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}

{"title":"Supervisory bodies in the systems of power in Russia and certain foreign countries: Comparative analysis","authors":"Sergei G. Rokityanskii","doi":"10.22363/2313-2337-2024-28-2-297-315","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-297-315","url":null,"abstract":"The significance of law enforcement cannot be understated in any state, and diverse models and traditions of law enforcement have evolved within different legal sustems. The status of the Procuracy in the Russian Empire, the Soviet Union and modern Russia, has been consistently characterized by its own independent power for supervising legality, including the actions of government officials. This contrasts with the European and Anglo-American legal systems where the concept of “general supervision” is not present and prosecutors do not possess equivalent powers. In the socialist model of China, an independent system of supervisory bodies has been established separately from the procurator’s office to oversee the activities of government officials. Each model exhibits distinct ontological, structural and organizational features, and a comparative analysis of their accumulated experiences facilitates the identification of their respective advantages and disadvantages, underscoring the relevance of this study. The research aimes to identify and analyze the commonalities and differences among four organizational models for ensuring the rule of law. Notably, the empirical basis for comparing supervisory authorities emphasises the state superiority function, irrespective of the body responsible for its execution (functional approach), rather than external similarities such as the name \"prosecutor's office\" or \"prosecutor\". The study draws from authentic legal texts, regulations, authoritative doctrinal commentaries, relevant judicial practices, and official interpretations of foreign legislation. The outcomes of the research lead to informed conclusions regarding the distinctiveness of the Russian model of the Procuracy, which incorporates several advantages from each foreign model, complements them with its own features and is thus capable of embracing positive experiences, regardless of their origins, to effectively filfill its mission.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"15 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141356809","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}

{"title":"Socio-legal monitoring and its importance for identifying and establishing the limits of the scope of legal regulation","authors":"Ekaterina Zaitseva","doi":"10.22363/2313-2337-2024-28-2-263-279","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-263-279","url":null,"abstract":"At any stage of the development of the state and society, there arises a need to identify the objective necessity for legal regulation of social relations. In addressing this issue, the legislator is confronted with two main challenges: on the one hand, they must avoid artificially expanding the scope of legal regulation, and on the other hand, unnecessarily narrowing it, since both may diminish the regulatory properties of law, thereby negatively affecting its effectiveness. Establishing the limits of legal regulation necessitates the use of various law-making technologies, which include socio-legal monitoring. The objective of this study is to delineate the essence of socio-legal monitoring as an independent law-making technology and a form of legal activity of the same name that enables setting the limits of legal regulation. The methodological basis of the research comprises the universal dialectical-materialistic method, as well as general scientific techniques (analysis, synthesis, induction, deduction, generalization, comparison, and some others) and specific scientific methods (formal legal, comparative legal) of scientific knowledge. Socio-legal monitoring is a law-making technology aimed at analyzing and evaluating the content and form of law-making, interpretation, law enforcement activities, legal provisions, as well as public relations by collecting diverse information in order to enhance the efficiency of legal regulation. This law-making technology forms the basis for implementing the same type of legal activity. The social nature of legal monitoring is determined by the inclusion of social relations (the object of legal regulation) among the objects of monitoring, the analysis of which enables to identify the scope of legal regulation and consolidate it as the subject of legal regulation. In terms of identifying and establishing the limits of the scope of legal regulation, three significant types of socio-legal monitoring can be distinguished. The specifics of each type will determine the place and potential use of this technology, as well as its significance: monitoring of public relations, monitoring of interpretive practice and monitoring of law enforcement practice.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"73 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141357652","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}