RUDN Journal of Law最新文献

{"title":"The Constitutionalization of information security in Russian Law: improving the theoretical model","authors":"Y. Gavrilova","doi":"10.22363/2313-2337-2023-27-1-97-116","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-1-97-116","url":null,"abstract":"Research discusses one of the constitutional amendments of 2020. In accordance with the new version of paragraph “m” of Part 1 of Article 71 of the Constitution of the Russian Federation, the exclusive powers of the Russian Federation include issues of ensuring the security of the individual, society and the state when applying information technologies, and digital data turnover. The consolidation of the problem of information security at the constitutional level determines the need for a partial modernization of its theoretical model. Modification and revision of some of its components will lead to higher effectiveness of constitutional regulation and improve the quality of application of industry legislation in the field of information technology and information protection. The purpose of the research is to investigate the main directions of enhancing the theoretical model of information security in terms of constitutional changes. The employed research methods are formal-legal, logical, system, statistical, structural-functional, modeling, and forecasting. The outcome of the study can be outlined as follows. The research clarifies the concept of information security, proposes to generalize the range of basic subjects of public relations related to information security, expand their rights and obligations, highlight the constitutional and sectoral legal regimes of information protection, and strengthen responsibility for offenses in the information sphere. In conclusion the study argues that updating the theoretical model of information security of the Russian Federation should be carried out in the following key areas: firstly, developing information security targets expressed in strategic and program documents of the state; secondly, clarifying classification of information security threats; thirdly, expanding legal regulation density; fourth, strengthening the law-enforcement mechanisms of information security; fifth, establising and maintening optimal balance between legal, technical and ethical regulation of information technologies, primarily digital technologies; and finally, definiing acceptable and unacceptable boundaries of application of information technology and digital data in people's lives.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43770513","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":"Legal support for digitalization of art","authors":"T. Mikhaliova","doi":"10.22363/2313-2337-2023-27-1-117-134","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-1-117-134","url":null,"abstract":"The relevance of digital art and digitalization of art, as a more general category, reflecting the modern technological approach to this sphere of human activity, is manifested in mainstreaming of legal regulation of various aspects of digital technologies impact on the sphere of creativity and their inclusion in the legislative agenda. The article reveals the legal features of digitalization of art at the present stage. It examines the main areas of digitalization of art and legal means to ensure their support. The broad and narrow approaches to the concept of “digital art” have been outlined. The issues of defining intellectual property rights for the results of creativity (works) produced with artificial intelligence and increasing access to works of art and cultural objects in the digital age have been analyzed. The paper applies interdisciplinary approach, methods of analysis and synthesis, abstraction as well as formal-legal and comparative-legal methods. Based on the analysis the author forms the concept of three determinative directions which enable complex processes of combination of creativity and technologies in an integrated way of “development”, “circulation” and “distributed security” of art.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49627281","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":"Transformation of corporate law: quasi-corporate and quasi-public structures","authors":"O. Novikova","doi":"10.22363/2313-2337-2023-27-1-181-199","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-1-181-199","url":null,"abstract":"The purpose of the research is to study certain aspects of transformation of corporate relations and corporate law, in the light of blurring of company boundaries and development of digital communications and startup culture. The results and conclusions are obtained based on general scientific and private scientific methods of research. Research studies examples of quasi-corporate and quasi-public structures created through (1) deferred share transfer agreements (SAFE), (2) crowdfunding agreements, (3) public market intermediary companies (SPAC), (4) exchanges for private companies. With the emergence of cross-border hybrid corporate structures at intersection of debt and equity, public and private financing, the current debates on the objectives of corporate law and the purpose of the corporation acquire a new perspective, as the very boundaries of the corporation become fluid. At the same time, decision-making procedures are mediated by third parties and digital technologies, with the prospect of conflict of interest, and are regulated, among other things, by standards emerging so to say from below. In the digital era, flexibility in the choice of elements of the structure allows to detach from the current state corporate regulation and attach to it in the right place and at the right time. It is concluded that the explosive growth of hybrid structures forms new areas of development of legal regulation by rejecting the dichotomy of soft and hard law. Among the vectors of transformation, the growing importance of private law unifications, the development of theoretical apparatus based on the concept of transnational law, the emergence of its subsystems, including lex corporatoria are noted. Among the tasks of lex corporatoria the formation of standards and customs in the field of corporate finance is also postulated as a regulatory framework for functioning of the hybrid structures under study.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43972852","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":"Russian Constitutional Court jurisprudence of tax fairness","authors":"E. Ryabova","doi":"10.22363/2313-2337-2023-27-1-54-75","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-1-54-75","url":null,"abstract":"Public finance is subject to the principle of fairness, which has a vague character and rarely finds an appropriate reflection in law. Supreme Courts and Constitutional Courts of different countries may refer to this principle and disclose the content of fairness in public finance processes. The scope of the article includes legal establishment and realization of the principle of fairness in contemporary Russian tax law. The author investigates this issue mainly considering the Constitutional Court’s legal positions. The Russian Constitutional Court actively refers to the principle of fairness to resolve disputes in taxation. The analysis of Constitutional Court judgements shows that the content of the principle of fairness for tax purposes depends upon a type of public fee. In some cases, the Court uses the principle of fairness in a broader legal meaning and does not interpret fairness for tax purposes using the vaguest terms and words for arguments. In other cases, the Court may use a more specific and narrow meaning of the principle of fairness in cases on imposition of tax and/or tax liability (tax fairness).","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48715883","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":"RSFSR Land Code of 1922 as the first codified act in the history of Russian land legislation","authors":"T. F. Yashchuk","doi":"10.22363/2313-2337-2022-26-4-938-958","DOIUrl":"https://doi.org/10.22363/2313-2337-2022-26-4-938-958","url":null,"abstract":"The RSFSR Land Code of 1922 (LC), adopted as part of the comprehensive codification of Soviet law in the 1920s, is in the focus of this article. The Land Code is looked at as the first codified act that forms the branch of Soviet land law, defining its subject, method, and parameters of further development. The article is based on extensive historiographical material, which is systematized by periods. In the 1920s the Code of Law was in full force, therefore, a doctrinal interpretation of its norms, and authors’ comments on the Code were published. Subsequently, the Land Code of 1922 was studied with the aim of understanding and gaining historical experience in the development of new land laws. The article uses normative legal acts of the Soviet period, published documents, and archival sources. Particular attention is paid to the LC draft preparation and its further development until legislative approval. The methodology includes the dialectical method, as well as comparative legal and formal legal methods. The LC is studied as a historical source of legal content; its external criticism is given. The impact on the content of the LC of social and political conditions of previously issued acts is revealed. It is determined that the Land Code reflects consistency and novelty of the Soviet land legislation. The level of consolidation and incorporation of previously tested norms is very high. The LC most noticeable gaps and the ways to overcome them are outlined.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42214915","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":"From RSFSR Land Code of 1922 to the theory of environmental law: Oleg Kolbasov’s scientific heritage","authors":"I. O. Krasnova","doi":"10.22363/2313-2337-2022-26-4-959-975","DOIUrl":"https://doi.org/10.22363/2313-2337-2022-26-4-959-975","url":null,"abstract":"Development of the contemporary ecological or environmental law roots in the far past of the Soviet law-making period; it goes on creatively borrowing legal concepts, legal mechanisms and methodology of legislative regulation. The Land Code of RSFSR adopted in 1922 has become the first act that played a historical role in the development of natural resources and ecological law. Such evolution was accompanied by theoretical legal research carried out by representatives of the Soviet legal science on nature protection. In the constellation of scholars, a remarkable place belongs to Oleg Kolbasov a famous and talented researcher and lawyer-ecologist. In his works he raises the issues that are still topical both in the legal science and the law-making activities; these are the issues concerning the name of the branch of law dealing with nature and man interrelations, its system and contents. He is also the author of highly demanded fundamental works on Soviet water resources law. The Article provides an analysis of the Land Code of 1922, and Kolbasov’s scientific views on the development of nature protection law in the context of Soviet land use, nature resources and environment protection legal acts.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46753544","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 Supreme Court of the RSFSR as a legal form of the supreme judicial authority: to the 100th anniversary of the Supreme Court of the Russian Federation","authors":"E. Burdina, L. Fomina","doi":"10.22363/2313-2337-2022-26-4-808-825","DOIUrl":"https://doi.org/10.22363/2313-2337-2022-26-4-808-825","url":null,"abstract":"The 100th anniversary of the highest court instance of Russia determines the relevance of studying the Supreme Court of the RSFSR as a historical and legal phenomenon, formed as the highest judiciary authority on fundamentally different organizational approaches than before. The article studies certain specifics of the highest instance of Russia’s judiciary, including legal forms of its organization, activities of the Supreme Court of the RSFSR, structural intra-system relationships, and its place and role in the development of Russia’s statehood. The research offers analysis of theoretical concepts and judicial legislation during the preceding period between the two judicial reforms (of 1864 and of 1922). It aims at revealing certain features of the legal model of the Supreme Court of the RSFSR in 1922 as the first created national form of an organizationally autonomous court of the highest judicial instance in terms of its place and role in the system of Soviet justice. The research methodology is based on comparative-legal and historical-legal approaches. The author refers not only to legal acts, but also to publications of the party and Soviet leaders of the first years of the Soviet power, devoted to the issues of formation of a unified judicial system and its supreme body. The prerequisites for the formation of the Supreme Court of the RSFSR associated with requests for stability and clarity of the rule of law, uniformity of judicial practice in the conditions of the New Economic Policy have been highlighted. The article draws conclusions concerning the legal status of the Supreme Court of the RSFSR, highlights its features as the highest level in a unified judicial system, and determines the legal nature, the place and the role of the Supreme Court of the RSFSR in the system of judiciary, where it was endowed with organizational and managerial powers in respect of people’s investigators, collegium of defense counsellors, bailiffs and public notary offices.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45754837","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":"Model of the Soviet criminal law codification: methodological, legal and technical features","authors":"E. Trikoz","doi":"10.22363/2313-2337-2022-26-4-890-920","DOIUrl":"https://doi.org/10.22363/2313-2337-2022-26-4-890-920","url":null,"abstract":"Researched process of theoretical preparation and practical experience in developing the first Soviet criminal code. It reveals the special significance, legal accessibility and partial continuity of certain provisions and constructions of the RSFSR Criminal Code of 1922, whose centenary is being celebrated this year by the Russian historical-legal and criminological community. The authors emphasize the advantages of legal codification projects, scientific doctrine (legalistic and sociological schools) and post-Russian Revolution law-enforcement practice for consistent codification by means of elaboration and adoption of drafts under the scheme: Code of Statutes / Code - Guiding principles - Republican code - basic Union code. The article analyzes the key provisions of the General and Special parts of the Republican Penal Code of 1922. It notes their keen political focus, class character of the penal system and their descending ladder, elaboration of crime from formal to substantive, the concept of potential danger and the analogy of law, paradoxical humanization by consolidating the system of social protection and non-custodial measures, new excluding circumstances, and juvenile system of penalties for minors. The research employs the system-structural, comparative-historical and functional methods, as well as special methods of technical and legal analysis, dogmatic interpretation and description of legal events and processes in specific historical circumstances of Soviet Russia in 1920s.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48967106","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":"Legislation on societies and unions of Soviet Russia (1917-1930s)","authors":"Anastasiya S. Tumanova, Alexander A. Safonov","doi":"10.22363/2313-2337-2022-26-4-861-876","DOIUrl":"https://doi.org/10.22363/2313-2337-2022-26-4-861-876","url":null,"abstract":"This article outlines a number of sources of law of various legal force that determine the legal status of non-governmental organizations in Soviet Russia in the 1917-1930s. Primarily, these are the Constitutions of the RSFSR and the USSR and Resolutions of the All-Russian Central Executive Committee and the Council of People’s Commissars on societies and unions. The authors examine doctrinal documents (resolutions of party congresses, excerpts from speeches by party leaders, etc.) that characterize self-organization of Soviet society and legal framework for the activities of mass voluntary associations. The legal foundations for voluntary associations operation in Soviet Russia, as well as specifics of legislative acts regulating their formation and activities, and the forms of control over them by the authorities, have not been fully studied in academic literature. This research aims to bridge this gap. Based on the analysis of a wide range of published sources, as well as the standpoint of modern methodology of critical legal research, the article investigates legal policy of the Soviet government aimed at developing a new legal framework for the activities of societies and unions including the principles of their relationship with the state in terms of formation, re-registration and termination of activities of mass voluntary organizations.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41781509","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":"Problems and prospects for the development of local self-government in the Russian Federation and foreign countries: The all-Russian conference with international participation, Moscow, RUDN, April 25-29, 2022","authors":"L. T. Chikhladze, Evgeny Y. Komlev","doi":"10.22363/2313-2337-2022-26-4-1017-1022","DOIUrl":"https://doi.org/10.22363/2313-2337-2022-26-4-1017-1022","url":null,"abstract":"On April 25-29, 2022, an All-Russian conference with international participation “Problems and Prospects for the Development of Local Self-Government in the Russian Federation and Foreign Countries” was held at the Law Institute of the Peoples’ Friendship University of Russia on the basis of the Department of Municipal Law. More than 200 scientists and practicing lawyers from the Russian Federation and foreign countries took part in the Conference. The Conference has acquired a traditional character and is being held for the sixth time. The 2022 conference was marked by a significant increase in the number of participants from different Russian regions, mostly by state and municipal employees. The additional relevance of the conference was caused by the ongoing municipal reform in Russia, designed to concretize the provisions of the 2020 constitutional reform. Besides reports by leading scientists and practitioners, the Conference included a student section “Young Scientist”, as well as a scientific seminar in Spanish on the topic “Decentralization in the framework of Peruvian constitutionalism”. Presents a general description of the conference, and the contents of the plenary meetings and sessions.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46352655","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}