Articles

The article reveals the negative consequences of a straightforward transfer of economic categories and approaches to civil law. In this case both the variety of legal forms of property relations and their historical ties to different legal systems (Continental civil law and Anglo-American common law) are neglected. Thus, the author criticizes the application of the ‘economic analysis of law’ concept, which is based on the economic approach to common law, for legal analysis of Continental legal concepts and ideas, which are alien to it. An observation is made that the scope of this concept is limited to business relations, as the development thereof has brought to life the trend of civil law economization. Conventional and economic nature of the concepts of ‘form of ownership’ and ‘intellectual property’, fallacy of legal definitions of ‘non-cash money’, ‘uncertificated securities’, and ‘digital property’, as well as confusion of economic and legal categories in the Anglo-American classification of property rights are emphasized. The article concludes that it is necessary to replace economic approaches to civil law with a legal analysis of economy, which makes it possible to legally define property relations and exclude unreasonable confusion of economic and legal concepts.

The article reveals various aspects of the influence of the Constitution of the Russian Federation of 1993 on the development of national constitutional justice. Such development is ensured through the improvement of constitutional norms by the legislator and, in this regard, the significance of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ, the adoption of which led to a certain modification of the existing model of constitutional justice, is revealed. It is shown how the understanding of constitutional norms on the organization and activities of the Constitutional Court of the Russian Federation has changed under the influence of amendments made to the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” in 2009, 2010, 2014, 2016 and 2020. In addition, a significant role in the development of constitutional justice is played by the legal positions of the Constitutional Court of the Russian Federation itself, which ensure the interpretation of constitutional norms in a certain socio-political context. Many of these positions were further constitutionally and legislatively fixed. The influence of the Constitution of the Russian Federation on the development of constitutional justice is revealed from several thematic perspectives: ensuring the autonomy and independence of the Constitutional Court of the Russian Federation as a body of state power; its composition, powers; the legal force of its decisions; regional constitutional justice. In conclusion, the author’s view of the problems under consideration is offered.

The Constitution of Russia, despite pessimistic forecasts during its adoption, caused, among other things, by the idea of the targeted, anti-crisis nature of this document, was a reliable basis for the formation of national consent, reconciliation of society, and became the most important guarantee of the preservation of Russian socio-cultural identity based on traditional spiritual and moral values. In modern socio-historical and geopolitical conditions, the consolidating role of the Russian Constitution and its potential associated with ensuring the sovereign development of Russian statehood is increasing. Designed to ensure state development in conditions of historical turbulence, the Russian Constitution enshrined flexible, self-adjusting mechanisms for balancing the interests of the individual, society and the state, based both on respect for the heritage and traditions of our ancestors, and on the desire for social progress. It is necessary to consistently reveal the normative, value-semantic content of the current Constitution of Russia, for which an essential prerequisite should be its demythologization in the sense of abandoning its distorted interpretations inspired by the currents of liberal-individualistic globalism. Some judgments on this matter, concerning, in particular, the ideological side of state development, the rights and freedoms of man and citizen in the system of constitutional values, spiritual, moral and legal education in the education system, are set out in the article with the expectation of further scientific dialogue and the formation of a new constitutional paradigms of Russian statehood.

The results of a study of the human rights practice of the Commissioner for Human Rights in the context of external challenges and threats are presented, the role of the institute of human rights as one of the integral elements of national sovereignty is considered. An attempt has been made by scientists and practitioners to study issues related to finding a balance between generally accepted standards and national characteristics in the protection of human rights, choosing tools to ensure effective monitoring of human rights and freedoms at the supranational level, and forming effective mechanisms by international organizations for human rights violations using the most optimal and constructive means. 

Guided by one of the main principles of human rights activity — mercy and humanism — outside politics, it seems necessary to study and comprehend existing conceptual approaches in the legal doctrine in the field of human rights protection and methodological tools of foreign colleagues-ombudsmen in order to test best practices and improve the effectiveness of human rights assistance. 

Taking into account modern realities caused by the systemic crisis of the international system for the protection of human rights and freedoms, the main directions of human rights activities, the main international and foreign human rights platforms for the development of cooperation are identified, new formats and promising areas of international cooperation in the field of human rights aimed at strengthening national sovereignty, respect for the principles of equality, independence and justice are highlighted.

At the same time, attention is drawn to negative trends associated with derogation of attention to the national system of constitutional law, deformation with the inclusion of Russia in the Bologna process of domestic philosophical and ideological principles of legal education, and the transition to a two-level system of training legal personnel (bachelor’s — master’s degrees). In this regard, specific directions for improving the teaching of constitutional law are proposed, taking into account the national characteristics of the philosophical and ideological foundations of domestic legal education, and the feasibility of transition to a constitutional model of training legal personnel is substantiated.

The author’s approach to the theory and practice of constitutionalism in the system of Russian legal education is presented. The very concept of constitutionalism is considered in this case on the basis of the unity of scientific, doctrinal, legal implementation and educational, methodological principles. This presupposes the need to substantiate new approaches both to the structure and content of the educational course on constitutional law, and to the organizational, legal, and methodological issues of its teaching. In this regard, the main guideline of the domestic legal education system should not be a narrow sectoral one (criminal security, corporate civil law, etc.), but a constitutional model of fundamental training of legal personnel. This presupposes the recognition of the ideas of constitutionalism as the basic principle of the system of teaching legal disciplines, bearing in mind the unity of legal theory and legal practice, lawmaking and law enforcement, considered on the integrative basis of legal positivism and the sociology of law, sociocultural, axiological characteristics of the legal existence of the individual, society and state. 

At the same time, attention is drawn to negative trends associated with derogation of attention to the national system of constitutional law, deformation with the inclusion of Russia in the Bologna process of domestic philosophical and ideological principles of legal education, and the transition to a two-level system of training legal personnel (bachelor’s — master’s degrees). In this regard, specific directions for improving the teaching of constitutional law are proposed, taking into account the national characteristics of the philosophical and ideological foundations of domestic legal education, and the feasibility of transition to a constitutional model of training legal personnel is substantiated.

The article examines and analyzes the scientific views of Professor Ninel Fedorovna Kuznetsova on the problem of the correlation of criminal and moral norms. Based on the works of N.F. Kuznetsova, being an outstanding representative of the criminological school of the Soviet period, the ideas dominating in the 60–70s of the twentieth century about the possibility of the complete eradication of crime in a socialist society, about the replacement of criminal law norms with moral norms are shown. Despite the fact that the works considered in the article were written during the existence of communist ideology, many of the provisions, conclusions and views of Prof. N.F. Kuznetsova are relevant at the present time. First of all, this concerns the issues of the correlation of moral norms and the norms of criminal law. The thesis on the characterization of the relationship between criminal law and morality as a harmonious and complementary interaction fully deserves support. The conclusions of the scientist about the reasons why certain acts are no longer considered criminal in a particular historical period have retained their relevance. First of all, this is due to significant socio-economic transformations in the society and the state, as well as to a decrease in the degree of public danger of individual crimes, their low prevalence and the absence of a tendency to increase their number

The article deals with the legal regulation of abortion procedures in the USA after the landmark 2022 decision Dobbs v. Jackson Women’s Health Organization of the US Supreme Court. The Supreme Court overruled its own precedents stating that the Constitution does not confer a right to abortion; the authority to regulate abortion belongs to state representatives. The main approaches to establishing the criteria for the legality of abortion, developed by the American states, the case law positions, especially resolving the ethical conflict of the mother-child competing interests, are covered in the article. The special attention is given to the historical roots for the adoption of Dobbs v. Jackson Women’s Health Organization. In particular, the legal position of the US Supreme Court on the issue of a right to abortion, expressed in previous court decisions, is analyzed, as well as medical and financial measures taken by states to guarantee the access to safe abortion. The norms of new legislative acts of the American states that significantly limit the possibility of abortion are also discussed. The main conclusion of the article is that the change of the US Supreme Court position regarding the right to abortion and the states’ interest to interfere can be legally and historically justified.

This article is devoted to debatable issues of qualification of hooliganism. The author analyzes the changes made to Article 213 of the Criminal Code of the Russian Federation, which regulates responsibility for hooliganism, and the practice of its application. The article deals with the problem of distinguishing between hooliganism and crimes committed out of hooligan motives: the author comes to the conclusion that these crimes are distinguished according to the signs of the objective side. The article also touches upon the problem of qualification of hooliganism committed with the use of violence in conjunction with crimes against health: the author comes to the conclusion that when solving this problem, it is necessary to be guided by the rule of competition between the part and the whole. In accordance with this rule, the norm providing for criminal liability for hooliganism covers beatings and intentional infliction of minor bodily harm, therefore, the relevant articles of the Criminal Code of the Russian Federation should not be imputed in conjunction with Article 213 of the Criminal Code of the Russian Federation. The article analyzes the problem of distinguishing between hooliganism on railway, sea, inland water or air transport, as well as on any other public transport (paragraph 1 of article 213 of the Criminal Code of the Russian Federation) and actions committed out of hooligan motives that threaten safety operation of vehicles (Article 267.1 of the Criminal Code of the Russian Federation). The author comes to the conclusion that the main problems associated with the qualification of hooliganism are caused by legislative errors in the construction of this criminal law norm.

The article deals with issues related to the legal nature and ethical component of the institute of de minimis infractions provided for in Part 2 of Article 14 of the Criminal Code of the Russian Federation. Using Russian and foreign philosophical and legal concepts, the author substantiates the conclusion about the close connection between de minimis infractions and the Roman natural law maxim summum jus, summa injuria (“The rigor or height of law is the height of wrong”). It is noted that the essence of the institute of de minimis infractions consists in the refusal of the law-enforcer to implement criminal repression in order to achieve the requirements of justice of a particular case, contrary to the strict prescription of the norm provided by the article of the Special Part of the criminal law. On the basis of the analysis of practice of Russian courts in criminal cases, the article demonstrates that the mechanism established by part 2 of article 14 of the Criminal Code is applied in case of conflict between standards of morality and criminal-law prohibitions. In order to overcome this conflict, the law-enforcer analyses the act for the presence or absence in it of a sign of public danger, i.e. actually assesses the legitimacy of criminalization of an act in a particular case, in other words, the law-enforcer acts as if he were the legislator.

The article analyzes the peculiarity of the violation of sanitary and epidemiological rules in the metropolis in the criminal law context. Various approaches to the concept of “megapolis” in the context of the Russian legal reality are considered through the allocation of its properties and features, as well as differentiation with the term “agglomeration”. The “criminological paradoxes” of crime in a megalopolis are deduced, among which the highest possible rates with relatively low relative crime rates and a reduction in crime when its limit is reached, and the reasons for their occurrence are called. Examples of application in judicial practice in the period from 2011 to 2022 of Article 236 of the Criminal Code of the Russian Federation are given, in particular, focusing on the crime scene to identify the features of the geography of violations of sanitary and epidemiological rules. The specifics of responsibility in establishing violations of sanitary and epidemiological rules in the legislation of the Russian Federation, presented not only by the Criminal Code of the Russian Federation, but also by the Administrative Code of the Russian Federation and the subjects of the Russian Federation, are noted. The article analyzes the practice of bringing to criminal responsibility for committing violations of sanitary and epidemiological rules of persons with a new coronavirus infection COVID-19. Based on the decisions of law enforcement, the authors conclude that violations of sanitary and epidemiological rules are more and more often committed in small towns and villages, and the violations themselves are mostly established in the field of catering.