Articles

The paper highlights the publication of the first comprehensive edition on the history of domestic consitutional justice. An attempt to reconstruct the prehistory of domestic constitutional normative control supported by a profound source base is one of the values of the retrospection section (until 2001). The paper marks two opposite interpretations of constitutional control — constitutional (value-based) and functional (pragmatic). The ambivalent understanding of the nature of constitutional jurisdiction results in groundless, both conceptually and empirically, reproaches of constitutional justice for politicization. The chapters on the current stage provide both less properly justified and contradictory theses than those expressed in retrospection section chapters. Lack of strength of the expressed arguments adversely affect the methodological integrity and conceptual unity of the entire text.

The article is about the organizational basis of the innovative scientific and technological centers activity (ISTC) and its legal forms: 1) the organizational structure of the ISTC established in the law; 2) organizational relationship between persons involved in the project implementation, defining as a person’s special legal status depending on the ISTC management company’s decision (either on granting the status of a project participant to a legal entity, or on concluding an agreement on the implementation of scientific and technological activities with a person without the project participant status). The author, considering the elements of management in the ISTC organizational structure, concludes that there are differences in management relations in the ISTC and in a corporation. The article defines features of the ISTC management system and management subjects’ legal status: the management company — a joint-stock company endowed with public legal powers and carrying out general management of the ISTC activities, and the fund — a non-profit organization that acts as the owner or tenant of the property, which is part of the ISTC, as well as making strategic decisions on the ISTC creation and functioning. Analyzing the organizational relationship, the author highlights the legal consequences of the organizational relationship existence between the persons involved in the project implementation.

Fundamental changes in the social and state system after the revolutionary events of 1917 initiated a series of large-scale changes in social relations and legal institutions, which could not but affect the penal system inherited by Soviet Russia from the Russian Empire. In the first months after the establishment of Soviet power, continuity with the pre-revolutionary order of organizing places of detention was maintained, subsequently, as Soviet legislation developed and the penitentiary system was reformed, the Soviet penal system began to acquire its own characteristic features. The article analyzes the conditions and processes of formation and formation of the penitentiary system of the Soviet state with the involvement of archival materials, legal acts and scientific works, examines their organizational structure, the composition of the governing bodies and their interdepartmental struggle, as well as the types of places of detention, conditions of detention, rights and duties of prisoners. The relevance of the study of the Soviet system of execution of punishments lies in the consideration of the contradictions of its development in the light, on the one hand, of the features of the historically revolutionary character inherent in these events, and on the other hand, the identified need to inherit some of the institutions of this system that existed under previous governments. In the current conditions of the ongoing reorganization of the correctional system after the collapse of the USSR, taking into account such experience can also be relevant and useful for further reforms.

The article presents the problematic issues of anti-corruption regulation to prevent conflicts of interest when a former state and municipal employee is engaged in activities carried out for remuneration as a member of a collegial body of management or control of legal entities. The author points out the gaps in the anti-corruption legislation in terms of the lack of any control procedures in order to prevent a possible conflict of interest when nominating as a candidate and electing a former state or municipal employee to the management or control bodies of a business entity, in respect of which during his official activities exercised certain functions of state, municipal (administrative) management, including control or supervision, and receiving remuneration for work in such bodies of a business entity. An analysis of the risks of a conflict of public and private interests with the participation of former state or municipal employees in the management and control bodies of commercial and non-profit organizations is given. Possible solutions to this problem are proposed on the basis of the current system of the procedure for resolving a possible conflict of interest when concluding an employment contract or a civil law contract for the performance of work (services) with a former state or municipal employee, taking into account the specifics of corporate relations in business entities.

In recent years, the process of giving the heads of the constituent entities of the Russian Federation additional powers to overcome the consequences of emergency situations (such as the pandemic of the new coronavirus infection COVID‑19 or the introduction of illegal (“sanctions”) restrictive economic measures against the Russian Federation) has been actively developing. This allotment, in particular, was carried out by Presidential Ukases No. 239 of April 2, 2020 and No. 121 of March 16, 2022. The author believes that the trend indicated by them is a new one in the development of Russian federalism. At the same time, it should be noted that the measures taken in 2022 to ensure socio-economic stability were not limited to expanding the rights of the heads of the subjects of the Russian Federation, but also provided for a number of other measures that change the design of the system of relations between the federal center and the subjects of the Russian Federation. The article analyzes the content of the above-mentioned measures and activities from the perspective of the theory of state functions, they are regarded as manifestations of the dynamics of the federal function of the state.

The relevance of this study lies in the fact that, despite many years of research on the relationship between man and the state, problems in this part continue to persist, a panacea for establishing a complete understanding between these actors has not been found. This article is an attempt to answer some questions through the prism of the analysis of the constitutional and legal status of subjects based on the author’s theory of their relationship. This work is devoted to the study of the constitutional and legal status of a person, the state as a whole, the Russian Federation and state bodies from the standpoint of the theory of the correlation of subjects of law developed by the author, the essence of which is to establish and study absolutely all relations of subjects, including ineffective influence by virtue of powers, rights or duties that do not involve active actions, for subsequent legal regulation and accounting of what is really happening in life. In the preparation of this material, methods of analysis and synthesis were mainly used, since in order to consider the connections between the subjects, it was necessary to study each of them separately in order to come to the desired conclusions after the subsequent unification. A large volume of the invoice is taken from the scientific literature, in connection with which it is obvious to use the method of expert assessments. The result of the work done is to establish the true position of the subjects listed above in the system of their relationship with each other, which can be the basis for subsequent management decisions, the transformation of constitutional and legal regulation or further research by scientists interested in similar issues.

The article analyzes the tasks of reforming the Constitution of the Russian Federation, which, according to the author, can be solved only with the adoption of the new Basic Law of the country. In this case, the following prerequisites should become key: economic reforms; certainty in terms of ideological foundations; improvement of the public authority system; improvement of the system of public authority; securing the fundamental rights and freedoms of citizens, the foundations of civil society and the institutions of direct democracy; reflecting the tasks of the country’s territorial organization; regulation of the law enforcement system. The new text of the Constitution should take into account most of the novelties of the 2020 constitutional reform. But since, according to the existing procedure, it is impossible to amend chapters 1, 2, 9 of the Basic Law and many innovations are reflected in other chapters, therefore, when creating a new text, itis necessary to clearly follow the logic of constitutional regulation.

The consistent autonomization of Russia through the mediation of the People’s Commissariat for Nationalities (hereinafter the Commissariat, People’s Commissariat or Narcomnats) offered priceless experience by 1924 in creating a unique form of the Soviet state unity and a reason for come back to its analysis in 2022. The active transformation of Russian Unitarianism entailed the enrichment of Soviet positive law: in January 1918, the Soviet government provided legal guarantees to the people to engage in «law-making». While systematizing the accumulated material the idea of writing a federal code appeared. The existing state entities needed, in addition to the Constitution, a different legal basis for development. The world’s first federal Code could bring legal certainty to the organization of the form of the state unity, which would give predictability of state development and, of course, greater security. The whole world could see that the RSFSR had become a guarantor of political stability. The Code could make it possible to combine the free “law-making” of people in the choice of autonomy with the state regulation of this process.

The research is oriented towards the study of basic issues concerning the correlation between information and communication technologies (ICT) in the national justice and traditional grounds of its administration. The author researches the effects of implementing information technologies into justice from the viewpoint of constitutional legal status and its correspondence with the procedural status of a trial participant. The transformation of justice in the context of digitalization from the viewpoint of its availability to interested parties is being analyzed. 

The article also defines issues with the implementation of traditional adjudication principles in the Russian Federation. The researcher draws attention to the lack of a unified approach to the implementation of information technologies in procedural legislation and legislation on judicial organization. The science article reveals in detail legal regulation in the sphere under consideration as well as certain doctrinal approaches, analyzes materials of court practice, provides reasoning for the viable development of uniform alteration of procedural legislation and legislation on judicial organization in the field of “digital” justice development. A number of suggestions and conclusions over the correlation between technologization and traditional grounds in the modern system of justice is made. 

The author proposes for the development of the judicial law concept as one of the mechanisms for upgrading relevant legislation in the sphere in question.

For a long time, the Russian Federation has held the title of one of the leading space powers. However, space activities in Russia are associated exclusively with the activities of the state corporation, and the space activities of private companies are usually not considered due to their insignificance. The aim of the article is to analyze the legal regime of space activities in Russian legislation. This article examines the issues of the presence in the Russian legal system of norms favorable to entrepreneurial space activities. The author sees the problem in the incorrect perception of the term “commercialization” by the legislator. The paradox of the absence of competitive Russian entrepreneurs on the world and the Russian space markets is considered. The reasons for the lack of understanding of the necessity and non-acceptance of norms aimed at stimulating competitive commercial space activities are revealed. The author analyzes two draft laws “On entrepreneurial activities in the exploration and use of outer space” (1999) and “On remote sensing of the Earth from space” (2021). An analogy is drawn with measures to stimulate space entrepreneurship abroad. An example of developing commercialization of commercial activities in the US legislation is given. The author describes the absence in the Russian legislation of the possibility for public-private partnership and concession in relation to space technology and its infrastructure. The analysis presented in this article allows us to conclude that there are no legal institutions that stimulate, encourage and support the space industry entrepreneurs in the Russian legislation.