Articles

This article provides a comprehensive analysis of the institution of habeas corpus in Argentine law, tracing its historical origins and examining its modern regulatory framework. The evolution of this legal mechanism is explored through the lens of constitutional reforms, including its incorporation into the Argentine Constitution and adaptation to contemporary legal realities. Special attention is given to judicial practice and various forms of habeas corpus: hábeas corpus reparador (traditional), hábeas corpus preventivo (preventive), hábeas corpus restringido (restricted), hábeas corpus de pronto despacho (expedited release), hábeas corpus correctivo (corrective), and hábeas corpus colectivo (collective). Their specific features, scope of application, and effectiveness in protecting physical freedoms, human rights, and dignity are analyzed. The study highlights the role of habeas corpus as a legal safeguard capable of promptly addressing unlawful detentions, deteriorating detention conditions, and enforced disappearances. Key rulings of the Argentine Supreme Court and international legal instruments influencing the interpretation of this constitutional guarantee are also examined. Special focus is placed on Argentine legislation in comparison with international practice, allowing an assessment of its relevance and effectiveness. The article concludes that strengthening and further developing habeas corpus is crucial for upholding the rule of law in a democratic state, along with the need to refine its implementation mechanisms in response to contemporary challenges.

The national motto is one of the symbols of state sovereignty, along with the anthem, flag, coat of arms, etc. In this capacity, the motto performs ideological and political functions, demonstrating the national idea and determining state policy. But in addition to this, a national motto can also have important legal significance, serving as one of the criteria for respecting human rights and freedoms. The motto of modern France, “Liberty, equality, fraternity,” is an interesting example of normative prescriptions that give rise to legal consequences. The French national motto arose during the revolution of 1789. Throughout the 19th century it gradually took root in the public consciousness, eventually becoming the official symbol of the Republic in 1880. Since the emergence of the Constitutional Council in France (in 1959), the principles of the motto have been consistently interpreted through the practice of constitutional normative control. The principle of freedom is understood as the state’s non-interference in the private lives of citizens and at the same time as its duty to create conditions for the realization of their rights. The principle of equality is also revealed in two aspects: as the prohibition of discrimination and as the equality of all citizens before the law. The principle of fraternity received a constitutional interpretation in 2018. It means the highest solidarity and mutual assistance between people. Thus decisions of the Constitutional Council turned the solemn words of the national motto into legal norms. Today the motto is part of the French constitutional block; the laws of parliament must comply with the principles of freedom, equality and fraternity. 

The presented article uses historical, analytical, dialectical, comparative and dogmatic methods. Using the example of France, the author shows the legal nature of the national motto, its role and significance in the mechanism for the protection of human rights and freedoms. France’s experience in constitutionalizing state symbols can be taken into account in Russia, where there is no national motto nowadays.

The metaverse is a large-scale network of virtual worlds that operate in real time, merging physical and digital space through the convergence of Internet and web technologies. Since the metaverse is a new object from a legal point of view, legal science has not developed a specific method for studying its legal nature. . Understanding of a legal nature would make it possible to determine which legal rules should be applied to it. The methodology of legal nature research is necessary to create scientifically based and stable regulations, as well as to understand the essence of the object under study. After analysing the existing theoretical approaches to the study of legal nature, it was concluded that this category is controversial in legal scholarship: there is no unified understanding of what it is and what its definition means for previously non-existent objects. Emergence of new objects of law brings with it certain adjustments to the very concepts of what constitutes legal nature. The proposed process of legal nature research involves three steps: first, defining the essence of the object (in this case, the metaverse); secondly, the identification of potentially similar objects; thirdly, searching for similarities and differences of the objects being compared. Depending on the results obtained, we can come to a conclusion about the similarity or, on the contrary, the specificity of the legal nature of the object under study.

The subject of the study is the issue of correlation between illegality and abuse of right. Such aspects of illegal behaviour as violation of general principles of law and legal obligations are considered. Various doctrinal concepts and views on the abuse of right and its illegality, as well as approaches of judicial practice to this issue are analysed. 

As a result, it was established that the abuse of right is always illegal, in view of which the concept of so-called «legal abuse of right» cannot exist, because it is not a legal, but a philosophical category. From the legal point of view «legal abuse of right» is nothing more than the exercise of right, and therefore any reasoning about it is devoid of practical sense, while in the violation of the obligation not to use the right with the exclusive purpose of causing harm to others and lies the wrongfulness of the abuse of right. 

The article also considers the essence of wrongfulness as a violation of general legal principles and legal duties, from which the author concludes that any concepts claiming to substantiate the essence of wrongfulness with the help of any type of legal understanding are untenable. Otherwise, there will remain logical contradictions, as well as gaps in legal regulation that have not been filled.

The question stated in the title of the article is posed against the background of the opinion taking root in criminal jurisprudence about the redundancy of substantiation of the philosophy of criminal law in connection with the presence and mass recognition in humanitarian knowledge of two independent and self — sufficient philosophies — “philosophy of crime” and “philosophy of punishment”. Verification of this judgment revealed the absence of the considered “philosophies” of their own genesis and rational grounds. Their appearance followed after in the XVIII–XIX centuries. criminologists convinced themselves that crime and punishment constitute the basic concepts of criminal law and exhaust its content. Despite a different paradigm of worldview, philosophers, sociologists and historians have followed the path of “crime and punishment”. Within the framework of the newly emerged philosophies, some began to search for the best places to treat a person from criminal vices, while others described the mechanisms of deviant behavior. An excursion into history also helped to reveal the non-philosophical origin of the so-called criminal philosophies. Systemic philosophers who have been engaged in understanding being as a whole have no relation to the “philosophies” under study. The copyrights to them belong to industry lawyers and their followers, who are used to thinking about the world around them through a terminological series limited by the “crime — punishment” paradigm. The experimental hacking of the mentioned ideas made it possible to reveal that the philosophy of crime is a meaningless alogism, and the philosophy of punishment can only correspond to the teleology of the instrument. These “philosophies” give legal science no more than what is already available in a self-sufficient volume in branch disciplines. Philosophy, of course, participates in the discussion of such vital issues as crime and punishment. But the questions themselves cannot claim to form separate disciplines because of their fragmentation and extraction from a more integral education. Philosophy appears there and then, when there is a need to think in the format of the entire universe and search for a person in need of law in it.

The problem of climate change worries many, which leads to the search for ways to influence the policies and measures taken by States in this area. Over the past two decades, legal issues related to climate change have been put before international justice authorities, especially in the field of human rights protection. States are not ready to transfer such a sensitive issue to the jurisdiction of international bodies, while the latter are trying to resolve the issue of the degree of their participation in this political process and maintain a balance of interests. For the first time, the European Court of Human Rights resolved the “climate” dispute in favor of the applicant, at the same time significantly modernized its environmental practice and tried to create a legal basis not only for its own use. However, this energy of the Court leads to the formation of an independent legal regime in international human rights bodies with regard to climate change mitigation and adaptation to climate change, which comes into some contradiction with the principles of international cooperation between States carried out within the framework of the United Nations Framework Convention on Climate Change of 1992 and related documents.

The position on national laws as attribute of state sovereignty being resorted to in the course of arbitration, judicial other jurisdictional activities in new legal and political realities is outlined in this article. The results of foreign colleagues’ work must be controlled with sanctions as far as possible in form of non-recognition of overseas law enforcement acts. But the events and drama of life, the emerging legal understanding reveal new facets of fundamental legal concepts and institutions. This once again shows the living and developing content of international law, international private law, creating new opportunities to respond to emerging issues that require systemic resolution. Such a constant and rich phenomenon of unceasing economic life as international communication of subjects and persons of various jurisdictions is undergoing changes. Someone will say evolution, but one can also use the word “development” here, in view of the more active performance of sovereign functions by states, mainly involved in the well-known imposed international confrontation.

The review contains multiple characteristics of the recently published monograph by A. A. Linetz “Labor Law and Economics”. The issues covered in the book under review cover a wide range of labor legal issues in the context of building a digital economy: gig employment, work through digital labor platforms, transformation of labor relations, the role of the state and social partners in this process.

The conference review offers views on law that are widespread in our theoretical and legal science. It points out the outstanding role of the founder of German classical philosophy I. Kant in the formation of the philosophy of law. His idea of the categorical imperative is aimed at creating a model of a legal state, where a person is declared not only a means, but also an end. Kant is one of those who formed the metaphysical philosophy of law, i. e. a branch of knowledge that creates semantic models in the world of political and legal reality. The review discusses Kant’s influence on Russian and European philosophy of law, the significance of his ideas for modern times. In the second half of the 19th century, five or six neo-Kantian schools appeared (the largest are Baden and Marburg), where original concepts of the philosophy of law were created on the basis of Kant’s epistemology and ethics. In the 90s of the 19th century in Germany and in Russia, under the slogan “Back to Kant!” a school of revived natural law was formed, the purpose of which was to proclaim the eternal value of the individual and thus put an obstacle to class struggle and the coming revolution. Revolutionary Marxism was opposed by ethical socialism and the idea of a legal social state, which seems relevant in our historical era. The appeal to the ideas of Kant also meant a turn towards idealism and religion, which gave a new impetus to the development of the philosophy of law.

The article reveals the main problems and prospects of the activities of Scientific Advisory Councils in the Russian Federation. Scientific Advisory Councils have a special ability to organize real effective interaction between law enforcement and the scientific community through common systemic work that has real socially useful results. It seems that effectively and correctly organized activities of Scientific Advisory Councils are the place where the truth is born. The activities of Scientific Advisory Councils are also distinguished by the ability not only to identify problematic issues of law enforcement, but also to form uniformity in judicial practice. The main problem in the activities of Scientific Advisory Councils in the Russian Federation is the lack of a uniform procedure for organizing their activities, as well as the ineffectiveness of using the existing potential of Scientific Advisory Councils. The work analyzes the best practices of using the institution of Scientific Advisory Councils in the system of arbitration courts of the Russian Federation. The author notes that the highest bodies of legislative, executive or judicial power are not always able to independently detect legal conflicts and problems. The existing problems of law enforcement mostly arise for law enforcement officers at the local level. The effective activity of the Scientific Advisory Councils allows formulating a uniform approach to the application of legal norms in those situations for which the law enforcement officer has developed different practices. In addition, the article substantiates the need to develop and improve the institute of Scientific Advisory Councils in the Russian Federation.