Gosudarstvo i pravo

In the article a general theoretical analysis of legal co-creation and a brief description of the methodological foundations of its research are given. For the most comprehensive consideration of legal co-creation, it is proposed to use such resources of dialectical logic as “paired categories”, not only systemic (within the category of “legal system”) and complex (within the category of “socio-legal life”), but also cultural approach, as well as a number of other methods (in particular, sociological, historical, statistical, comparative law and formal law). Due to the fact that legal co-creation in modern society (following socio-legal life) is developing and becoming more complicated, it is concluded that further research is necessary, which will ensure: firstly, its more complete knowledge and prediction of consequences, secondly, the development of effective incentive measures that encourage stakeholders actively implement this process; thirdly, strengthening of counteraction to the factors hindering cooperation in the law-making sphere.

The article analyzes and evaluates the type of legal consciousness, which in the domestic literature has been defined and is defined as professional legal consciousness, which, according to the author, must meet the following requirements: it is enough to know the current legislation applied in practice, respectful attitude to law and how consequence, the ability to apply the law, making effective and legal decisions. Emphasizing that it would be illogical to reduce into one type of carriers of professional legal consciousness those officials who carry out their professional activities on the basis of the law, respecting the law, and those law enforcers who commit offenses and even crimes, while showing a negative attitude towards the law, the position is substantiated, according to which the analyzed type of legal consciousness is considered as an ideal theoretical model and defined as practical legal consciousness.

The article analyzes the dispute over the issues of state governance between one of the most striking and controversial figures in Russian history, Ivan the Terrible, and the boyar Andrey Kurbsky. It is shown that Ivan IV’s political views were largely determined by his personal qualities. According to his views, the tsar is responsible only to God, his subjects cannot discuss his orders, and he bears no responsibility to them. Andrey Kurbsky, on the contrary, defended the state order based not on the personal discretion of the ruler, but on the participation of the boyar council in governance – the “synclitus”. The ideological component of the dispute, reflected in Kurbsky’s messages, consisted in the very fact of protest against the policy of autocratic power.

The article discusses the impact of the global crisis of representative democracy and liberal capitalism on the renewal of the constitutional system of the Russian Federation, the formation of a state of social solidarity. In this process, civil self-government is becoming the most promising form of social self-organization of the Russian people, based on universal political equality of citizens. The right of the people to a national ideology, direct political communication of citizens and everyone’s participation in the governance of the State creates a modern basis for its unity and sovereignty. Social solidarity as a national idea, a constitutional principle and the basis of democracy, acquires a practical sound and presupposes Russia’s transition to a new level of popular support. The renewal of Russian statehood is a key condition for its survival.

The article provides a detailed analysis of the provisions of the Resolution of the Constitutional Court of the Russian Federation No. 49-P dated October 31, 2024, which resolved the issue of the possibility of applying the general limitation periods established by the Civil Code of the Russian Federation to the prosecutor’s “anti-corruption claims” for the seizure of property, the legality of the acquisition of which the official could not confirm: The Constitutional Court of the Russian Federation ruled that the above-mentioned deadlines for such claims are not applicable. Attention is paid to the legal nature of the seizure of the specified property, as well as to the mechanisms ensuring the protection of the rights of its bona fide purchasers. Further steps are proposed to strengthen the anti-corruption measures applied in Russia.

When conflicts involving armed force occur in the world and within countries, the interest of the scientific and pedagogical communities in their causes, nature, subject composition, functions and consequences grows. The popularity of studies of legal norms regulating the use of military (armed) force at the domestic and international levels is also increasing. The recent surge in military-legal research is no coincidence, a clear objectification of which was the appearance of a three-volume (the third volume in two books) monograph “Military Law” under the auspices of the Institute of State and Law of the Russian Academy of Sciences. The work on the conceptualization of the historical-legal, theoretical-systemic and international-legal aspects of Military Law was carried out by a large team of well-known and young researchers. At the same time, the generalization of a wide array of military-legal knowledge, the demarcation of Military Law as a branch of law, the disclosure of its systemic and functional characteristics made it possible to generalize historical and modern ideas about Military Law. Based on volumes I and II of the monograph published in 2021, the textbook “Military Law” was published, which has a fundamental theoretical basis and is based on an empirical array of reliable data. The article formulates an assessment of the textbook “Military Law”, proposes the main directions for its implementation in the educational activities of military educational organizations of higher education, military training centers of universities and legal training in the troops (forces). The importance of the textbook for the military-legal specialization of the specialty “Legal support of national security”, as well as other legal specialties of higher education is noted. It is indicated that the textbook is not only an effective pedagogical tool for the formation and development of military-legal knowledge, but also serves as a guide for the organization of research work and legal support for the activities of military units (formations, organizations, institutions).

The recognition of different forms of property by the Constitution of the Russian Federation means that public property, and above all federal property, cannot be modeled on private property. Each form of ownership is regulated by all types of legislation; the Civil Code of the Russian Federation is considered only a relevant law. In federal property, property of constituent entities of the Russian Federation, and municipal property, traditional rights (triad) belonging to the owner and the powers to manage and dispose, respectively, of state authorities or local self-government are differentiated. Each form of ownership in the Civil Code of the Russian Federation must be regulated specifically, establishing special grounds for the emergence and termination of ownership rights, features of ownership, use and disposal of all forms of ownership and powers of management and disposal for public property, as well as the composition of public, primarily federal, property and types of property that can only be in state and municipal ownership. Particular attention should be paid to the types of property that are necessary to ensure the defense of the country and the security of the state.

The paper examines the shortcomings of legal techniques (legal uncertainty, legal gaps, lack of specification of legal norms) in the establishment of protection zones for especially protected natural territories (hereinafter – SPNT). The definition of protection zones for SPNT is formulated, and their role in preserving the latter is demonstrated. The need for mandatory creation of protection zones for all categories of federal, regional, and local SPNTs is justified, not only around state nature reserves, national parks, natural parks, and nature monuments. The absence or delayed establishment of protection zones for many regional nature parks and nature monuments of regional importance is identified. Features of imperativeness in their establishment emerged at the end of 2013, as well as the reasons for the current situation (uncertainty about the deadline for establishment, lack of specification of legal norms regarding the moment when the obligation to develop a decision on establishing a protection zone for regional SPNT arises, special procedures for establishing protection zones for border SPNTs of regional and local importance, as well as the possibility of establishing a single protection zone for closely located SPNTs). Taking into account the judicial practice, recommendations for amending the legislation on the establishment of protection zones for SPNT are formulated.

The article is devoted of the formation and development of the theory of financial legal relations. The purpose of the study is to analyze the historiographic and dogmatic aspects of the formation and development of financial legal relations, to study the mechanism of their implementation, as well as to determine the main directions of development of the theory of financial legal relations, taking into account the peculiarities of the socio-economic development of the state and the established type of legal understanding. In historical retrospect, the development of the concept of financial legal relations in Russia is considered. It is established that the expansion of the subject of financial law affects the concept of financial legal relations. The study of the concept of financial legal relations allows us to understand the essence of public law and closely related private-law relations, to identify patterns of influence of the historiographic model of political and legal knowledge about financial legal relations on the conceptualization of the forms and means of the modern system of financial and legal regulation.

The article analyzes the historiographical aspects of the development of a new scientific field at the Institute of State and Law of the Russian Academy of Sciences and the Scientific School of Information Law, as well as the development of research on legal issues of national and international information security. The priorities of the development of Information Law in the context of new challenges, the expansion of the legal dimension and the goals of Russia’s development in the light of ensuring its national sovereignty in the information sphere, cybersecurity and countering cybercrime are investigated. All this is conditioned by the need to solve strategic tasks of ensuring national and international information security as one of the priorities of state policy in the information sphere. In this regard, the importance of information and legal support for the new national project “Data Economics and Digital Transformation of the State” was noted.

The development of the doctrine of Russian Information Law as a public-law (state-legal) branch (law, legislation and science) today is determined by the goals of Russia’s development, the need for legal support for national sovereignty in the information sphere in the context of digital transformation. Information Law is considered by the authors as a basic branch for the development of legal regulation of new information relations, information (digital) spaces, as well as countering modern information challenges and threats to the state, society and citizens. The features and problems of legal support of information sovereignty and information security of the Russian Federation are investigated. The importance of codification of information legislation is substantiated and the problems associated with the development of codes necessary to streamline information legislation, including in order to achieve information sovereignty of the Russian Federation, the development of the data economy and the digital transformation of the state, are considered.

Based on the analysis of the state and development of the science of Information Law at the Institute of State and Law of the Russian Academy of Sciences, the role of the Information Law and international information security sector in the development of the theoretical model of the Information Code and the assessment of the problems of developing a Digital Code is substantiated.

The article notes, that many disputes between States lead to conflict relations and even armed clashes between them. Therefore, peaceful dispute resolution bodies often play an important role in conflict prevention and thus in ensuring international security. The International Court of Justice of the United Nations has another important function – by resolving disputes between States over the interpretation of certain international legal concepts, this court promotes the introduction of a common interpretation, that is, bringing states to common positions. The decisions in several controversial cases and the advisory opinions of the Court show that in matters of aggression or the unlawful use of force, the Court sometimes does not fully rely on current and recognized international law.

The article gives a brief biography of Ivan Egorovich Neumann, the founder of the historical school of Russian Criminal Law, reveals his criminal law views and characterizes the scientific heritage of his students at the Imperial Kazan University of N. M. Alekhin, E. P. Manasein and E. V. Wrangel.

The article presents a report on the International Scientific Conference “Modern constitutionalism: multidimensional of perception” held on June 19, 2024 at the Institute of State and Law of the Russian Academy of Sciences. Representatives of leading scientific institutions and universities of Russia, as well as researchers from Belarus, Uzbekistan and Vietnam took part in it. They discussed a wide range of problems faced by modern constitutionalism, which has to respond to current civilizational challenges. The spread of constitutionalism to new spheres of relations and regions of the world leads to the emergence of its new interpretations. The subject of discussion was their correlation with classical notions of constitutionalism and its regulatory potential.

The article presents a review of the monograph “Legal regulation of atypical forms of employment in the context of digitalization and regional integration”, devoted to one of the most controversial and relevant problems in the theory and practice of legal regulation of labor. The reviewer introduces readers to the main provisions and conclusions contained in the seven chapters of the monograph, while expressing some of his thoughts and wishes regarding the theoretical aspects of atypical, non-standard and informal employment, the historical genesis and trends of their legal regulation in general, as well as individual types of remote, platform, part-time employment and on-call work that are most dynamically replacing classical labor relations. The review draws attention to the comprehensive nature of the study undertaken by a small Belarusian-Russian team of authors, its unconditional theoretical significance and extreme practical relevance for Russia, Belarus, member States of the EAEU, the CIS and other interstate entities in the context of hybrid legal regimes and for the long term.