编号 6 (2025)

The article examines the problems of socially responsible behavior that imparts sustainability and stability to the functioning and development of modern state and legal systems. The author focuses on the relevance and appropriateness of using concepts and categories in theoretical state and legal studies that most specifically reflect the qualitative characteristics of interactions between individuals, society and the state (states) through the study of their behavioral models established and adjusted in accordance with the state and law. The behavioral paradigm in understanding and explaining the ongoing modifications of social relations is conceptualized in the scientific space of knowledge of social, including legal, responsibility at the micro level (individual behavior), macro level (collective behavior of subjects of legal relations) and mega level (state and interstate behavior), together giving ideas about the increasing role and importance of socially responsible behavior as a factor in maintaining the stability of state and legal systems. In the format of legal and state genesis, anthroposociogenesis, transformations and development of state-legal thinking, the problems of consensus and balance of interests of the individual, society and the state (states), as well as their socially responsible behavior, acquire new scientific contours of socio-humanitarian, including state-legal research, for the future (upcoming and long-term).

The article characterizes confession as an absolute mystery, attempts to critically analyze its definitions available in the literature, shows the main stages of the formation and development of this institution, its regulation by Russian legislation and the prescriptions of the Christian Church, in particular the Nomocanon (as amended in 1639), the Foundations of the social concept of the Russian Orthodox Church, adopted at the jubilee Episcopal the Council of 2000, and the Code of Canon Law, considered issues of secrecy and proposed exceptions to it, as well as criminal law and criminal procedure problems of clergyman’s immunity.

The article offers an analysis of the legal significance of the legal consolidation of the list of traditional Russian spiritual and moral values in the Decree of the President of the Russian Federation dated November 9, 2022, No. 809. The innovation of this fact is noted, since previously the legislation of Russia did not use direct consolidation of moral values or moral postulates. It is concluded that the adoption of this Decree continued the course of legalization of moral ideals, initiated by the constitutional reform of 2020, associated with the search for “national identity” in the context of the globalization of legal systems, aimed at protecting the sovereignty of Russia and strengthening national unity. In terms of the legal consequences of the formalization of traditional values, it is proposed to primarily proceed from the political and moral significance of these values and not to diminish the significance of classical axiological legal structures in the form of the foundations of the constitutional system, specific principles of law already enshrined in the legislation of Russia.

The issues of development and improvement of the constitutional foundations of the status of Russian judges are considered. It is emphasized that the legal component of the status of judges is the totality of their rights, duties and responsibilities, the fundamental basis of which is the relevant constitutional provisions, and the historiographic perspective of this concept considered here contributes to understanding Russian identity, preserving the historical memory of Russian statehood (its judicial component) and ensuring the further development of the mechanism of domestic justice on the basis of justice. Some shortcomings of the mechanism of constitutional responsibility of judges formed after the constitutional innovations of 2020 are indicated, the need to study the vector of development of the mechanism of justice in Russia aimed at its future is justified.

In order to make a reasoned constitutional decision, it is essential not only to accurately interpret the provisions of the Constitution but also to properly determine the parameters of current legal regulations. Without this, it would be impossible to provide an objective assessment of challenged legal norms in terms of their constitutionality. This article examines the disagreements that arise during the process of evaluating the characteristics of reviewed normative provisions. The author analyzes the practice of constitutional review organs and identifies the most common lines of reasoning regarding the quality of regulation. The article focuses on disputes about the regulatory effects, where one party seeks to demonstrate all possible legal restrictions, while the other argues for the benefits and mechanisms that offset these restrictions. In addition, within the context of constitutional discourse, there are often disagreements regarding the true purpose of a challenged regulation and the appropriate methods for determining this purpose. The author discusses whether it is necessary to solely rely on the normative text or to take into account the real motives and circumstances that led to the adoption of the challenged statute, but were not directly related to the lawmaking process. Another question is whether it is necessary to focus exclusively on the consequences of applying the statute’s provisions. The article also examines how inconsistencies in lawmaking affect the constitutionality of regulatory provisions. Furthermore, the author addresses disputes about the nature of a particular normative phenomenon, by which a court can justify the inapplicability of certain constitutional requirements. The article also discusses disagreements regarding the assessment of the legislator’s compliance with the requirements for legal certainty. Finally, the author concludes that these identified disagreements are typical and are associated with common defects in legal regulations.

The article is devoted to the problem of the sufficiency of legal support for the public legal status of the federal territory “Sirius”. The author has analyzed a set of multi-level legal sources that ensure the legitimate functioning of the public authorities of the federal territory “Sirius”. The conclusion is substantiated that the legal acts adopted in the area under study are not always consistent with each other and need to be improved. There is both excessive and insufficient regulation of the organizational and functional characteristics of public authorities and other bodies, and therefore proposals have been formulated to overcome the identified problems.

Minimum social standards represent thresholds for the observance of social rights that cannot be lowered under any circumstances. Their non-compliance is interpreted as a violation of the constitutional principles of the Welfare State and obligations arising from the human right to a decent standard of living. They express the amount of social rights that can be protected by legal means, and it is in this sense that it is “minimal”. The term “minimum standard” is controversial; There are differences in approaches to this concept in international law and in national States. From the point of view of expressing minimum social standards, the concept of minimum basic obligations, developed by the UN Committee on Economic, Social and Cultural Rights, is considered. The prospects for the development of the concept of minimum standards are related to its application as a legal instrument for establishing State responsibility for violations of social rights, which is used in courts of various countries. The article provides examples from the practice of the Constitutional Court of South Africa, the Federal Constitutional Court of Germany, and the Constitutional Court of the Russian Federation, clarifying approaches to minimum social standards in various jurisdictions.

The article examines various technological factors that influence the development of intellectual property law, as well as the mechanism of their impact on the development of legal regulation in the area under consideration. Based on the analysis of intellectual property law, it is concluded that the key factor in the development of intellectual property law is digitalization. Changes associated with digitalization in the field of industrial property concern administrative procedures, but not other elements of legal relations, since the legal protection of industrial property, in principle, is initially focused on taking into account any potential technological changes as much as possible. The main changes have occurred in the field of copyright and related rights: the emergence of new legal entities; creation of new objects; assignment of new rights and powers to authors and other copyright holders; introduction of new restrictions and exceptions; formation of new contractual structures; the emergence of new forms and types of liability for violation of copyright and related rights. To solve the problem of paying remuneration to copyright holders for the use of their works by artificial intelligence systems, it is proposed to create a National Data Bank for the development of artificial intelligence systems, which would be filled with works at the request of authors and copyright holders, and materials from which could be used for remuneration by developers of generative neural networks and other artificial intelligence systems.

In the article, the authors consider changes in the Russian legislation on labor protection in recent years, the specifics of the legal regulation of labor relations, taking into account the political and socio-economic situation, and make proposals for improving the provisions of the Labor Code of the Russian Federation. In addition to the two existing principles, it is proposed to add two more principles of the institution of labor protection – consistency and continuity of legal regulation. An analysis is made of such a direction of state policy in the field of labor protection as the creation of conditions for the formation of a healthy lifestyle for workers. Proposals are made to improve the procedure for accounting and considering the circumstances and causes of microdamages and microtraumas. The directions of development of the system of Russian legislation on labor protection are indicated.

The relations formed in social reality, the nature and basis of which are the connections of armed confrontation between states, are primary relations. These relations form and predetermine the character, content and essence of all other connections and relations, which constitute the essence of not the primary “military opposing matter”, but the essence of another, secondary matter, ensuring such confrontation. The connections of the primary matter, which are the relations of military confrontation, are the strongest, most significant, system forming. Within the framework of the relations of military conflict, contradictions between states are resolved. The essential and homogeneous connectedness of the relations and connections of the military conflict, their substantial concentration form the core of military conflicts in the system of military relations of society and the state, and the legal mediation of these relations and connections forms the core of Military Law – the law of military conflicts.

The core of the branch of law is the systemic and structural basis for the independence of the branch in the legal system, acting at the same time as a system-forming factor of all social and legal processes in the systemic and legal formation – in the subject, method, structure of the branch of law. Nuclear processes in legal matter determine the formation of a system of nuclei: in the subject (in Civil Law – these are property relations; in Military Law – the systemic integrity of relations of military conflicts); in the structure of the branch – the core is the key element that determines and influences all legal processes in the branch of law (in Civil Law – this is the right of ownership; in Military Law – the law of military conflicts); in the method – this is a systemic set of means and methods of legal influence on social relations that constitute the subject of the branch, which is a reflection of objective nuclear processes in the branch of law. The core of the branch of law as a legal value is the third, in addition to the subject and method, criterion of branch formation in law, which has a systemic-structural nature. Commonalities of norms are formed in legal matter (secondary in relation to reality, primary matter). It is in the primary social matter that the processes of structuring of legal matter are laid. Nuclear processes in primary matter predetermine nuclear processes, the formation of the core of the branch of law in legal matter.

The article attempts to critically examine the challenges that digital assets and digitalisation bring to “pre-digital” International Investment Law and investor-state dispute settlement system. It is of a research interest to examine how the provisions of the current international investment-treaties (IIAs), with their core epistemology, including the concepts of protected investor/investment the territorial application, can apply to digital space. This viewpoint is explained by the fact that the majority IIAs are “pre-digital” and are, in principle, not designed to address the challenges of the digital era. The argument is advanced that the IIAs’ defined concepts, especially those related to the recent generation of IIAs, can be constructed to include investments in via digital assets, particularly when applying the non-restrictive interpretation of the territorial jurisdiction with regards to such key concepts for the settlement of investment disputes as investment/investor/recipient state. Despite the proposed hypothesis, the author is of the opinion that a prudence is required when introducing digital assets into the new IIAs’ scope of application, as this action gives rise to yet unresolvable conceptual and procedural controversies and may result in a potential increase of disputes at a time when the legitimacy and the efficiency of the existing framework for investor-state dispute settlement and the need for its radical reform remains at the forefront of the agenda of the investment actors.

The article is devoted to law enforcement consequences of inter-branch legal notions in tax legislation through studying the subject to business property tax. The emergence of a law enforcement “collapse” in the collection of business property tax has been justified by legislator’s insufficient attention to the specifics of tax and legal means in the formation of inter-branch legal compositions in taxation. The authors have raised the issue of identifying mechanisms to determine the limits of reception of other law branch norms in the formation of regulatory means for taxation purposes.

This publication is devoted to current scientific and practical issues directly related to the role played by international law and the United Nations in the modern changing world. The thesis that International Law is the fundamental basis on which interstate relations develop is axiomatic. Without recognizing this fundamental provision, it is almost impossible to build any relationships between states. Current International Law is based on the UN Charter. However, over the past thirty years, both International Law and the UN have been subjected to periodic attacks. The author, analyzing the scientific positions of critics of modern International Law and the United Nations, offers a balanced approach to the identified problems, recognizing the inevitability of reforming the UN, which should be carried out in line with the establishment of the supremacy of International Law, with the unconditional preservation of the UN’s generally recognized status as a key center with a coordinating function in the sphere of world politics.

One of the characteristics of Latin American neo-constitutionalism is the promotion of alternative concepts of social development based on traditional indigenous ideas of the harmonious existence of people and nature. These approaches include respect for cultural differences and biodiversity, and the creation of a truly pluralistic state based on the principles of solidarity and participation. The traditional concepts of Pacha mama (Mother Earth or nature) and buen vivir (harmonious life) are enshrined in the constitutive acts and laws of Ecuador and Bolivia, and the legal approaches derived from them apply to the entire population.

The article is devoted to the formation of an effective system of tax and budgetary allocation of VAT, taking into account constitutional provisions that are fundamentally important for this area of relations. As a result of the study of this phenomenon using the example of the largest BRICS countries – China, India, Brazil – possible ways of interaction between the fiscal interests of the state center and the regions have been identified. Their generalization allows us to identify two extreme options: (1) complete regional centralization, in which the main tax and budget decisions are made by the central government; (2) partial regional decentralization, when it is possible to divide tax powers, provide independence in expenses, and create bodies for coordinating legal regulation between the center and the regions. It is concluded that the experience of organizing the fiscal distribution of VAT receipts in the BRICS countries can be productively applied to further improve such distribution as the most important financial and legal regulator of socio-economic development.

The article is devoted to an unusual scientific story, an episode of the scientific biography of Alexander Mikhailovich Ladyzhensky, an outstanding Soviet legal scholar, historian of state and law, legal theorist, and international scholar. He had to defend his thesis twice for the degree of Doctor of Law on the topic “The adats of the highlanders of the North Caucasus”, and both times he defended his thesis successfully. The course and results of the defense were influenced by political and ideological factors, including even Stalin’s own attitude to the topic of the dissertation. The narrative of the first (at the USSR Prosecutor’s Office Law Institute) in 1941 and the second (at the USSR Academy of Sciences, Institute of Law) in 1947 defenses is based on original archival documents studied by the author in eight archival repositories in Moscow and Rostov-on-Don, the vast majority of which are being introduced into scientific circulation for the first time.

The article is devoted to the analysis of doctrinal sources on legal conflicts. The positions of scientists concerning this concept are given. The author considers conflicts in law as a discrepancy between legislative acts and their norms. The elimination of conflicts helps to reduce the level of conflict between the parties and participants of the legal conflict. Among the causes of conflicts the objective (rapid dynamics of social development) and subjective (insufficient level of legal culture of developers of draft acts) are emphasized. Attention is paid to the role of the Law of the Republic of Belarus “On normative legal acts” in providing a legal basis for overcoming conflicts. The questions connected with the procedure and consequences of normative interpretation of legislative acts are considered (about the form of the act of interpretation, about the principle of not giving retroactive effect to the act in the implementation of official interpretation, etc.).

The review notes that I. A. Isaev’s work allows for a deeper understanding of his philosophical and legal ideas, which form an integral image of power and law against the broad background of history. In this philosophical work, power and law are combined into a single composition of historical evolution. The emphasis is on the fact that politics and power, followed by law, cannot always be positioned as a domain of linear causal relationships; behind political and normative structures, there is another world with its own structures and rulers who actually rule over people. This concept is revealed in the work of I. A. Isaev. In the philosophical and legal work under consideration, works belonging to the pen of the most famous thinkers of various periods are widely used, which makes it possible to draw convincing and reasonable conclusions.