Contents of issue # 6/2020

■ STATE AND LAW IN THE MODERN WORLD: PROBLEMS OF THEORY AND HISTORY

Individual and State Security in the Digital Age: Political and Legal Aspect

Ovchinnikov A. I. 

Southern Federal University, Rostov-on-Don 344006, Russian Federation
E-mail: k_fp3@mail.ru

DOI: 10.12737/jrl.2020.064

Abstract. In connection with the developing digital technologies, the state is actively developing and stimulating a program of digitalization and technological modernization of the economy, public administration and regulation. Meanwhile, in the process digitalizing public administration, some risks and challenges to national security (of the individual, society and state) should be considered, as this process is important for the development of legislation and by-laws.
The aim of the article is to identify some negative trends in the state digitalization through the digital globalization, to summarize the results of a study of the impact of global digitalization or digital globalization on the legal support of national security. These trends seriously affect the realization of the right to security within human rights. It becomes especially vulnerable in the context of the emergence of new actors in political and economic relations — transnational corporations, network corporations, the blogosphere. This analysis allows us to highlight the main directions of legal support of national security, which integral part is the digital or information security of the individual in the 21st Century.
The result in this study is that a hypothesis is put forward, where digital globalization creates new opportunities for the economy, but exposes risks to the state, social and individual security to previously unknown risks and challenges. The application of approaches and methods of forecasting, social constructivism, philosophical, legal and systematic analysis of legal support of national security allow us to obtain a result that confirms that digitalization exacerbates structural defects of the domestic system of national security, changes the underlying meanings and ideas, on which the modern state and society are based, transforms the goals of justice and the search for justice when introducing artificial intelligence into law enforcement battening activities.

Keywords: national security, digital society, digital state, digital globalization, digital security, Information Security, artificial intelligence, justice.

For citation: Ovchinnikov A. I. Individual and State Security in the Digital Age: Political and Legal Aspect. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 5—21. DOI: 10.12737/jrl.2020.064 (In Russ.)

Legality and Expediency in Postmodern Society: Revising of the Existing Classical Model

Zaloilo M. V.

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: z-lo@mail.ru

DOI: 10.12737/jrl.2020.065

Abstract. In different years in a particular state, especially in transition periods associated with the change of paradigms of state, social and legal development, the problem of correlation between the principles of legality and expediency becomes more acute. At present, when postmodern society enters the era of the sixth technological order, the legal regulation of public relations under the influence of their dynamics is rapidly updated and transformed, but still has a rather “lagging” character; defects in law remain; the gap in legislation on technological development is stated; there are other kinds of imperfections in the normative legal array. In the current circumstances, the problem of correlation between legality and expediency becomes particularly relevant.
The purpose of this research is to determine the correlation between legality and expediency in modern post-industrial society. In accordance with this goal, through formal-legal, historical, formallogical methods, modeling and forecasting methods, as well as post-classical legal methodology (hermeneutics, synergetics of law), the article analyzes the classical and modern understanding of these principles; the legality and expediency are examined in the aspect of changing of legal cycles and paradigms of legal development; the Constitution of the Russian Federation of 1993 is considered as the basis of legality in the modern Russian state; the characteristics of postmodern society are given; the problems of legal development and advanced law-making in post-industrial society are identified; in the aspect of strengthening of the principle of legality, the constitutional reform that has been carried out in Russia since the beginning of 2020 is analyzed.
Based on the research the author makes conclusions about changes of the role and transformation of the law as the main source of law corresponding to modern realities, the understanding of legality is modeled, and the correlation of this principle with the principle of expediency is predicted in the conditions of updating the normative legal array during the transition to the sixth technological order.

Keywords: legality, legal order, expediency, legal values, constitution, constitutional reform, interpretation of constitution, postmodern, postindustrial society, sixth technological order, fragmentation of legal regulation, gaps.

For citation: Zaloilo M. V. Legality and Expediency in Postmodern Society: Revising of the Existing Classical Model. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 22—37. DOI: 10.12737/jrl.2020.065 (In Russ.)

■ CONSTITUTIONAL AND MUNICIPAL LAW

Legal Mechanisms for Preserving the Ethnocultural Identity of the Peoples of the Russian Federation and the Formation of an All-Russian Civic Identity

Andrichenko L. V.

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: lvandr@mail.ru

DOI: 10.12737/jrl.2020.066

Abstract. The state of interethnic relations is an important indicator of the general political and social stability of the state, the level of existing tolerance in the relations between peoples living on its territory. The state policy of the Russian Federation has always been aimed at preserving the sociocultural characteristics of all the peoples living in it, and this remains one of the priorities of its modern development. At the same time, issues of preserving ethnocultural identity are inextricably linked with another main task, namely, the formation of an all-Russian civic identity. The solution of these problems, which are by no means multidimensional, but systemically determined in nature, is largely determined by the set and content of legal mechanisms, their correct and accurate implementation at each level of public authority.
The purpose of this article is to analyze the existing legal forms of preserving ethnocultural identities that are both territorial and extraterritorial in nature, ensuring the implementation of the main directions of state policy enshrined in the Strategy of State National Policy of the Russian Federation for the period up to 2025, determining their sufficiency and adequacy to the content problems.
Methods: formal-logical, comparative-legal, analysis, synthesis, comparison, generalization.
As a result of the study, both positive aspects and shortcomings of the current level of legal regulation of interethnic relations are shown, some lag of individual legal regulators from modern needs is revealed, and approaches to its elimination are proposed.

Keywords: state national policy, peoples' identity, civic identity, federalism, national-cultural autonomy, ethnic community, indigenous peoples, national languages.

For citation: Andrichenko L. V. Legal Mechanisms for Preserving the Ethnocultural Identity of the Peoples of the Russian Federation and the Formation of an All-Russian Civic Identity. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 38—51. DOI: 10.12737/ jrl.2020.066 (In Russ.)

Interpretation of the Constitution of Russia: Historic and Legal Analysis

Marino I.

Observatory on the Political-Constitutional System of the Russian Federation, Naples, Italy
E-mail: info@osservatoriorussia.it

DOI: 10.12737/jrl.2020.067

Abstract. The article, presented here, is devoted to the specific information, concerning the 1993 Russian Federation Constitution composing historical background and its roots. Having been a scientific legal expert of the consequent events, documents and circumstances, the author of the article tried his best to understand how the 1993 Constitution founders' efforts were justified, how their ideas came true and what was to be done for issuing the perfected constitutional text of the main Russian law. Having made an acquaintance of many lawyers and colleagues in Russia and being able to speak Russian fluently, the author interviewed many of the constitutional process participants. The readers might be interested in finding out previously unavailable data, unattainable protocols and exclusive viewpoints of those times. The article is also dedicated to the comparative legal analysis of the Russian Federation Parliament and the Constitutional Court contributions to the constitutional control over the constitutional provisions regulating validity. Different aspects of their activities in the mentioned sphere and their so-called “mutual competition” in the state power mechanism are considered as well. It is said too, that the constitution reforms, held in Russia now are very perspective and timely. In the article it is noticed, that the creators of the latest Russian Constitution in force were absolutely right and displayed their predictability when they stated, that this Constitution would be existing unchangeably for, approximately, twenty five years.

Keywords: Constitution of the Russian Federation, constitutional reforms, constitutional process, law, Constitutional Court of the Russian Federation, Parliament.

For citation: Marino I. Interpretation of the Constitution of Russia: Historic and Legal Analysis. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 52—78. DOI: 10.12737/ jrl.2020.067 (In Russ.)

■ LABOR LAW AND SOCIAL SECURITY LAW

The Right to Safe Work Considering the Challenges of Scientific and Technological Development of the Russian Federation

Seregina L. V.

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: labour@izak.ru

DOI: 10.12737/jrl.2020.068

Abstract. The Decent Work Concept of the International Labor Organization states that decent work must be safe. If the work is well paid, but it is unsafe, if the person works in conditions of freedom, but at the same time risks health, if the conditions of the labor contract are good, but the work undermines the health and well-being of the person, then such work cannot be considered worthy.
In accordance with Art. 37 of the Constitution of the Russian Federation, everyone has the right to work in conditions that meet the requirements of safety and hygiene. Decree of the President of the Russian Federation “On National Goals and Strategic Tasks of the Development of the Russian Federation for the Period until 2024” among the national development goals of the Russian Federation provides for an increase in life expectancy to 78 years (up to 80 years by 2030). The implementation of the task formulated to reduce the mortality rate and strengthen the reproductive health of the population, formulated in the Concept of Demographic Policy of the Russian Federation for the period until 2025, largely depends on solving problems in the field of labor protection.
The study found that the development of information technology, globalization processes, decentralization and specialization of production and other factors of scientific and technological development determine the need to expand the subject composition, object and content of the right to safe labor. Despite the fact that everyone has the right to safe labor, its implementation is hampered by the lack of proper regulation to ensure occupational safety in atypical forms of employment. In this regard, the author proposes the development and adoption of the federal law “On the Basics of Labor Protection in the Russian Federation”, which should fix general rules for all forms of employment and the requirements for ensuring labor safety.

Keywords: decent work, safe work, the right to safe work, labor protection, labor contract, atypical forms of employment.

For citation: Seregina L. V. The Right to Safe Work Considering the Challenges of Scientific and Technological Development of the Russian Federation. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 79—94. DOI: 10.12737/jrl.2020.068 (In Russ.)

Regulatory Issues in Electing a Rector of a Highest Educational Institution in the Russian Federation

Biryukov S. V.

Dostoevsky Omsk State University, Omsk 644077, Russian Federation
E-mail: svbir@mail.ru

DOI: 10.12737/jrl.2020.069

Abstract. The article analyzes the regulation of the election of heads of higher educational institutions in the Russian Federation. Some legal problems are identified, which are partly related to the assessment of this institute as ineffective (the lack of a General rule defining the categories of universities that use this method of empowering the rector, insufficient regulation of the certification procedure for the post of rector, an alternative basis for elections, uncertainty of the term for electing the head and the term for holding re-elections if necessary, etc.).
The purpose and objectives of the research are to create prerequisites for optimizing the relevant electoral process and formulate proposals for improving legislation, including the Federal law “On Education in the Russian Federation”, by-laws of Executive authorities of the Russian Federation that perform the functions of founders of higher educational institutions, and local regulations of educational organizations that regulate the procedure for electing rectors.
The paper uses comparative legal and formal legal methods, as well as the sociological method of observation.
As a result, such proposals for improving regulation are formulated as fixing the election of rectors as the main way to empower them with an exhaustive list of exceptions, clarifying the grounds for making a decision to recognize a candidate for the position of rector as not having passed certification, norms on the term of office of the rector, fixing separate rules for determining delegates to the conference of employees and students of the University for the election of the rector at the Federal level, setting a deadline for the performance of the rector's duties in the event that the election is declared invalid. They can help improve the effectiveness of elections as a way to empower the head of a University.

Keywords: rector, higher education institution, election of the rector, academic freedom, academic autonomy.

For citation: Biryukov S. V. Regulatory Issues in Electing a Rector of a Highest Educational Institution in the Russian Federation. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 95—105. DOI: 10.12737/jrl.2020.069 (In Russ.)

■ CRIMINAL LAW AND CRIMINOLOGY

Criminal and Legal Influence in the Mechanism of Ensuring Economic Security (Issues and Trends in Legislative Regulation)

Nudel S. L.

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: crim@izak.ru

DOI: 10.12737/jrl.2020.070

Abstract. The article analyzes the current trends of criminal law influence in the mechanism of economic security based on doctrinal approaches to the criminal policymaking.
The purpose of the study is to develop conceptual points of the theory of ensuring economic security through criminal law influence and to prepare a set of scientifically based proposals for improving criminal policy in the interests of ensuring economic security of the Russian Federation.
When implementing this goal, special attention is paid to the issues of criminalization and penalization of socially dangerous acts in the context of ensuring economic security: it is determined that these processes are characterized by different directions. A brief description of the criminal law situation in the field of economic security is given. The most acute problems of criminal-legal influence in the mechanism of ensuring economic security at the legislative level are revealed.
It is concluded that the improvement of the criminal law influence in the mechanism of ensuring economic security should be built in a single set of measures to ensure security, considering national interests, internal and external threats.

Keywords: economic security, criminal policy, crime, criminal impact, criminalization, decriminalization, penalization, depenalization.

For citation: Nudel S.L. Criminal and Legal Influence in the Mechanism of Ensuring Economic Security (Issues and Trends in Legislative Regulation). Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 106—119. DOI: 10.12737/jrl.2020.070 (In Russ.)

Legal Terminology Editing regarding the Mechanism of Acquisition of Legal Essence by Criminal Law

Kazakova V. A., Inshakov S. M.

Institute of International Law and Justice, Moscow State Linguistic University, Moscow 119034, Russian Federation
E-mail: vera1313@yandex.ru; insmi@yandex.ru

DOI: 10.12737/jrl.2020.071

Abstract. The article considers terminological shortcomings of the text of the Russian Criminal Code, as well as contradictions of an interdisciplinary nature, including the lack of definitions for terms that have several semantic concepts, legal lacunae; normative redundancy; normative conflicts and other linguistic inaccuracies that affect the quality of the qualification of crimes and the imposition of punishments.
The purpose of the research is to find ways to edit legal terminology and eliminate negative factors using the example of articles of the Russian Criminal Code's General and Special parts. The research aims at identifying ambiguous definitions, comparing conflicting provisions of the Criminal code, and judicial interpretation of such synonymous or identical terms as “involvement”. “persuasion”, “compulsion”, “coercion”, etc. Comparison of wording reflecting the role of the court in exonerating the guilty from responsibility, and their relationship to the scope of the court's powers in this process.
Methods of comparative law, systematic and grammatical interpretation, study of documents (decisions of the Plenum of the Supreme Court of the Russian Federation), and statistical analysis of data on punishments applied by courts were used in the article.
The direct link between the terminological errors in the text of the criminal law and problems of qualification of crimes and their penalties, the prerequisites of derogation from judicial practice enshrined in law and doctrinal principles of criminal responsibility — the rule of law, subjective imputation, etc. is revealed in the article. The ways of improvement of legislative technique of criminal law is also offered.

Keywords: terminological shortcomings, legal lacunae, normative redundancy, ambiguity of terms in the Criminal Code of the Russian Federation, conflict of law.

For citation: Kazakova V. A., Inshakov S. M. Legal Terminology Editing regarding the Mechanism of Acquisition of Legal Essence by Criminal Law. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 120—133. DOI: 10.12737/jrl.2020.071 (In Russ.)

■ PROCEDURAL LAW

Legal Interest as a Separate Legal Possibility: The Protection Mechanism in the Civil Process

Burmistrova S. A.

Ural branch, Russian State University of Justice, Chelyabinsk 454135, Russian Federation
E-mail: lelsi@yandex.ru

DOI: 10.12737/jrl.2020.072

Abstract. The article is an attempt to substantiate the protection mechanism in the civil process of legal interest as an independent legal permission. The subject of realization and protection of interests in law (legal interests, legitimate interests, interests protected by law) in the domestic legal doctrine of the last century, a huge number of scientific papers are devoted. As a result, it may seem that the subject has exhausted itself. However, dive into the problem reveals that the mechanism of realization and protection of legal interest as a separate legal permission is absent and judicial protection is either carried out only within the framework of separate proceedings (special and proceedings in cases arising from public relations) or it is develops according to the model of subjective law without a clear understanding of what is the object of protection in a particular case-the right or interest. Overcoming the described situation began with the appearance of the theory of legitimate interests in the General theory of law as an independent legal permission, supported and developed in this article.
The purpose of the research is to develop an integral mechanism for the protection of legal interests in the civil process as one of the legal permissions, the achievement of which provides a solution to the problems: justification of systems of ways, forms and means of protecting legal interests.
The methodological basis of the study was General and special methods, such as analysis and synthesis, logical, special-legal.
Based on the presentation of the essential differences between legal interest and subjective law, the author was able to propose a system of ways, forms and means of protecting legal interests as a separate legal possibility. It justifies the presence in the implementation mechanism of the legal interest derealization and implementation phases, as well as their corresponding disputes; specific activities for the protection of the legal interest in the implementation phase, consisting in the necessity of creating a reference model contentious relationship with its subsequent use.

Keywords: legal interests, mechanism of protection, methods of protection, forms of protection, means of protection.

For citation: Burmistrova S. A. Legal Interest as a Separate Legal Possibility: The Protection Mechanism in the Civil Process. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 134—147. DOI: 10.12737/jrl.2020.072 (In Russ.)

■ LAND LAW AND ENVIRONMENTAL LAW

Ecological Imperatives in the System of Norms of Environment Conservancy

Luneva E. V.

Kazan (Volga Region) Federal University, Kazan 420008, Russian Federation
E-mail: vilisa_vilisa@mail.ru

DOI: 10.12737/jrl.2020.073

Abstract. Both a narrow and broad understanding of environmental imperatives in science is revealed. In philosophy, environmental imperatives have a narrow meaning and are a system of restrictions that only ensure the preservation of the natural environment. It is proved that environmental imperatives in law are characterized by a broad content and are fixed not only by legal restrictions, but also by other legal means (legal incentives, legal guarantees, etc.) aimed at both protecting environmental systems (sustainable nature management) and increasing their sustainability and productivity (rational nature management).
At the present stage of environmental and legal regulation development, environmental imperatives are represented by the environmental protection rules enshrined in the law that regulate human activities in such a way as to ensure at least sustainable use of natural resources. In case of violation of these rules, there is a transition from sustainable to degradative environmental management, for which measures of legal liability are provided.
It is shown that in the field of rational nature management a special type of environmental imperatives is applied — natural resource imperatives. The forms of consolidation and/or expression of natural resource imperatives include: the rights of nature users in the field of rational nature management; nature users obligations in the field of rational nature management; requirements for environmental management; legal guarantees of natural resource imperatives. All this forms of consolidation and/or expression of natural resource imperatives are interconnected as components of a single system. The forms of fixing and / or expressing natural resource imperatives differ from environmental imperatives only in that the forms of fixing and / or expressing environmental imperatives — rights, obligations, requirements and guarantees — are aimed at ensuring sustainable nature management, and natural resource imperatives have the goal of moving from sustainable to rational nature management as the most effective option for interaction between society and nature.

Keywords: sustainable use of natural resources, ecological imperatives, imperatives in the field of natural resources, legal prohibition, legal restrictions, legal endorsements, legal safeguards, ecological legal regulation.

For citation: Luneva E. V. Ecological Imperatives in the System of Norms of Environment Conservancy. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 148—161. DOI: 10.12737/jrl.2020.073 (In Russ.)

Formation and Development of Legal Regulation of the Organization and Implementation of State Environmental Monitoring in Russia

Sataeva T. Yu.

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: tysataeva@gmail.com

DOI: 10.12737/jrl.2020.074

Abstract. Providing interested consumers with complete and reliable information about the state of the environment, as well as the results of assessment and forecasting of its changes under the influence of natural and anthropogenic factors, can be ensured through the effective functioning of a modern system of state environmental monitoring. The creation of such a system is currently one of the main tasks of state policy in the field of environmental development in Russia, the success of which largely depends on the effectiveness of legal support for the organization and implementation of state environmental monitoring.
Legal regulation of relations regarding environmental monitoring has been formed for several centuries. Currently, a separate Chapter of the Federal law “On Environmental Protection” is devoted to state environmental monitoring.in addition, there are many different legal acts regulating the organization and implementation of environmental monitoring and its varieties. The extensive and complex structure of the legal framework is subject to detailed research and further improvement to improve the effectiveness of legal support for the organization and implementation of environmental monitoring in Russia.
Using the methods of historical and system analysis, the author conducts a study of the formation and development of legal regulation of the organization and implementation of state environmental monitoring in Russia, identifies the features of such development in different periods of time, and formulates proposals for improving legislation in this area.

Keywords: environmental observations, ecological monitoring, types of ecological monitoring, ecological monitoring entities, state ecological monitoring.

For citation: Sataeva T. Yu. Formation and Development of Legal Regulation of the Organization and Implementation of State Environmental Monitoring in Russia. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 162—175. DOI: 10.12737/jrl.2020.074 (In Russ.)

■ REVIEWS

Review of the Monograph “Legal Relations (Morality of Modern Legal Regulation)” by P. P. Serkov (Moscow, 2020. 688 p.).  Pdf 16

Pchelintsev S. V.

DOI: 10.12737/jrl.2020.075

Adobe pdf 24  Full text in Russian

■ LEGAL LIFE. CHRONICLE

Gaps in Positive Law: The Doctrine and Practice  Pdf 16

Ibragimova Yu. E., Zaloilo M. V.

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

DOI: 10.12737/jrl.2020.076

Adobe pdf 24  Full text in Russian

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