Contents of issue # 1/2022

To the 25th Anniversary of the Journal of Russian Law. Address of the Editor-in-Chief to Readers  Pdf 16

T. Y. Khabrieva

Talia Y. Khabrieva
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, office@izak.ru, https://orcid.org/0000-0002-6190-6338

For citation. Khabrieva T. Y. To the 25th Anniversary of the Journal of Russian Law. Address of the Editor-in-Chief to Readers. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 5—15. (In Russ.) DOI: 10.12737/jrl.2022.001

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■ XVI ANNUAL SCIENTIFIC READINGS DEVOTED TO THE MEMORY OF PROFESSOR S.N. BRATUS

New Constitutional Values: the Concept of Sustainable Economic Growth from the Legal Capitalization Perspective

G. A. Gadzhiev

Gadis A. Gadzhiev
Constitutional Court of the Russian Federation, Saint Petersburg, Russia, ksrf@ksrf.ru

Abstract. The consolidation in the Constitution of the Russian Federation of new priorities for the country’s socio-economic development and, at the same time, constitutional values set long-term tasks for the development of legislation and the theory of law. In the scientific worldview, there is no uniform concept and picture of understanding sustainable economic growth. Scientific schools of philosophy, sociology, economics and ecology present a different understanding of economic growth as a phenomenon and a process, but the effectiveness and balance of private and public interests in legal regulation presupposes a comprehensive assessment of all related factors. Sustainable economic growth ensures the strengthening of the independence of the state, an increase in the quality of life of its population and the creation of additional conditions for social stability.
The article proposes an epistemological and ontological analysis of economic growth, shows the directions and prospects for the development of legislation, explains the meaning, meaning and mechanism for the implementation of constitutional norms that consolidate new values and goals of the country’s socio-economic development and, at the same time, their non-isolation, and unity with the entire system of legislation. Particular attention is paid to the statics and dynamics of economic growth and its understanding in the context of economics and law. The author offers an understanding of legal capitalization and its design. Legal support for sustainable economic growth is not limited to the task of improving legislation; law enforcement practice, which is at the epicenter of the collision of economic interests, social and environmental security, is also of great importance.

Keywords: constitutional values, legal support of sustainable economic growth

For citation. Gadzhiev G. A. New Constitutional Values: the Concept of Sustainable Economic Growth from the Legal Capitalization Perspective. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 16—28. (In Russ.) DOI: 10.12737/jrl.2022.002

Economic Efficiency of Law as a Goal of Legal Regulation

V. V. Momotov

Viktor V. Momotov
Supreme Court of the Russian Federation, Moscow, Russia, viktormom@mail.ru

Abstract. The article examines: the general theoretical issues of the mutual influence of law and economics; analyzes the ways to ensure the economic efficiency of law; identifies such a trend in the development of law as its socialization, which presupposes the recognition of law as effective only if it meets the criteria of justice. The author identifies several possibilities of the state to ensure the economic efficiency of law: these are fair laws in a broad sense (which ensure competition in the economy, equality in rights, the fight against corruption, clear regulation that eliminate the possibility of different interpretations and abuses); and the creation of such legal norms and conditions, under which it is more profitable for citizens and other subjects of legal relations to comply with the law than to violate it.
The use of general logical research methods, including the method of analysis and synthesis, formal legal methods, the method of interpretation of law and its economic and legal analysis allows the author to conclude that private law acts as the main regulator of economic relations, as it guarantees the right of ownership and provides for tools for the exchange and disposal of property. At the same time, it is not necessary to consider the economic analysis of law only in relation to private law institutions. In this regard, the article also examines the economic efficiency of procedural law. In particular, it is stated that the legal mechanism of the organization of the procedure for the execution of court decisions does not meet the indicators of economic efficiency. Further development of the institute of pre-trial dispute settlement and advocacy is also required in order to make the most effective use of their potential, improve the quality of work and trust in it from civil society.

Keywords: economic efficiency of law, economics and law, property rights, pre-trial settlement of disputes, enforcement proceedings

For citation. Momotov V. V. Economic Efficiency of Law as a Goal of Legal Regulation. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 29—35. (In Russ.) DOI: 10.12737/jrl.2022.003

Sustainable Development of Market Economy and Entrepreneurship: Legal Issues

E. P. Gubin

Evgeny P. Gubin
Lomonosov Moscow State University, Moscow, Russia, E.P.Gubin@mail.ru

Abstract. The article deals with the main issues of legal provisions concerning sustainable economic development in relation to the general concept of sustainable development. Sustainable economic growth is one of the goals of the concept. The interdependence of all sustainable development goals and in some cases their contradictory nature are emphasized. The Constitution of the Russian Federation is the basis for legislation on sustainable economic development. The principles of economic solidarity, mutual trust of the state, society and business enshrined in the Constitution of the Russian Federation imply their implementation in modern economic relations. Not only sustainable economic growth is required, but also the sustainable development of law and the state are necessary. The main task of the state is to create a legal basis for sustainable development, resolution of emerging conflicts, ensuring the balance of implementation of sustainable development goals.
On the basis of general scientific methods (comparison, analysis and synthesis, system analysis), as well as methods of legal research (formal-legal, the method of interpretation of legal norms) the general conclusion is made that the state and the economy are closely connected and ensuring sustainable economic development outside and without the state is impossible.

Keywords: sustainable development, law, economic solidarity, mutual trust, regulation and deregulation in the economy, legislation on sustainable development, “green” economy, “green” finance, “green” law, self-regulation

For citation. Gubin E. P. Sustainable Development of Market Economy and Entrepreneurship: Legal Issues. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 36—46. (In Russ.) DOI: 10.12737/ jrl.2022.004

Economic Analysis of Law: Opportunities and Limitations, Risks of Absolutizing the Approach

S. A. Sinitsyn

Sergey A. Sinitsyn
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, synss@mail.ru

Abstract. Legal regulation is inseparable and derived from the state and pace of socio-economic development. At the current moment, science has not substantiated a universal approach that allows to objectively and reliably reflect in law the diversity of economic relations in their constant development. Scientists offer a whole palette of variations in understanding the relationship between economics and law, each of which contains its own limitations of the scope of application and the relativity of the result obtained. Economic analysis of law — which is actively used in legal research, law enforcement practice and legislative work — is no exception. Undoubtedly, its application as a method cannot be denied indiscriminately. However it presents the picture of the perception of the needs of economic life by law, which is subjective and not true, by suggesting a critical understanding of the applicability of the result obtained to specific areas of socio-economic reality. In the conditions of our time and the growing popularity of approaches to economic analysis of law, it is required to discuss the following issues: the purpose and scope of the concept of economic analysis of law; its relationship with ideology, science and legal consciousness; connections and interdependence of economic analysis of law and institutions of the economy itself; features of the application of economic analysis of law in continental and common law. In addition to the noted fundamental issues of understanding the economic analysis of law, the article examines individual problems and consequences of its application in the branches of law.

Keywords: economic analysis of law, efficiency, rationality, economics, law, legal support of economic growth

For citation. Sinitsyn S. A. Economic Analysis of Law: Opportunities and Limitations, Risks of Absolutizing the Approach. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 47—60. (In Russ.) DOI: 10.12737/jrl.2022.005

Legal Instruments for Overcoming Crisis in Economy

I. I. Shuvalov

Igor I. Shuvalov
State Development Corporation “VEB.RF”, Moscow, Russia, pr_shuvalova@veb.ru

Abstract. The article is devoted to the analysis of legal instruments for overcoming crisis in economy. The research is based on anti-crisis legal regulation measures applied by Russia and foreign countries (China, USA, Great Britain, France, etc.) during the international economic crisis of 2008, taken by the Government of the Russian Federation in order to reduce the negative consequences of the 2014—2015 financial crisis, primarily due to economic and political sanctions imposed on Russia, as well as a global socio-economic crisis caused by the massive spread of the novel coronavirus infection (COVID-19).
An analysis of the anti-crisis measures taken by the governments reveals their common features: these measures are implemented in two interrelated directions. In the first direction, the measures taken by the state are aimed at mobilizing internal resources. The second direction of the measures taken is related to the transboundary nature of the problems caused by the crisis that has arisen and is due to its international nature. The anti-crisis measures taken in the framework of the second direction are mainly due to the need to reform international financial markets and strengthen interstate relations.
As a result of considering the above issues, the author notes the following: anti-crisis legislation is of a comprehensive nature, while it seems expedient to adopt a separate framework law, in pursuance of which, during a crisis, due to a simplified procedure for adoption by the executive authorities, a program document should be adopted containing a set of anti-crisis measures with certain deadlines and responsible executors, as well as “acts of rapid response” containing restrictive measures and targeted support measures for the most affected categories of individuals and legal entities. Such acts are distinguished by the temporary nature of their action, and due to their extraordinary nature, during the period of their validity, the norms of such acts should take precedence over industry legislation. Thus, anti-crisis legislation is also characterized by a temporary shift in boundaries and the redistribution of subjects of legislative and subordinate regulation.

Keywords: socio-economic crisis, anti-crisis legislation, support measures, program document, industry support, banking system, entrepreneurship

For citation. Shuvalov I. I. Legal Instruments for Overcoming Crisis in Economy. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 61—69. (In Russ.) DOI: 10.12737/jrl.2022.006

The Requirement of Unity of Invention: Results of a Study of Russian and International Legal Regulations

G. P. Ivliev, O. L. Alekseeva

Grigory P. Ivliev1, Olga L. Alekseeva2
1Federal Service for Intellectual Property, Moscow, Russia, rospatent@rupto.ru
2Federal Institute of Industrial Property, Moscow, Russia, OAlekseeva@rupto.ru

Abstract. Patenting of inventions is an integral part of the transfer of Russian technologies abroad. National developers registering innovative technical solutions at foreign IP offices are faced with problems caused by application of international requirement of unity of invention to Russian applications. The undergo of foreign patenting procedures becomes more complicated, the costs of applicants and the time required for patenting unjustifiably increase. The Russian regulation becomes an unjustified barrier when Russian applicants patent their promising inventions abroad with a claim of priority based on one application filed in Russia. The study of these problems is included in the Action Plan ("Road Map") for the implementation of the mechanism for managing systemic changes in the legal regulation of entrepreneurial activity, approved by the Decree of the Government of the Russian Federation No. 1368 of December 15, 2016 (as amended by the Decree of the Government of the Russian Federation No. 508 of March 31, 2021).
The purpose of the research is to study legal and technical aspects that identify the nature of the differences between the Russian requirement for the unity of invention and the standards of the international law that establish the rules for combining inventions into a group, as well as to draft proposals for amending Russian patent legislation in the part relating to the legal institution under study.
The critical analysis allows to obtain systemic data concerning the features of the Russian and international requirements for unity; identify similar regulations and differences, the advantages obtained by the inventors when applying national and international rules, harmonization of national rules with international rules in various national and regional jurisdictions. The analysis allows to obtain statistical data illustrating the filing of applications for a group of inventions by Russian and foreign applicants, the results of surveys related to law enforcement.
It is concluded that the Russian legislation contains fewer restrictions for combining inventions into a group as compared to the international rules, and the historical reasons for such regulation are shown. Possible ways to improve the Russian legislation are identified, and justifications are given for the expediency of harmonizing Russian rules with international rules in an attempt to develop the foreign economic activity of the Russian Federation.

Keywords: requirement of unity of invention, group of inventions, subject matter of the invention, national applications, international applications, foreign patenting, special technical features, contribution to the state of the art

For citation. Ivliev G. P., Alekseeva O. L. The Requirement of Unity of Invention: Results of a Study of Russian and International Legal Regulations. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 70—80. (In Russ.) DOI: 10.12737/jrl.2022.007

Selected Issues of Legal Support for Sustainable Economic Growth

E. A. Borisenko

Elena A. Borisenko
Gazprombank, Moscow, Russia, pr@gazprombank.ru

Abstract. Due to the consolidation in the Constitution of Russia of such a goal of socio-economic reforms and state policy as sustainable economic growth, the legal sphere has faced a number of issues that need to be addressed. The article raises questions of the development of legislation in the field of remote transactions, updating legislation in the field of presenting requirements for identifying a person, possible directions for improving regulation to ensure the balance of public and private interests when creating services for citizens and businesses that allow developing remote services. Due to the lack of international standards for electronic signatures and documents, their cross-border recognition and subsequent application on the territory of another state is impossible. The problem of electronic interaction is facing the entire international community. The pandemic has had a great influence on the development of law, one can even talk about a whole complex branch of law that has formed recently. The changes affected labor legislation, the sphere of bankruptcy and enforcement proceedings, etc. The problem of excessive regulation of ecosystems at many sites was touched upon: in the areas of limiting monopolistic activities with the participation of ecosystems, “portability” of data during the transition between ecosystems and limiting investments in “immobilized assets”. An important issue requiring supranational regulation is the development of cross-border economic relations. Such regulation should not disrupt the development and established regulation of the internal markets of states; this will require a competent doctrinal analysis and legislative efforts to regulate the application of the Cape Town Convention and the MAC-Protocol.

Keywords: sustainable economic growth, remote transactions, cross-border recognition of electronic signatures and documents, pandemic, over-regulation of ecosystems, cross-border economic relations

For citation. Borisenko E. A. Selected Issues of Legal Support for Sustainable Economic Growth. Journal of Russianт Law, 2022, vol. 26, no. 1, pp. 81—90. (In Russ.) DOI: 10.12737/jrl.2022.008

Review of the XVI Annual Scientific Readings in the Memory of Professor S. N. Bratus on the Topic “Sustainable Economic Growth and Law”  Pdf 16

M. O. Diakonova, P. D. Pechegina, E. M. Chagina

Maria O. Diakonova, Polina D. Pechegina, Elizaveta M. Chagina
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, civil@izak.ru

Abstract. On October 27, 2021, the Institute of Legislation and Comparative Law under the Government of the Russian Federation held the XVI Annual Scientific Readings in memory of Professor S. N. Bratus on the topic “Sustainable Economic Growth and Law”. Fundamental transformations in the structure of socio-economic relations and amendments to the Constitution of the Russian Federation in 2020, which consolidated strategically important priorities and legal values designed to ensure the progressive development of the national economy and improve the quality of human life, determine the relevance of the discussion of the most important theoretical and applied problems, trends in the further development of the domestic legal system.
The article highlights the welcoming words and reports of the participants of the plenary session — leading representatives of Russian legal science and heads of state authorities: T. Y. Khabrieva, P. A. Kucherenko, P. V. Stepanov, A. I. Khersontsev, E. A. Borisenko, G. A. Gadzhiev, A. G. Tsyganov, Y. V. Voronin, E. P. Gubin, V. V. Momotov, I. A. Drozdov, M. K. Suleimenov, S. A. Sinitsyn. The review also outlines the main ideas expressed by the speakers and participants of the discussions at the following thematic round tables: “Corporate law in the new economic conditions: limits of freedom and restrictions (in memory of professor V. A. Rakhmilovich)”; “Sustainable public procurement: economic stability, environmental protection, achievement of social justice”; “The role of land, natural resources, environmental law in the sustainable development of society”; “The legal paradigm of energy in the context of sustainable economic growth”; “The role of labor law in ensuring sustainable economic growth”; “Law and sustainable socio-economic development of the subjects of the Russian Federation and municipalities”; “Procrustean bed” of mandatory requirements in the economic sphere”; “The quality of the law as the most important factor of economic growth”; “Financial and legal provision of points of economic growth”; “International strategies to overcome global imbalances and sustainable economic growth”; “Legal models of sustainable development of society in changing technological patterns”; “Criminal policy in the field of ensuring economic security”; “Effective protection of the rights of economic entities as a factor of economic growth of the country (in memory of professor N. I. Klein, professor I. N. Petrov)”; “Problems of centralization and decentralization in the economic space”; “Banking law in modern reality: in search of a balance of interests (in memory of prof. E. A. Pavlodsky)”.

Keywords: private law, interaction of private and public law, energy, public procurement, civil and natural resource legislation, corporate law, labor law, judicial protection of rights, banking law

For citation. Diakonova M. O., Pechegina P. D., Chagina E. M. Review of the XVI Annual Scientific Readings in the Memory of Professor S. N. Bratus on the Topic “Sustainable Economic Growth and Law”. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 91—119. (In Russ.) DOI: 10.12737/jrl.2022.009

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■ CONSTITUTIONAL AND MUNICIPAL LAW

Constitutional Transformations in the Russian Federation and the Interaction of International and Domestic Law: Continuity and Novelty

А. N. Morozov, A. A. Kashirkina

Аndrey N. Morozov1, Anna A. Kashirkina2
1, 2Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
1ccla1@izak.ru, https://orcid.org/0000-0002-8553-4073
2anna-kash@yandex.ru, https://orcid.org/0000-0002-4269-8262

Abstract. The article analyzes the amendments to the Constitution of the Russian Federation, affecting the implementation of international obligations. The doctrine of international law on the interaction of the norms of international and domestic law and the implementation of international acts within the framework of national legal systems is studied both at the stage preceding the adoption of amendments and at the stage of their development and adoption. Particular attention is paid to the conclusion of the European Commission for Democracy through Law concerning the analysis of amendments to the Constitution of the Russian Federation regarding the fulfillment of international obligations.
The purpose of the study is a legal analysis of amendments to the Constitution of the Russian Federation adopted in 2020 and affecting issues of interaction between international and domestic law, including in the part concerning the implementation of decisions of interstate bodies adopted on the basis of provisions of international treaties of the Russian Federation, in their interpretation contrary to the Constitution of the Russian Federation.
Research methods: dialectical, historical, philosophical, comparative legal, formal legal, logical, analytical, as well as methods of legal modeling and synergetic analysis.
Conclusion: constitutional amendments make it possible, on a constitutional and legal basis, to fulfill international legal obligations contained in various sources of international law, including international treaties of the Russian Federation, as well as legally binding decisions of interstate bodies. In turn, the improvement of legal mechanisms for the implementation of decisions taken by interstate bodies is one of the most important directions not only in the light of constitutional amendments, but also in the context of the fulfillment by the Russian Federation of its international obligations in general. Thus, the Constitution of the Russian Federation respects the consideration of generally recognized principles and norms of international law, as well as the fulfillment of accepted international legal obligations. At the same time, the international legal instruments, reflected primarily in the Constitution of the country, are being objectively modernized in order to protect the foundations of the constitutional system, the rights and freedoms of citizens of the Russian Federation in the changing international situation and the complexity of international relations.

Keywords: Constitution of the Russian Federation, amendments, international law, domestic law, interstate bodies, decisions, generally recognized principles and norms, interpretation, interaction, implementation

For citation. Morozov А. N., Kashirkina A. A. Constitutional Transformations in the Russian Federation and the Interaction of International and Domestic Law: Continuity and Novelty. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 120—141. (In Russ.) DOI: 10.12737/jrl.2022.010

The Sub-Constitutional Model of Distribution of Competence Between the Russian Federation and Its Subjects: Centralization vs Autonomy of Regions

A. V. Chaplinskiy, A. A. Merkulenko

Alexander V. Chaplinskiy1, Alexander A. Merkulenko2
1Institute of Public and Municipal Administration, National Research University “Higher School of Economics”, Moscow, Russia, avchaplinski@hse.ru
2Government of Moscow, Moscow, Russia, al.merckulencko@yandex.ru

Abstract. The Constitution of the Russian Federation distributes the competence between the federal and regional levels of power only in the most general way: the constitutional level provides very abstractly formulated subjects of jurisdiction of the Federation and its constituent units, as well as some tools for the distribution of competence. Federal legislation not only reveals in detail what powers are hidden under each subject of jurisdiction, but also creates a new method of redistributing competence — delegating federal powers to the regions on the basis of federal normative acts, which is not mentioned in the Constitution of the Russian Federation. The sub-constitutional model of the distribution of competence between the Federation and its constituent units has evolved quite far compared to the model described in the Constitution of the Russian Federation, and thus requires a comprehensive scientific understanding.
The goal is to determine the current sub-constitutional model of the distribution of competence between the Russian Federation and its constituent units. The tasks are: identification of the basic elements of this model; a description of its general scheme; analysis of each element of this model.
The design of the study is determined by a three-tier model of differentiation of subjects of reference, the fact of the transfer of powers between bodies of different levels of government, ways of their consolidation or transfer. The study includes an analysis of 11 elements included in the competence distribution model. The authors applied formal legal, historical and statistical methods.
Research results: Russia is a highly centralized federation. The subjects of jurisdiction of the Russian Federation dominate over the subjects of joint jurisdiction of the Russian Federation and its subjects. The subjects of the regions are practically absent. The practice of transferring federal powers for implementation to the bodies of the constituent entities of the Russian Federation through the adoption of a federal law, which has no constitutional basis, has received extremely active development, which actually turns these bodies into territorial divisions of federal bodies. The creation of their own regional powers is limited both due to the inaction of the majority of the subjects of the Russian Federation, and due to the reduction of areas not regulated by federal legislation.

Keywords: federalism, centralization, competence of the Russian Federation, competence of the constituent units of the Russian Federation, delimitation of spheres and powers in the Russian Federation, delegation of powers, devolution agreements

For citation. Chaplinskiy A. V., Merkulenko A. A. The Sub-Constitutional Model of Distribution of Competence Between the Russian Federation and Its Subjects: Centralization vs Autonomy of Regions. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 142—157. (In Russ.) DOI: 10.12737/jrl.2022.011

■ TOWARDS THE 100th ANNIVERSARY OF ILCL

The Legal Doctrine of Money by Professor L. A. Lunts  Pdf 16

I. I. Kucherov

Ilya I. Kucherov
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, prof.kucheroff@mail.ru

Abstract. January 2022 marks the 130th anniversary of the birth of the outstanding jurist Lazar A. Lunts. The scientist devoted himself to legal science and for about 40 years linked his career with the All-Union Institute of Legal Sciences (VIJN) — now the Institute of Legislation and Comparative Law under the Government of the Russian Federation. His scientific works on the subject of private international law received the greatest fame, but it is little known that his very first publications related to issues of monetary circulation and currency regulation. Their content in its entirety actually constituted the author’s legal doctrine of a well-known jurist about money. This article is devoted to a thorough analysis of this doctrine and its main theoretical provisions.
Conclusion: As a final characteristic of the creative stage of Professor L. A. Lunts considered in the article, it should be noted that, taken together, the above scientific works, of course, represent the most valuable theoretical material that clearly reflects his wise author’s view regarding the legal regulation of the sphere of monetary relations. Their importance for the science of public and private law cannot be overestimated. The conclusions drawn by him, the conclusions formulated and the arguments carefully selected in their justification will forever serve as a source of vital knowledge, an exemplary example of painstaking work and dedication to science, both for current Russian jurists and for their future generations.

Keywords: money, legal tender, settlement signs, money circulation, monetary system, monetary unit, currency, currency legislation

For citation. Kucherov I. I. The Legal Doctrine of Money by Professor L. A. Lunts. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 158—175. (In Russ.) DOI: 10.12737/jrl.2022.012

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