Contents of issue # 4/2022

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

Artificial Intelligence and Its Role in the Transformation of Modern Law and Order

N. N. Chernogor

Nikolai N. Chernogor
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, chernogor72@yandex.ru, https://orcid.org/0000-0002-2333-4690

Abstract. Ubiquitous computerization, development and implementation of information technologies and systems have now reached such a level that they have caused the transformation of modern law and order, the acquisition of fundamentally new qualities, changes in its action in space, in time and in the circle of persons. If earlier technological development was an external factor in the evolution of law and the rule of law, now technologies cause their internal transformation, begin to determine the very essence of law and the limits of the rule of law. The emergence of “artificial intelligence” is the point of phase transition beyond which the modern law and order (the law and order of the modern) is transformed into the law and order of the post- or even metamodern, acquiring fundamentally new qualitative and structural characteristics. The driver of the ongoing transformation is the process, albeit not yet so large-scale, of the emergence of prerequisites for the introduction of “artificial intelligence” technologies into social regulation, including legal regulation. The specificity and importance of the current moment is that under the influence and as a result of the development and mass introduction of modern technologies, primarily those based on artificial neural networks, there are not just changes in the cognitive, institutional and regulatory platforms of the rule of law. The model of its construction that has existed for centuries, based on the three mentioned platforms, is being transformed. The transition of society to a new technological level has led to the emergence of a fourth law enforcement platform - information technology or digital.
The article presents the author's observations, original conclusions and answers to some theoretical and legal questions that have arisen in jurisprudence in connection with the ongoing transformation of law and the rule of law.

Keywords: institutional basis of law and order, information technology basis of law and order, artificial intelligence, cognitive basis of law and order, model of law and order, normative basis of law and order, law, legal regulation, law and order, principles of law

For citation. Chernogor N. N. Artificial Intelligence and Its Role in the Transformation of Modern Law and Order. Journal of Russian Law, 2022, vol. 26, no. 4, pp. 5—15. (In Russ.) DOI: 10.12737/jrl.2022.037

Legal Acculturation of the Peoples of Russia in the Imperial and Soviet Periods

S. R. Chedzhemov

Sergey R. Chedzhemov1, 2
1North Caucasian Institute of Mining and Metallurgy (State Technological University), Vladikavkaz, Russia, srchedgemov@mail.ru, https://orcid.org/0000-0003-2260-3016
2North Ossetian State Medical Academy, Vladikavkaz, Russia

Abstract. Legal acculturation is an important theoretical-historical-legal problem of interdisciplinary research that characterizes the essence and specifics of the modern Russian state. The experience of our multinational and multi-confessional country can be used very productively both in harmonizing its own internal relations, strengthening the ideas of civil peace and national harmony, and in other countries that have much in common with Russia both in the form of a state structure and, in the so-called legal mentality of peoples.
The purpose of the work is to analyze the legal acculturation process in the imperial and Soviet periods on the materials of the South Russian peoples and to identify its features. The task is to try to answer the question: was the Russian legal acculturation an evil or good for the peoples of the country both in historical retrospective and in assessments of the future prospects of domestic state-legal relations.
The article uses methods of analysis of historical facts gleaned from the materials of archival sources, most of them are interpreted for the first time. On their basis, a comparative analysis of Russian legal acculturation on the materials of the peoples of southern Russia in the imperial, Soviet and post-Soviet periods is carried out.
The author comes to the conclusion that the legal acculturation of the peoples of our country is part of the internal (national) policy. With regard to the North Caucasus - a region that has repeatedly become the scene of terrorist and extremist events and at the same time has a rich humanitarian history - acculturation includes two aspects: educational and pedagogical, which raise the level of legal consciousness and normative-legal one. It regulates the state-legal development of peoples. It was carried out by both the Imperial and Soviet power of Russia and was aimed at raising the level of legal culture in general and law-listening in particular to the peoples of the country on the principles of meeting their needs and aspirations.

Keywords: legal acculturation, Russian Empire, South of Russia, Caucasus, law enforcement, domestic policy, state, law

For citation. Chedzhemov S. R. Legal Acculturation of the Peoples of Russia in the Imperial and Soviet Periods. Journal of Russian Law, 2022, vol. 26, no. 4, pp. 16—35. (In Russ.) DOI: 10.12737/jrl.2022.038

■ CONSTITUTIONAL AND MUNICIPAL LAW

The Constitution Against Corruption: On the Formation of a National Constitutional and Legal Model of Anti-Corruption Activities

N. S. Bondar

Nikolay S. Bondar
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, nbond2010@yandex.ru

Abstract. The article presents the author's approach to understanding the role of the Constitution in combating corruption in modern society. It analyses the legal nature, forms, methods of constitutional influence on the relations of anti-corruption activities of state and municipal public authorities, civil society institutions in the aspect of prospects for the formation of a national constitutional and legal model of anti-corruption activities. On this basis, the constitutional impact on anti-corruption activities is considered from broad political and legal positions. It suggests the need to clarify the place and role in the anti-corruption constitutional and legal mechanism not only restrictive and prohibitive institutions of constitutional law (concerning, in particular, the conditions for the replacement of elected and other publicly significant positions), but also, above all, classical, regulatory in its basis, constitutional and legal institutions in the aspect of increasing anti-corruption focus on creating competitive and pluralistic mechanisms for the functioning of power and property in a democratic society and state. We are talking about the separation of powers horizontally and vertically, a real multiparty system, political and economic pluralism, taking into account the peculiarities of the municipal level of government, the development of a state anti-corruption ideology, an active anti-corruption legal policy. In accordance with this, the influence of corruption as a social phenomenon on the state of modern Russian constitutionalism is considered, including those in the light of the constitutional amendments of 2020. At the same time, attention is focused on the role of decisions of the Constitutional Court of the Russian Federation in the constitutionalization of legal mechanisms of anti-corruption activities.

Keywords: Constitution, corruption, anti-corruption activities, Constitutional Court of the Russian Federation, state authorities, municipal authorities, local self-government bodies, legal culture

For citation. Bondar N. S. The Constitution Against Corruption: On the Formation of a National Constitutional and Legal Model of Anti-Corruption Activities. Journal of Russian Law, 2022, vol. 26, no. 4, pp. 36—55. (In Russ.) DOI: 10.12737/jrl.2022.039

■ CIVIL AND FAMILY LAW. ENTREPRENEURIAL LAW

On the Origins of the Study of Private International Law in Russia

S. V. Bakhin

Sergey V. Bakhin
Saint-Petersburg State University, Saint Petersburg, Russia, Bakhin.sergey@yandex.ru, https://orcid.org/0000-0002-8879-062X

Abstract. The author refers to the origins of the science of private international law in Russia, also studies by whom and when the term “private international law” was first introduced into scientific circulation in Russia.
Research methods: dialectical, historical, philosophical, comparative legal, logical, analytical.
Results, brief conclusions: For many years it was believed that the term “private international law” in Russia first appeared on the pages of N. P. Ivanov's book “Foundations of Private International Jurisdiction”, published in 1865 in Kazan. However, 15 years before that at St. Petersburg University, a student F. Bobrovsky defended his master's thesis, which dealt with issues of private international law, and this term was used. And in 1860, N. S. de Galet's book “International Law” was published in St. Petersburg, part of which was devoted to issues of private international law. The work of N. S. de Galet itself had almost no impact on Russian science, however, it gave Professor D. I. Kachenovsky a reason to make an extensive review, in which criteria were formulated regarding the level at which the study of international law issues should be based. Thus, research on private international law in Russia was started in St. Petersburg. Although the Western international legal doctrine was taken as the basis for this, soon Russian specialists not only reached the level of their Western colleagues, but in some ways surpassed them. It is important that initially many experts considered international law to be the basis for resolving conflicts of different national laws. These ideas were developed in the works of such famous Russian lawyers as D. I. Kachenovsky, M. N. Kapustin, A. N. Stoyanov, F. F. Martens, N. M. Korkunov, O. O. Eichelmann, V. P. Danevsky, A. N. Mandelshtam, etc.

Keywords: international private law, international public law, international legal concept of international private law, cross-border private relations, conflict of different national laws, doctrine of international law

For citation. Bakhin S. V. On the Origins of the Study of Private International Law in Russia. Journal of Russian Law, 2022, vol. 26, no. 4, pp. 56—66. (In Russ.) DOI: 10.12737/jrl.2022.040

Digital Rights as Objects of Civil Rights: Legal Regulation and Development Prospects amid the Digitalisation of Civil Commerce

V. V. Kress

Vyacheslav V. Kress
Arbitrazh Court of the Moscow District, Moscow, Russia, f05.vkress@arbitr.ru

Abstract. The article is devoted to two trends: the introduction of a “digital” element into public relations and the emergence of digital rights. The author believes that the former, after making qualitative changes into the life of society, has introduced only quantitative changes into law. The quantitative changes, as they accumulate in accordance with Hegel's dialectics, may admittedly lead to law undergoing qualitative changes. Machine-readable law, which appears to be somewhat of a novelty, is not like this either - its potential may also be fulfilled under modern conditions. The quality of “machine-readability” implies an automatic application of a mandatory provision of law. This is likely to enhance the role of law because this will considerably curtail the discretion of the law enforcer. “Machine-readability” does not change the social value or regulatory function of law, does not change of its own accord the legal framework or provisions of law but only changes the ways in which law is applied by simply automatising the application (compliance with) and recording of provisions of law which have become machine-readable. The properties of “machine-readability” of law may be implemented, in particular, by automatising the performance of certain civil law obligations: obligations of the guarantor towards the beneficiary under an independent guarantee, a compensatory contractual obligation - indemnity. Digitalisation of justice does not give rise to a fundamentally different situation either since it involves only expediting and optimising the work of courts by automatising routine and labour-intensive technical processes.
On the contrary, the second trend - the emergence of “digital rights” in the framework of applicable law, while creating no new legal category of property or new property right, forms a new category of rights, the existence and scope of which are only possible in compliance with the rules of the information system, alongside with the automated nature of their existence and emergence.

Keywords: digitalisation, digital rights, utility digital rights, civil law, machine-readable law, crowdfunding

For citation. Kress V. V. Digital Rights as Objects of Civil Rights: Legal Regulation and Development Prospects amid the Digitalisation of Civil Commerce. Journal of Russian Law, 2022, vol. 26, no. 4, pp. 67—76. (In Russ.) DOI: 10.12737/jrl.2022.041

■ LABOR LAW AND SOCIAL SECURITY LAW

Issues of Legal Regulation of Mandatory Medical Examinations in the Field of Labor

I. E. Rubina

Inna E. Rubina
Petrozavodsk State University, Petrozavodsk, Russia, vuksik@mail.ru

Abstract. The article is devoted to the analysis of certain issues of legal regulation of mandatory medical examinations (preliminary and periodic) in the Russian Federation. Discrepancies in legal terminology existing in regulatory legal acts have been identified, which not only complicates the interpretation of legal norms, but also forms incorrect law enforcement practice on the part of the employer. The legal nature of medical and other documents drawn up during examinations is considered, as a result of which a conclusion is formulated about the need for the employer to adopt local regulations on the organization of medical examinations, to develop and approve the forms of individual documents. Attention is focused on the gaps in labor legislation in terms of mandatory medical examinations and possible options for their elimination are proposed, taking into account foreign experience.
The purpose of the article is to identify the state, legal problems of the institute of mandatory medical examinations in the field of labor.
Research objectives: analysis of legal norms regulating the organization and conduct of preliminary and periodic medical examinations, detection of gaps in the legal regulation of relations on the implementation of medical examinations, identification of possible ways and forms of solving the identified gaps in legislation. Research methods: system-structural, formal-legal, formal-logical, critical-legal.
Conclusions: it is advisable for the executive authorities in the field of healthcare to adopt unified forms of a number of documents classified as medical documents. Based on foreign experience, proposals have been made to resolve issues in Russia concerning the conduct of medical examinations of foreign workers, the recognition of the results of medical examinations during internal and external transfer of an employee to another place of work and the implementation of external concurrency, taking into account the identity of production factors.

Keywords: employee’s health, mandatory medical examinations of employees, periodic medical examination, preliminary medical examination, employee’s right to health, labor protection, extraordinary medical examination, employer’s duties, conclusion, final act, local regulatory act

For citation. Rubina I. E. Issues of Legal Regulation of Mandatory Medical Examinations in the Field of Labor. Journal of Russian Law, 2022, vol. 26, no. 4, pp. 77—92. (In Russ.) DOI: 10.12737/jrl.2022.042

■ ADMINISTRATIVE AND FINANCIAL LAW. INFORMATIONAL LAW

Digital Certificate: Concept and Place in the Securities System

A. M. Lapteva

Anna M. Lapteva
Saint Petersburg branch, National Research University “Higher School of Economics”, Saint Petersburg, Russia, laptevaann@rambler.ru, https://orcid.org/0000-0002-9636-0742

Abstract. The article analyzes the legal regime of a new investment instrument - a digital certificate, which was introduced into Russian legislation recently. It should be stressed that the appearance of this investment instrument in Russian law is determined by the requirement to introduce digital rights (utilitarian digital rights) to the securities market. The requirement of the introducing digital rights will help to increase the circle of potential investors, because they haven't to obtain the status of a participant in the investment platform.
The purpose of this article is to investigate insufficiently developed problems related to the legal nature, the legal regime of the digital certificates, also the conditions of their turnover.
Methodological basis of the research consists of general scientific and special methods of cognition, in particular system-structural, formal-legal, formal-logical methods, method of interpretation of law.
In the article, the author notes that the existing legal regulation of relations arising over a digital certificate can hardly be considered satisfactory. In particular, the current legislation contains contradictions and gaps that need to be eliminated. For example, the legislator doesn't answer to the question of who is the original owner of the digital certificate. As a result of the conducted research, the author of the article came to the conclusion that the digital certificate is a non-emissive, nondocumentary, investment security intended for the introduction of such investment instruments as digital rights (utilitarian digital rights) into the securities market.

Keywords: securities, digital certificate, investments, digital economy

For citation. Lapteva A. M. Digital Certificate: Concept and Place in the Securities System. Journal of Russian Law, 2022, vol. 26, no. 4, pp. 93—102. (In Russ.) DOI: 10.12737/jrl.2022.043

Administrative and Procedural Activities within the Stage of Initiation of Proceedings on Disciplinary Cases

Е. L. Leshchina

Еduard L. Leshchina
South Ural State University (National Research University), Chelyabinsk, Russia, leshina74@mail.ru

Abstract. Disciplinary proceedings in the civil service system are one of the types of proceedings included in the structure of the administrative process. The most complex and extensive in time in the structure of proceedings in disciplinary cases is its initial stage - the stage of initiation, which has received the greatest mediation by procedural and procedural norms. However, the authors’ positions regarding the name, purpose and content of this stage, including due to the specifics of legal regulation, differ, which implies conducting an appropriate analysis in order to develop a unified structure of proceedings in disciplinary cases.
The aim of the study is to develop theoretical provisions related to the content of administrative and procedural activities in the initial stage of disciplinary proceedings. The objectives of the study are to analyse the legal regulation of procedural activity during the initiation of disciplinary proceedings and the existing scientific provisions on the concept and content of this stage. The subject of the study are the rules of law governing the procedure for imposing disciplinary sanctions on civil servants; publications devoted to the characteristics of the stage of initiation of proceedings in relation to the framework of administrative-jurisdictional activities of public administration authorities.
Research methods: general scientific methods (analysis, synthesis, induction, deduction) and methods of legal science (including comparative-legal, system-structural, formal-legal).
Conclusions: initiation of proceedings in a disciplinary case is its initial constitutive stage, the content of which is the actions of authorized persons to establish the procedural conditions necessary for the lawful and justified initiation of proceedings (i.e., to establish the legality of the reason and the sufficiency of the grounds for initiating a disciplinary case), to establish the circumstances to be clarified in the case.

Keywords: administrative process, administrative proceedings, stages of proceedings, public service, imposition of disciplinary sanctions, proceedings on disciplinary cases, stage of initiation of proceedings

For citation. Leshchina E. L. Administrative and Procedural Activities within the Stage of Initiation of Proceedings on Disciplinary Cases. Journal of Russian Law, 2022, vol. 26, no. 4, pp. 103—115. (In Russ.) DOI: 10.12737/jrl.2022.044

■ JUDICIARY AND LAW ENFORCEMENT

Concept of Judicial Reforms in Russia in the Second Half of the XIX — Early XXI Century (Theoretical-Legal, Historical and Structural-Functional Aspects)

V. M. Bolshakova

Valentina M. Bolshakova
Russian Presidential Academy of National Economy and Public Administration, Moscow, Russia, valentinabolshakova@rambler.ru, https://orcid.org/0000-0002-7490-3443

Abstract. The object of the study is a set of public relations related to judicial reforms in Russia in the second half of the XIX - early XXI century. The subject of the study is the concept of judicial transformations in Russia during this period in its historical and legal basis, system, structure, essential characteristics and patterns of real functioning. The essence of the judicial reforms under study was a comprehensive reform of the previously existing judicial system, a one-time or gradual rejection of what had taken place earlier, and the construction of a new system corresponding to historical realities and the interests of society. The paper illustrates the structure of the judicial system at various stages of the country's development, highlights individual elements of the status of judges and their relationship with the structure of the judicial system.
The author's concept of judicial transformations in Russia in the second half of the XIX - beginning of the XXI century is presented, including the main idea, concept, concepts, principles of its construction, historical and legal periodization of judicial transformations and criteria for such periodization, the structure of both the concept itself and judicial transformations, and its main characteristics are revealed. The regularities and features of the functioning of judicial transformations in social practice are considered. The construction of this concept will resolve the contradiction between the need to systematize knowledge about the historical and legal development of the structure of the judicial system of Russia in the second half of the XIX - early XXI century and the lack of conceptually designed “end-to-end” knowledge about judicial transformations in the specified chronological framework.

Keywords: conceptualization, judicial system, judicature, judicial transformations, main periods, consistency, integrity, social practice, functioning

For citation. Bolshakova V. M. Concept of Judicial Reforms in Russia in the Second Half of the XIX — Early XXI Century (Theoretical-Legal, Historical and Structural-Functional Aspects). Journal of Russian Law, 2022, vol. 26, no. 4, pp. 116—134. (In Russ.) DOI: 10.12737/jrl.2022.045

■ YOUNG SCIENTIST’S TRIBUNE

Legal Means to Ensure the Implementation of the Procedural Behavior Model of the Parties in Civil Proceedings

A. A. Zhukov

Andrey A. Zhukov
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, zhukov_aa_89@mail.ru

Abstract. The article examines the problems of legal stimulation by the court of the active and lawful procedural activity of the parties, as well as the prevention of deviations from the procedural behavior model of the parties in civil proceedings from the standpoint of the instrumental theory of law.
The purpose of the study is to form guidelines for the procedural activities of the court to create conditions for the procedural behavior of the parties aimed at the correct and timely consideration of the case.
Research methods: general scientific dialectical method and private scientific methods (including formal legal, comparative legal and sociological).
Conclusions: the model of procedural behavior of the parties, i.e. their potentially expected active and lawful behavior as the main participants in procedural legal relations, focused on achieving the goals of civil proceedings, is implemented when considering a particular case under the influence of organizing initiative procedural activity of the court within the powers provided for by the rules of procedural law. Through the law enforcement specification of the procedural activities of the parties, the court provides conditions for the implementation of the model of the procedural behavior of the parties. The author proves that the court's law enforcement specification of the procedural activities of the parties has a stimulating and disciplining legal effect, which allows preventing and reducing the likelihood of possible deviations from the model of procedural behavior of the parties.

Keywords: legal means, model of procedural behavior of the parties, civil proceedings, procedural activities of the court, legal incentives, law enforcement concretization

For citation. Zhukov A. A. Legal Means to Ensure the Implementation of the Procedural Behavior Model of the Parties in Civil Proceedings. Journal of Russian Law, 2022, vol. 26, no. 4, pp. 135—146. (In Russ.) DOI: 10.12737/jrl.2022.046

■ TOWARDS THE 100th ANNIVERSARY OF ILCL

Personalistic Reflections Inspired by Memories of the Life of the Institute of Legislation of the Soviet Era  Pdf 16

V. V. Lazarev

Valeriy V. Lazarev
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, lazarev@izak.ru, https://orcid.org/0000-0003-0910-0609

For citation. Lazarev V. V. Personalistic Reflections Inspired by Memories of the Life of the Institute of Legislation of the Soviet Era. Journal of Russian Law, 2022, vol. 26, no. 4, pp. 147— 152. (In Russ.) DOI: 10.12737/jrl.2022.047

Adobe pdf 24  Full text in Russian

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