Based on the historical-legal and comparative-legal methods, the article examines the evolution of the institute of state of emergency in Russia from the late 19th century to the present. Legal acts of the Russian Empire, the Soviet period and the modern Russian Federation are analyzed, revealing the conceptual foundations, introduction mechanisms, competence of authorities, restrictions of rights and guarantees of their protection. Special attention is paid to the problem of balance between the need for rapid response to extraordinary threats and the risk of arbitrary expansion of executive power. The work uses both published normative materials and archival documents, works of pre-revolutionary, Soviet and modern legal scholars. The conclusion is substantiated about the continuity of some elements of the Russian model of state of emergency, as well as about a significant strengthening of constitutional guarantees of individual rights in the modern period while maintaining a number of unresolved problems.
The author analyzes the functioning problems of the local justice’s institutes: magistrates and constitutional (statutory) board. Based on the scientific works of the local justice’s researchers the conclusion is made, that legal base has imperfections. Imperfection of the legal base prevents effective protection of citizens' rights. The author offers the ways to improve the legal regulation of the local justice. The place of the magistrates and constitutional (statutory) board in the Russian judicial system is determined.
The article explores the principle that the application of legal norms must comply with legality—the primary requirement for lawmaking and law enforcement—as well as expediency. The authors conclude that simply recognizing expediency as an independent requirement of legality is insufficient; the key is to ensure the most expedient implementation of an expedient law.
This article examines the evolution of international legal decisions on the peaceful settlement of the crisis in Ukraine, beginning in 2014 (the "Euromaidan" and the overthrow of the legitimate President of Ukraine, Viktor Yanukovych), and ending with intensive negotiations in Minsk and Istanbul from February to April 2022, which were unilaterally suspended by Ukraine. The author identifies and analyzes the reasons for the ineffectiveness of the adopted international agreements on conflict resolution in Ukraine, including identifying problematic aspects in the OSCE mediation activities in the Trilateral Contact Group, as well as in peacekeeping within the framework of the Special Monitoring Mission to Ukraine. The article focuses on the current situation of the negotiation process in search of peace initiatives to end military actions. In addition, the article presents an analysis of the decision of the International Court of Justice of the United Nations of January 31, 2024, which nullified the discrediting statuses defined by Ukraine in relation to the people of the LPR and DPR as “terrorists and separatists,” which allows us to objectively qualify the status of the conflict in Ukraine through the prism of the principles and norms of international humanitarian law.
This article highlights certain aspects of the means of implementing law enforcement policy. The author pays special attention to the types and content of legal means of law enforcement policy. In addition, the author highlights the strengths and weaknesses of each legal means, as well as analyzes their mutual influence. The article focuses on the role of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in the process of forming the most significant means of law enforcement policy.
The complete replacement of public notaries with private ones became a reality several years ago in the modern Russian Federation. This has undoubtedly resolved a number of issues posed by legislators and law enforcement officials. However, complex and controversial issues remain in the organization of private notary activities. One of the problematic issues here is the restriction on combining other areas of work with notarial activity. Using a judicial act as an example, the authors analyze the controversial aspects of this segment of social relations. The paper formulates a number of scientific problems and puts forward innovative proposals aimed at resolving such complex issues.
The article is devoted to the study of the features of Russian law as the law of the welfare state. Studying them, the author proceeds from the fact that a mixed model of a welfare state has been formed in Russia, combining the features of liberal, conservative and social democratic models. It clarifies how the specifics of the functional characteristics of Russian law in the mixed model of the welfare state are determined and what exactly this specificity consists of. The purpose, functions and tasks of Russian law as the law of the welfare state are considered, as well as the main legal forms of the Russian state's implementation of the functions of the welfare state. The analysis carried out by the author allowed us to establish that Russian law as the law of a welfare state is characterized by an increasing role of political, cultural and educational functions, and at the same time both economic and social functions show signs of dysfunctionality. In conclusion, attention is focused on the fact that legal instruments that have demonstrated their effectiveness in the political and legal practice of liberal, conservative and social democratic types of welfare states are applicable in Russia only if cultural and historical realities are taken into account.
This article examines the implementation of the fundamental principle of civil law – the principle of freedom of contract – in the context of unilateral refusal to fulfill obligations. The theoretical prerequisites for the possibility and necessity of implementing freedom of contract when negotiating the terms of unilateral refusal are examined, including using the provisions of the economic analysis of law and the theory of effective breach. The problems of practical law enforcement and contradictions in regulatory frameworks are analyzed, as well as ways to overcome them through specific amendments to current legislation, as well as the use of concepts of balancing the interests of the parties and unfair contractual terms, well-known in domestic law.
In this article, the author attempts to present the concept of human rights from both doctrinal and law-enforcement perspectives, and to outline key human rights issues within the context of legal theory, the scope of law-enforcement practice, and the actual state of affairs in Russia and abroad. In the author’s view, the development of any doctrine—and the human rights doctrine in particular—depends not only on the views of its originators but also on the stance, understanding, and support of its rank-and-file adherents, as well as on their legal consciousness and their activities in law enforcement and lawmaking.
This article provides an overview and critical analysis of the main approaches to explaining the legal nature of advisory opinions issued by international judicial bodies. Using a normative approach, the author focuses on the role of advisory opinions in shaping elements of international legal custom, the development of international law, and the Eurasian integration legal order. A distinction is made between advisory jurisdiction and jurisdiction to rule on preliminary injunctions. The analysis of the similarity between advisory opinions and judicial decisions highlights the dangers of confusing jurisdictions and circumventing the principle of consent to dispute resolution. Specific practical examples are analyzed, and the conclusion is drawn about the multifaceted legal nature of advisory opinions.
The article analyzes the legal foundations of consular immunity from criminal liability. The provisions of the Vienna Convention on Consular Relations of 1963, the Consular Charter of the Russian Federation, and other regulatory acts are examined. The functional nature of immunity, which applies only to acts performed in the course of official duties, is revealed. A comparative analysis of consular and diplomatic immunities is conducted (Brownlie, 2019; Denza, 2016). The problems of law enforcement related to distinguishing between official and private acts are highlighted using case law from the US and the EU (Arrest Warrant Case, 2002; Commonwealth v. Jerez, 1983). It is concluded that consular immunity is balanced: it protects state interests without creating a «zone of impunity» for personal crimes. The study uses formal-legal, comparative-legal methods, and case analysis. The results may be useful for law enforcement officers, diplomats, and researchers of international law.
The article examines the consequences of breaches committed when using a unilateral refusal to perform obligations, methods of protecting rights in cases of such breaches, as well as possibilities for overcoming defects in the unilateral transaction under consideration when the parties' interests coincide in the need to terminate the legal relationship. It also addresses the connection between the condition for establishing payment for unilateral refusal, the procedure for its execution, and its impact on the termination of the legal relationship.
The article is devoted to the formation and development of the regulation of the career of the teaching staff of Russian universities in the XVIII – XIX c. The legal regulation of professional career was carried out on the basis of the Table of Ranks, university Charters, Regulations on awarding academic degrees and a number of departmental regulations. Russian universities were part of the state apparatus and fulfilled the task of ensuring its need for qualified officials, and university professors represented a special stratum of civil servants whose function was teaching.
The article examines issues of criminal liability in the activities of international sports federations as quasi-public entities within the system of global sports governance. It analyzes the contradiction between the private-law status of sports federations and the actual scope of the authoritative powers they exercise at the international level. The study identifies the main criminal-law risks inherent in their functioning, including corruption, financial crimes, manipulation of sports results, abuse of regulatory powers, and pressure exerted on employees and national federations, particularly those that are financially dependent. Special attention is paid to the absence of a unified international mechanism of criminal liability for legal entities and to the conflict between the principle of autonomy of sport and the priority of public criminal jurisdiction. The article formulates proposals for improving international and national regulation, extending the scope of liability, and introducing effective compliance mechanisms.
The article explores the implementation of the constitutional right to housing through the state's housing policy in the Arctic zone of the Russian Federation. It examines federal and regional programs for the construction, modernization, and resettlement of housing, taking into account the extreme climatic conditions and social characteristics of the northern territories. Special attention is given to the integration of energy-efficient technologies, support for indigenous peoples, and the inter-level coordination of government agencies. The article demonstrates that a comprehensive approach ensures the sustainable development of Arctic settlements and improves the quality of life for the local population.
The article analyzes the need to integrate environmental, social, and governance (ESG) criteria in the context of the rapid commercialization of the space industry and the global sustainable development agenda. The main risks and regulatory gaps in ESG measurements are revealed. Special attention is paid to the comparison of national regulatory regimes in the USA and in the Russian Federation, as well as international initiatives. The directions of improving the space management system to ensure compliance with ESG standards are proposed.
In this paper, a study has been conducted that addresses the analysis of the conditions fixed in legal documents under which legal transactions are considered valid in the context of Russian and French legal norms. Based on a comparison of the key civil law acts of the mentioned States, the study highlights the importance of the requirements for the validity of transactions. These requirements not only ensure the legitimacy of the actions performed by individuals and legal entities, contributing to their interests and facilitating business, but also allow government agencies to regulate civil law relations, protecting the rights and legitimate interests of all participants. The article details the similarities and differences in approaches to determining the validity of transactions between selected countries. This text focuses on the analysis of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) and legislative documents. The authors identify both the strengths and weaknesses of Russian legislation and suggest ways to optimize it.
This article explores the potential and prospects for using modern innovative technologies by Russian prosecutorial authorities in the pre-trial stage of criminal proceedings. This aspect is particularly relevant in the current era of digital transformation. The use of innovative technologies has the potential to lead to a qualitative transformation in the work of Russian prosecutorial authorities and improve the effectiveness of their participation in the pre-trial stage of criminal proceedings
The article is devoted to the formation and development of the legal framework and organizational structure of the russian notary. The authors analyze the development of the russian notary, starting with its protonotary forms and ending with the Regulation on the notarial part of 1866, when the notary received the status of an independent legal institution.
