TRENDS
The paper elucidates the role of a literacy narrative in the construction and content of domestic legal discourse. On the basis of communicative methodology, the author examines the value aspects of the impact of the fiction on the consciousness and behavior of subjects of law and the construction of legal reality. An analysis of the literacy narrative as a collection of works of fiction having existence in a certain space-time continuum made it possible to conclude that the literary narrative is both a specific form of knowledge of legal reality and a means of influencing human consciousness and behavior in the process of legal socialization. Of all the sociocultural paradigms that mediate a person’s perception of the essence of law, not only in the legal, but also in the social sense, it is fiction that occupies the most significant place. Being a form of collective consciousness, a literary work in the process of legal communication broadcasts information about value attitudes, the implementation of which will make it possible to give the addressee’s legal behavior a purposeful character and ensure its identification with the community of which he is a member. The images of law and legal reality formed in domestic works of art are an explication of legal archetypes and broadcast the primacy of the value component of legal reality over the normative.
The amendments in 2020 to the Constitution of the Russian Federation of 1993 were a decisive step towards strengthening sovereignty in the international arena and the reception in the Russian Federation of historical traditions and value attitudes characteristic of Russia in any historical form of its statehood. The unity of state ideology, which is directly prohibited in the chapter «Fundamentals of the Constitutional System» of the Basic Law of Russia, has become the subject of special attention of the developers of the text of constitutional novels due to the impossibility of amending chapters 1, 2 and 9. Additions and changes made to chapters 3‑8 positively influenced and significantly softened Art. 13 (part 3), but did not completely eliminate the problems and contradictions between constitutional norms and the objective need to restore the ideological sphere in the Russian state, before the growing aggressive expansion of alien values imposed by a number of unfriendly countries. The discourse taking place in the scientific community and at all levels of public power in the state on the issue of the invariability of chapters 1, 2 and 9 of the Constitution of the Russian Federation leads to the idea of the advisability of revising the current constitutional act in the future. At the present stage, positive prospects are noted in solving ideological, socio-economic, geopolitical and other problems, as well as developing an effective strategy in the field of national security of the Russian Federation, which is greatly facilitated by the updated and improved Constitution of the Russian Federation in 2020.
FOCUS
Mikhail M. Speransky was a versatile person, who knew law, politics, philosophy, mathematics, physics, eloquence. Even Napoleon was impressed by the sharpness of the mind of the Russian political figure. The statesman clearly understood the needs of the society of the 19th century, realized what and how it was necessary to bring the Russian Empire into the state system in order to improve it. Indeed, a detailed analysis of the constitutional project of the great reformer is of great importance for the history of Russia. Thus, research on this topic remains relevant now. Mikhail M. Speransky is a key figure who found himself at the junction of two eternally opposing movements of socio-political thought, namely: conservatism and liberalism. The reformer was a supporter of liberal transformations, but for their successful implementation it was necessary to have a society, albeit conservative, but internally ready for new trends in politics, state and law. Why did a statesman with radical views fail to fully implement his ambitious plans? Is his large-scale plan only a ghostly illusion? The paper examines the main directions of the liberal policy of Mikhail M. Speransky in the process of creating and trying to implement a constitutional project, analyzes objective and subjective socio-historical factors that influenced the possibility of the actual implementation of the ideas of an astute and wise state and legal figure. Special attention is also paid to the significance of the personality of Mikhail Mikhailovich — a reformer with radical views — in the history of our country. Undoubtedly, Mikhail M. Speransky formulated a large number of liberal postulates governing the creation of a rule of law. Echoes of some of his ideas can be seen in modern concepts and principles implemented in Russia.
The paper examines genesis and evolution of pre-revolutionary constitutionalism in Russia. The subject of research is the origins and theory of constitutionalism and the political and legal embodiment of the practices of the Russian constitutional movement of the period of 19th — early 20th centuries. Pre-revolutionary constitutionalism arose during the reign of Alexander I and theoretically developed throughout the 19th century and achieved its goal at the beginning of the 20th century. The adoption in 1906 of the Basic State Laws of the Russian Empire became the political and legal result of the development of Russian constitutionalism. As a result of the adoption of the Basic State Laws of the Russian Empire, the legal restriction of absolutism by the legislative State Duma and the State Council would occur. To conduct a historical and legal analysis of the theory and practices of domestic constitutionalism, pre-revolutionary sources and regulatory legal acts were used during the study. The analyzed historical documents became an expression of the constitutional ideas of the 19th — early 20th centuries. The paper concludes about the influence of the historical process and the features of Russian statehood on the formation and development of constitutionalism. The main reasons that caused the limitation of absolute monarchy in Russia were the defeat in the Crimean War of 1853–1856, the era of the «great reforms» of Alexander II, the populist movement of the 1870s — early 1880s, and the first Russian revolution of 1905–1907. The 1st and 2nd Convocations of the State Duma were the greatest manifestation of constitutionalism in the Russian Empire. However, as a result of the «Third June Coup» of 1907, the momentum of the progressive movement towards the rule of law was lost, which became one of the reasons for the bourgeois-democratic February Revolution of 1917.
The paper dwells on the issue of respect for labor and social rights of individuals enshrined in the Constitution of the Russian Federation in sectors of the economy that are partially or completely switching to activities in an economic model based on the use of digital platforms (platform economy). The strengths and weaknesses of this method of organizing activities for workers employed in the industries under consideration are elucidated in the context of both labor and civil law relations, including workers having the status of self-employed workers. The main possible reasons for the transition of economic entities to activities within the framework of the platform economy, including with a change in the nature of legal relations, are justified through a set of objective (economic and social) and subjective (related to the education, abilities and motivation of a potential employee) reasons. Avito.ru Internet platform is monitored to find job vacancies, within which ensuring the proper implementation of сonstitutional rights of citizens is possible exclusively within the framework of labor legal relations. The analysis of the conditions of employment offered by actual employers reveals typical potential and actual violations of human rights in relation to both an employee and third parties. Based on the results of the analysis of practice, the author offers a number of measures aimed at eliminating the identified prerequisites for violating the constitutional rights of citizens. In particular, the ban on attracting persons as self-employed to perform work or provide services that pose a threat of violation of their rights or the rights of third parties in the event of this activity outside the framework of labor legal relations, as well as the possibility of recognizing civil law relations between the actual employer and an individual in the status of self-employed actual labor relations.
RUSSIA
The paper presents an author’s analysis of the organizational and legal basis of the prikaz system that was formed in the Russian state at the end of the 15th — first half of the 16th centuries. In the period under review, the previously existing palace and patrimonial system of organs, aimed at solving the applied tasks of ensuring the management of the princely court, but assuming the presence of boyar estates, could no longer effectively respond to the challenges the state faced. There was a need for centralized state control and management bodies. Prikazes were such bodies. At the same time, the level of development of law made it possible to give both the prikaz system itself and its functioning normative features. The sources of that time not only mention certain bodies and positions, but also establish the foundations of their legal status: a place in the system of government and administration, rights, obligations, responsibility. Of course, such a consolidation, that was fundamentally different from the previous approach to this issue, at the end of the 15th — the first half of the 16th century was not systemic and comprehensive. At the same time, it is obvious that it had already taken shape. The authors considered the signs of the origin of legal regulation of both the organizational structure of prikazes and the procedure for their functioning. According to the results of the study, it is concluded that at the end of the 15th — the first half of the 16th century organizational and legal foundations of the prikaz system of the Russian state had already begun to form on the basis of key regulations of that time — the Judicial Code of 1497 and the Judicial Code of 1550. Acting under the control of the sovereign, the prikaz system acted as the core in the management of the united state. The fundamentals of the functioning of orders laid down by the legislator provided effective leadership and a systematic approach to solving domestic problems.
The paper provides a legal analysis of demographic processes in Russia in a retrospective aspect during the pre-revolutionary period. The solution of demographic problems in the Russian Federation at the present stage is possible only taking into account the historical and legal experience of state legal regulation of public relations in the demographic sphere, including in the Russian Empire, taking into account positive historical and legal traditions. It should be borne in mind that demographic processes influence the possibility of making and implementing management decisions at the national and regional levels. State legal demographic policy is an integral part of the legal policy of the state as a whole. The paper examines the stages of the formation of demographic policy in the Russian Empire, its place, role, and goals. The author defines demographic processes, demographic policy, and its modern representation in the norms of law. The paper describes correlation between social policy and demographic policy of the State. The importance of the development and State support of demographic policy in particular and social policy in general is determined. The author analyzed several laws of the Russian Empire adopted from the 18th to the 20th centuries, determined features of demographic and social policy. The author takes into account statistical data of the 1897 census that became the first general census of the population, which determines the quantitative and qualitative composition of the population of the Russian Empire. The paper investigates major reforms in labor relations, health care, pension reforms.
The paper presents the author’s point of view regarding the spiritual sphere of Russian society, changes in which were caused by the crisis resulting from the revolutionary events of February 1917, and the related experience of building a new ideology in the conditions of the transitional state law system in the Russian state in March-October 1917. The author, based on the study of a wide range of sources, critically analyzed this experience and made a number of conclusions: such construction in the conditions of permanent spiritual crisis was difficult and it was conditioned by a set of factors, namely, political, socio-economic, cultural-religious, etc. The author’s analysis of this experience was based on the study of a wide range of sources. The state of a state law anomie, that can rightly be considered one of the characteristic features of the transitional state-legal system, was the result of a deep spiritual, religious, ideological, cultural conflict that emerged, starting from the first days of the formation of the «new» Russian state, and the resulting spiritual vacuum and situation of ideological and religious uncertainty. The changing position of the Russian Orthodox Church in relation to the new bourgeois government and its reformist plans due to the political situation also contributed to the deepening of the spiritual crisis in Russian post-revolutionary society. The emphatically indifferent position of the Russian clergy towards the Provisional Government once again emphasized the unpopularity of its decisions in the eyes of society, deprived its projects of ideological support. Thus, this contributed to the loss of the government’s authority among the population. Under such conditions, all attempts of the central government to form a new post-revolutionary bourgeois-republican ideology were unsuccessful.
WORLD
The paper provides a brief analysis of the causes and reasons for military conflicts and wars in the past and present and makes a forecast for the future. By comparing ideological differences and commercial goals, the author concludes that economic priorities are the primary causes of military conflicts and wars. Analyzing historical examples, the author shows that economic priorities have always been the main reasons for unleashing military actions. The main objectives that the aggressor solved by unleashing war were: expansion of the territory of its habitat; plundering of the defeated; transformation of the defeated population into slaves (cheap labor). These priorities, in the author’s opinion, are the main ones in all wars and armed conflicts in history. Similar tasks are currently being solved by the industrial and banking oligarchs of the United States and the United West in the Middle East, Africa, Latin America and Europe. Other goals and objectives of wars and armed conflicts are secondary and can be realized as additional ones. In this regard, the question of the primary and secondary objectives of commercial benefit and ideology is resolved in favor of commercial benefit. In the paper, on the basis of scientific and research works of the author, it is concluded that the current situation in the world is a well thought out and carefully calculated by the financial oligarchs of the United States and the united West, when a commercial project and its realization should bring them substantial profits, and the population of the planet Earth — destruction, grief and suffering.
The paper is devoted to the problem of international cooperation between the Soviet Union and Japan in the 1920s. The author uses the method of historical and legal analysis to examine the convention on the basic principles of relations between the USSR and Japan that was adopted in 1925. The Convention was one of the first significant historical instruments of the 20th century within the framework of the development of the Russian Far Eastern political program. The author examines the document from a historical and legal point of view in order to reveal its legal component and deepen the understanding of its diplomatic significance and influence on the development of international relations in the first half of the 20th century. The paper presents historical resources on the key reasons and conditions that led to the signing of the Convention. Particular attention is paid to the analysis of the Convention’s content, basic principles of cooperation enshrined in the Convention that laid the foundations for the regulation of relations between the Soviet Union and Japan. The author also examines the consequences the Convention had for both countries both in the short and long run. The study presents the author’s standing regarding the contradictory nature of the Convention of 1925 expressed in realization by the parties of their foreign policy objectives through unequal concessions, particularly for the USSR. The contribution of the Convention to the formation of political and economic relations between Japan and the USSR in the following years is emphasized.