TRENDS
The paper examines the process of transforming Russian law through changes in the system of legal principles enshrined in the Constitution of the Russian Federation. The study aims to determine the influence of the state dominant ideology on existing legal relations. Based on the analysis of the rulings of the Constitutional Court of the Russian Federation, the paper illustrates the transition from the declaration of the principle of priority of human and civil rights and freedoms to the affirmation of the principle of balancing interests that has been clearly articulated in new constitutional rules, applied by the constitutional Court of the Russian Federation to interpret rules of law, and enshrined in the Court’s legal standing to ensure legal certainty and establish uniformity in judicial practice aimed at maintaining a balance of interests in resolution of legal disputes. By applying an evolutionary approach to interpreting civil law rules establish limitation periods, the Constitutional Court of the Russian Federation has focused on the changing political, economic, and ideological environment in Russian society, as well as on the legal provisions that have been enshrined in the Constitution of the Russian Federation as a result of the adoption of the Law of the Russian Federation on Amendments to the Constitution of the Russian Federation. The state’s and society’s orientation towards ensuring internal and external security, strengthening state unity and sovereignty were clarified in interpretative acts of the Constitutional Court of the Russian Federation affirming the principle of balancing public interest and legitimate private interest.
The paper focuses on the impact of the amendments to the Constitution of the Russian Federation, approved at aa-Russian voting in 2020, on the regulation of state policy in the area of national relations. The author classifies the main innovations determining management approaches to the regulation of national relations in Russia. The author justifies the compliance of these innovations with the foundations of the constitutional order and with the provisions regarding the multinational people as a subject of popular sovereignty as it follows from the Preamble of the Constitution. The author concludes that the cultural and ideological content of the amendments predominates in terms of their influence on state national policy. The paper analyzes the content of the new constitutional category «state-forming people», elucidates the cultural and ideological content of the concept that is associated with the implementation of the constitutional principle of historical continuity of the Russian Federation, as well as the legislative practice that developed before 2020. The author justifies the necessity for an official interpretation of a number of constitutional terms included in the new edition of Chapter 3 and dwells on the development of not only cultural and ideological but also political guarantees for ethnic communities, ensuring the internal sovereignty of the Russian state in the area of culture and national relations.
A group of states led by the United States is effectively conducting a hybrid war that contains such an element as «lawfare». Therefore, Russia needs a doctrinal foundation for making regulatory acts and normative-technical documents that ensure sovereignty in any incident situation affecting the interests of Russia in any domain (local, territorial, and/or global) of the virtual-informational space. The issues of sovereignizing the national space have become important and relevant. Incidents taking place in a so-called «digital» virtual-informational space require a jurisdictional mechanism for identifying (specifying) the actor (source, producer, and/or product), in particular, this involves the application of judicial jurisdiction, including expertise for jurisdictional purposes, which allows admission of judicial-expert evidence and making judicial decisions. Furthermore, in specific situations, it is necessary to apply countermeasures that must comply with the norms of response established in national legislation for situations arising in the virtual-informational space. The paper relies on categorical-tensor and producent approaches developed by the author. The paper demonstrates the need for doctrinal discussion of the categories of domain, space, and situation in the virtual-informational space. It is argued that national sovereignty should extend not only to carriers in «cyberspace» in the data space, but also to the content of sign-products (signs of information, signal messages, and/or binary data codes) that carry semiotic content (information), ideas, and/or forms representing real and/or existing entities in the virtual-informational space that can influence the psychosocial properties of the population.
The paper substantiates the leading role of historical education as an ideological and moral foundation of the state ideology of Russia. The study identifies the approximate beginning of the historical education process as the last third of the 18th century, when the first historical studies were published. Those studies insisted on sistematic presentation of the entire history of the Russian state, along with practical steps taken within the framework of enlightened absolutism. Using the chronological approach, the paper examines the most important stages of the historical education process during both the imperial period and subsequent periods, including the Soviet and post-Soviet eras. Particular attention is paid to the pivotal moments in the history of Russian statehood when the role of ideology based on historical and spiritual and moral values significantly increased: the Patriotic War of 1812, the Crimean War of 1853–1856, the Great Patriotic War of 1941–1945, and the modern period (the Special Military Operation). The paper highlights the complex and lengthy process of the formation and evolution of historical education, from the first scientific systematizations of the early 18th century, created by A. I. Mankiev, V. N. Tatishchev, M. M. Shcherbatov, and N. M. Karamzin, to the Decree of the President of the Russian Federation, V. V. Putin, «On Approving the Fundamentals of State Policy of the Russian Federation in the Field of Historical Education» (2024). The paper also attempts to analyze the practical steps taken by government authorities and public organizations in the field of historical education for the population of Russia.
FOCUS
The issue of ensuring a high level of the State economic security at all levels is always relevant. The banking sector development is always accompanied by a modification of risks. However, an increased number of risks in banking activities leads to changes in the risks structure. For financial and credit organizations, the question of increasing credit risk and the associated threats will always remain relevant. The most common threat is the threat of non-repayment. Therefore, it is crucial for any organization, especially for financial and credit organizations, to establish a clear risk management system that allows for the early detection of risks and threats and their neutralization. For the purposes of this study, banking activities can be divided into two large groups: financing and payment facilitation. Payment facilitation allows clients to conduct daily operational activities and settle with their counterparties by transferring and receiving payments in any form, using any instruments, via any communication channels. As a type of operational activity, this area has existed as long as banks have existed. However, it has only recently been considered as a business. To reduce threats, the author proposes to consider a risk management system within the banking system that can be involved in the procedure of filtering of financial threats when providing banking services. The process of managing the elements of the economic security system is based on a coordinated division of the main risk management functions in the context of all types of threats to the commercial activities of the credit organization. In forming such a model of management, the credit organization should carry out information management of the system of external credit relations to accumulate information about clients.
The paper elucidates the issues related to the administrative and legal status of the Bank of Russia as a mega-regulator of financial markets using logical and systemic-structural, functional and cybernetic, comparative-legal, and dogmatic methodologies. Currently, Russian society frequently encounters criticism directed at the creditor of last resort due to its control and supervisory policies, which are allegedly at odds with the actual economic needs of the State. In turn, the author aims to provide his own assessment of the legal regulation of the Bank of Russia’s control and supervisory powers, beginning the analysis with a study of the theoretical provisions from scientific works in the field of administrative and financial law, as well as an examination of the terminology of specific banking legislation. In the context of the latter, the mega-regulator is viewed as «another body of public authority» and a legal entity, as well as an organ of banking regulation and supervision. Based on existing doctrinal standings, the Bank of Russia is a unique public-legal institution, a tool of the state’s unified monetary and credit policy, a legal entity of public law, or an organization endowed by law with state and other public powers for public purposes. Theoretically delineating the administrative-legal categories of control and supervision, the author explains the imperatively established goals of the Bank of Russia’s activities and seeks to classify its powers and functions. The paper concludes that a competent policy of control and supervision over the financial market that meets current economic needs and the legally enshrined objectives of activity, serves as an area of interest for the primary bank of the first level, endowed with organizational, regulatory, and protective functions.
The paper examines the procedural distribution of roles among the participants in a dispute and other individuals whose rights and obligations may be affected by the implementation of the institute of securing a claim in civil procedural law.
The author analyzes the degree of activity of the court and the parties involved in the case when considering the merits of the case and when taking protective measures, in relation to the theories of civil and arbitrazh process construction and the degree of truth-seeking in the case. The author draws conclusions regarding the rules for assessing the grounds for securing a claim in related obligations, using banking legal relations as an example.
It is highlighted that the tasks of the court are not limited to resolving disputes but also aim to strengthen legality and prevent violations of the law. To achieve these objectives, the author proposes to introduce a mechanism for improving procedural legislation regulating application of the institute of securing a claim. This mechanism partially alters the rules for the distribution of powers among participants of court proceedings when a claim is secured. It is justified that these changes do not contradict the modern adversarial model of court proceedings due to the public law nature of the corresponding tasks of the court. It has been revealed that banks and other credit organizations can perform an auxiliary function in this context.
RUSSIA
The paper is dedicated to the study of law enforcement practices in the sphere of zemstvo self-government in Siberia after the overthrow of the Soviet government in the spring of 1918. In the context of political instability and civil war, the new government took measures to restore local self-government bodies based on effective legislation. The paper analyzes the efforts to restore provincial, district, and city commissariats and changes in the composition and functioning of zemstvo administrations and city dumas that were affected by the regulatory legal acts of that period. Particular attention is paid to the problems of financial support for zemstvo self-government, including the provision of short-term loans and the introduction of additional tax charges, which led to legal disputes and negative reactions in the regions. The author also examines the redistribution of powers between central and local authorities. Special attention is paid specifically to the transfer of the activities of city self-government bodies to the jurisdiction of provincial commissariats and the introduction of new norms in electoral legislation. The paper elucidates the public’s reaction and the legal mechanisms used by local authorities to appeal to the decisions of central authorities. The role of zemstvo and city dumas in the implementation of state programs and their oversight by central bodies to prevent bureaucratization and authoritarian tendencies is discussed. In conclusion, it is noted that the law enforcement practice in the sphere of zemstvo self-government during this period was characterized by strict control from central authorities and limitations on the autonomy of local authorities. These measures, undertaken within the framework of public law regulation, were aimed at maintaining law and order and effective state governance amid political instability and financial crisis.
Within the framework of analyzing theoretical approaches to understanding the concept of sustainable development, its reflection in international and national legal acts, as well as doctrinal approaches to the mechanisms of its implementation, the author presents a position on the current and target state of Russian legislation regulating relations in the field of sustainable development. Taking into account the universally recognized and established approach to understanding the Concept of Sustainable Development as based on the interconnection of social, economic, and environmental aspects, the author proposes to consider cultural progress and methods of public management as unnamed aspects of sustainable development. Based on the approaches developed in the doctrine to understanding the legal support of sustainable development and the scientific understanding of the term «legal mechanism», the author provides a classification of political and legal mechanisms for implementing sustainable development. Following the analysis of the set of acts regulating relations in the field of sustainable development, the author concludes that there is no unified terminological foundation in either international legal acts or domestic legislation. The author emphasizes that the values of sustainable development enshrined in the post-reform Constitution of the Russian Federation form a sufficient value basis for the implementation of state policy in this area, while the existing system of national legislation lacks effective mechanisms for achieving the goals of sustainable development. In light of the current legislative activity aimed at establishing an interconnected system of criteria in the field of business implementation of sustainable development goals and monitoring their achievement, the author notes positive trends in national regulation of sustainable development issues.
The paper elucidates the development of state policy on spiritual and moral education in the Russian Federation and its influence on the formation of the state ideology. Constant changes taking place in various spheres of international and national relations contribute to the transformation of society, restructuring and formation of new ideals and values, and in some cases, they lead to dissension in the society. State policy in the field of spiritual and moral education should contribute to strengthening the moral and ethical foundations of society. It should help form a strong civil society whose activities are aimed at preserving cultural heritage. At the same time, in the context of a multinational state where different peoples have their own history and traditions, spiritual and moral education should not only strengthen the unity of society but also preserve the historical and cultural characteristics of all peoples. Largely, the moral and ethical ideals of society are shaped by the historical, political, and cultural development of the country and society. Therefore, the modern legislative framework should be formed based on the existing trends in the socio-cultural sphere. The study of contemporary challenges and problems is most valuable for legal research. Thus, it becomes possible to develop legal regulation and ensure that the legal system meets the current needs of society. Measures aimed at implementing state policy can be implemented only after the foundations of legal regulation are formed.
WORLD
The paper is devoted to the issue of the legal formalization of the Roman emperor’s power and its reflection in the perception of contemporaries. Having risen to the pinnacle of power after the final victory over Antony and Cleopatra in 30 B.C., Octavian had to develop a legal justification for his exceptional position in the Roman state. Public opinion, particularly the stance of the old Roman aristocracy (the nobility), prevented him from assuming triumviral, dictatorial, or royal powers. Therefore, the politician chose the path of gradual concentration of traditional republican institutions in his hands, which ultimately formed the unique institution of imperial authority in Ancient Rome. By 23 B.C., the main legal contours of the emperor’s institution had been determined: it was based on the power of the tribune of the people (tribunicia potestas) and the supreme proconsular imperium (imperium proconsulare maius). The source of Augustus’s power, who preferred to call himself princeps («first among equals»), was designated as the civic collective, vividly expressed in the preservation of legislative authority by the popular assemblies (comitia). However, the study suggests that, despite all the legal intricacies of the princeps, many Romans still perceived him as an absolute monarch, possessing legislative and «moral» authority that stemmed not from civil society but from divine sanction. It is quite likely that such collective representations served as an additional, if not key, factor in the further strengthening of the «monarchical» element in the development of the principate system under subsequent emperors.
. The paper is devoted to describing methodological foundations for studying medieval political symbolism in the context of researching legal consciousness. To achieve this purpose, the author acknowledges the subjectivity of political rituals and texts (in a broader sense) where they are represented and the subjectivity of the researcher’s perception. This leads to the identification of irrational and affective aspects of symbolism as a way of thinking and understanding political and legal reality in the process of transmitting values and meanings. The author aims, using tools provided by hermeneutics, imagology, semiotics, and other methods that constitute the cultural-anthropological approach in jurisprudence, to identify the features of medieval legal consciousness in both the representation of royal power in political communication and its perception by different social groups. The author examines the processes under consideration within the framework of medieval Spain, taking into account that from the 9th to the 15th centuries, significant changes occurred with regard to the evolution of early medieval statehood and law and their transformation into the typological political and legal model of the modern state and law. This makes it possible to identify in the development of royal power symbolism diverse civilizational influences that became the basis for the formation of Spain’s state and law system, namely, Roman, Byzantine, Arab, and European. Each of these civilizational models significantly altered the interpretation of the symbols, introducing something new. In this sense, the author justifies that the symbols of royal power in Spain visually were the same as the symbols of power in other European countries (crown, throne, scepter, etc.), but their content could differ significantly, shaping the corresponding national identity.