TRENDS
Enforcing the voting rights and freedoms of citizens is a fundamental task for any democratic state, particularly amid undeclared hybrid wars. In analyzing the specific characteristics of electoral procedures’ organization in contemporary con texts, the author identifies the subjects, objects, objectives, and forms of hybrid war fare, as well as their impact on the electoral process and potential countermeasures. The author concludes that, unlike military conflicts, hybrid wars de jure lack a defin itive victor and will persist indefinitely, exhibiting varying degrees of intensity across different spheres of social relations. Moreover, during the organization and conduct of elections and referendums, it will be necessary to introduce specialized legal ap proaches to the regulation of electoral procedures and methods for their implemen tation. These measures are essential to ensure electoral sovereignty and to safeguard the electoral rights and freedoms of citizens comprehensively, especially under chal lenging conditions of external influence. The paper explores practical directions for countering interference in elections and ensuring electoral sovereignty.
Documents of strategic planning approved between 2021 and 2023 in the area of protecting traditional Russian values, culture, and historical memory stated fundamental legal norms and principles of a state-oriented value policy. The protec tion of the most significant civic traditional spiritual values — key constitutional val ues that constitute the core of Russian identity and serve as a principal factor in the formation of national interests — is normatively enshrined as a goal of law and its institutions. Regulatory acts also delineate the instruments, including legal mecha nisms, of a new direction in public governance aimed at ensuring sociocultural securi ty, enabling the legal protection of traditional values from unlawful encroachments. In addressing the task of further entrenching the principles of constitutionalism within public life, the strategic planning documents under consideration create the necessary conditions for the formation of a national civic ideology, serving as a tool for realiz ing national interests. This task is to be achieved through comprehensive interaction between the state and civil society in the embodiment of constitutional ideas into po litical and legal practices, with political parties playing a leading role in this process.
The paper provides for the definition of the concept of «the people» and the main concepts underpinning this definition. Through the lens of the definition of «the people», it is understood as a population, namely an ethnic group residing in a specific territory, the category of «electorate» as a political community and the role of voters during elections as participants in constitutional (and electoral) legal relationships. According to domestic principles of the constitutional order, the people, as the source of public authority in the country, legitimizes and formalizes its functioning and the direction of state policy. The significance of the Russian people in strengthening the foundations of Russian statehood is substantiated not only by the provisions consti tutionally enshrined in the preamble and the foundations of the constitutional order, which emphasize the key role of the multinational populace in ensuring the sovereign statehood of the nation throughout its historical development, but also by the formal (i.e., legal) recognition in the National Security Strategy, where the full implementa tion of constitutional rights and freedoms, as well as a decent life style for Russian citizens, is declared as one of its core principles.
The paper examines the negative social phenomenon of illegal migration in the context of public law, not only as a threat to national security but also as a threat to the national identity of Russian society. Given the complex nature of migration, the effectiveness of the state, its policies, and the legal regulation of migration relations, particularly in terms of counteracting illegal migration, assumes significant im portance. The study elucidates the challenges and risks that illegal migration entails direct and negative consequences of illegal migration for various spheres of life and the interests of Russian society and the state. The author evaluates the effectiveness of measures implemented in practice and proposed by researchers to combat illegal migration. The analysis concludes with an assessment of additional potential measures, including deportation, administrative expulsion, and readmission. In light of the magnitude and urgency of the issue, the author justifies the necessity of adopting a comprehensive system of measures to counter illegal migration, where the Russian state confronts not merely migrants but a global network of criminal organizations equipped with substantial financial resources and enjoying significant protection with in Russia, as well as foreign entities seeking to weaken, destabilize, and dismantle Russia. The paper proposes not only countermeasures but also a revision of the approach to migration in light of the negative experiences associated with the migration policies of the European Union. Specifically, migration cannot serve as a solution to the demo graphic crisis, as the risks outweigh the potential benefits. Addressing demographic challenges should not lead to alterations in the national identity of Russia; on the contrary, the established national identity of the multiethnic Russian nation must be regarded as an object of state protection, at least to the same extent as national security.
The paper provides an analysis of the experience of public administration in organization and implementation of the demographic policy of Russia. The authors examine Russia’s demographic policy within the context of ensuring national security. The objectives of demographic security in contemporary Russia consist of a planned, stepwise increase of the Russian nation based on the indigenous population rather than through migratory substitution, aligning with national security imperatives. Public administration in the demographic sphere, as a component of the broader societal governance system, necessitates targeted, systematic actions for the state in stitutions, authorized bodies, to address strategic objectives in this domain. This is expressed through the planning and execution of demographic policy and the implementation of oversight in this area, which requires coordinated cooperation among the organs of the Russian Federation and its constituent entities. The authors highlight the challenges associated with the implementation of previously existing conceptual documents since the 1990s, emphasizing the absence of a control mechanism for the execution of demographic policy at the regional level. The author argues that a contemporary model of public administration requires organizational and legal frameworks to effectively realize the objectives of demographic policy and to explore and substantiate optimal pathways for achieving its enhanced quality. Public administra tion in the demographic sphere must directly correlate with national security objectives aimed at achieving Russia’s strategic development goals that include the reproduction and stabilization of population rates, enhancement of public health, increase in life expectancy, reduction of mortality rates, and the formation of reproductive attitudes and behaviors.
The author proposes to examine Orientalism as a means of understanding the traditional values of contemporary Russia in the context of the humanities. The paper provides the definition of Orientalism and examines characteristics that may be useful for social scientists. The author focuses on methodological approaches that can facilitate the analysis of the mechanisms of worldview formation and identity within the framework of a modern conceptual approach, which allows for viewing Russia as a civilization-state. The author analyzes the distinct features of the Japanese worldview, particularly regarding its influence on the harmonious adaptation to the changes ushered in by contemporary times, while considering the implementation of traditional values and the mechanisms for their adaptation to modern challenges. The paper examines the specificity of the formation of the Japanese religious worldview over several centuries, revealing both the strengths and weaknesses of the Japanese mentality, and compares it with the Russian reality. By utilizing Orientalism and the Japanese perspective, the author successfully highlights the nuances inherent in the definition and significance of traditional values and constants within Russia as a State-Civilization. Interesting recommendations are presented that facilitate a deeper understanding of the traditional values of contemporary Russia, taking into account Orientalist techniques and methodologies as well as the unique aspects of Japanese identity.
FOCUS
The paper analyzes the conflict between legal norms regulating issues re lated to the determination of the extent of damage caused to the environment in gener al and to soils in particular, as well as the content of the specified concept. It examines doctrinal perspectives on the nature of ecological harm to soils. The paper examines current trends in judicial practice, including the practices of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation; it also explains the legal peculiarities of compensating for damage inflicted on soils as integral elements of the environment. Based on the research, the author concludes that Federal Law No. 7-FZ «On Environmental Protection» dated 10 January 2002 contains two opposing approaches to establishing the method for determining the extent of damage and the procedure for compensation. The author makes proposals for improving the legal regulation of damages caused to soils to resolve conflicts in legal regulation and to promote uniformity in judicial and law enforcement practice. In particular, it is necessary to: consolidate at the legislative level the priority of monetary compensation and methodologies; imperatively define exceptional cases where compensation in kind may be applied; approve requirements for the content and procedure for the approval of restoration work projects for the purpose of environmental damage compensation; regulate the procedure for state control (supervision) over the progress of restoration works; and stipulate the composition, procedure, and conditions under which expenses incurred for damage remediation may be applied in determining the monetary extent of the damage.
Global climate change represents one of the key threats to ecosystems, economies, and social stability, establishing climate security as a strategic priority for state policy. This issue is especially pertinent for Russia, where the rate of warming significantly exceeds the global average. Permafrost thawing, increasing frequency of forest fires, extreme precipitation events, and other consequences create serious mul tiplicative risks for infrastructure, agriculture, and the energy sector. The aim of this study is to conduct a comprehensive analysis of the legal mechanisms for ensuring climate security in Russia and to identify regulatory gaps. The study examines the ecological and legal aspects of climate security within the Russian Federation, ana lyzing both international and national regulatory frameworks. It elaborates on the concept of climate security as a complex interdisciplinary category that integrates ecological, socio-economic, and geopolitical dimensions. Particular attention is given to analyzing the ecological and legal foundations of climate security, including the evolution of international climate law and the gradual development of Russian legis lation in this area. The author systematizes the key principles of ecological and legal regulation of climate security and examines various legal regulatory methods. Both traditional administrative tools (prohibitions and limitations) and contemporary eco nomic incentives, such as carbon taxation and innovative market mechanisms, are considered. The study concludes that a comprehensive systemic approach is neces sary, integrating the aforementioned principles and methods to effectively counteract climate threats and ensure sustainable low-carbon development in Russia amid global climate changes. Finally, specific recommendations are formulated to enhance climate policy, including the phased introduction of a carbon tax, the development of interna tional technological cooperation, and the expansion of public oversight mechanisms.
RUSSIA
The paper presents the author’s interpretation of the events that took place from February to October 1917 and related to the establishment of a republican form of governance in Russia, through the lens of changes in worldview constants and the formation of a new national ideology. The collapse of the value system that un derpinned the absolutist regime precipitated a profound systemic crisis affecting all spheres of state and social life, with the spiritual domain being foremost impacted. The democratization of state and local governance, the municipalization of law enforce ment agencies, and the normative enshrinement of bourgeois-democratic rights and freedoms of citizens as supreme values were intended to serve as necessary conditions for the development of a new national ideology «in the name of a free Russia, the sal vation of the homeland, and the renewal of all Russian life». Based on a comprehensive examination of various sources, the author investigates the experience of the Provi sional Government in its attempts to establish the foundations of a new national ide ology and its accompanying value system. The findings indicate that such efforts were unlikely to succeed amid a context of persistent spiritual crisis, increasing nihilistic and extremist sentiments, and a multitude of other political, socio-economic, cultural, religious, and related factors.
The article presents the author’s position regarding the relationship, powers, and interactions between the State Duma and the State Council, as well as the impact of the identified facts on the political trends of Russian society. It examines the primary projects, concepts, and principles guiding the operations of the State Duma and the State Council, including their historical development and key political-legal trends. In the first part of the article, a terminological, historical, and legal overview of the studied institutions of state power is provided. The second part analyzes the origins of the Russian parliamentary system that had developed by the end of the Russian Empire. The third part synthesizes the findings of the study, establishing and analyzing the influence of the political and social processes within the Russian Parliament on the political evolution of Russian society, as well as other national societies that con stituted a part of the Russian Empire. The work conducted on primary sources, along side an institutional-functional analysis of information regarding the aforementioned state institutions, leads to the conclusion that the political and legal formalization of the positions of the State Duma and the State Council was characterized by a complex and multifaceted historical nature. The article includes facts examined in Russian historiography and analyzes the underexplored aspects of political trends in western, ethnically non-Russian territories of the Russian Empire — primarily in Poland and Finland — substantiated by research conducted by foreign scholars.
The study examines the mechanism of socialist transformation of society through the adoption of legislative acts, using the historical experience of the Soviet state as a case study. This system differed from Western parliamentary systems, since it was more resilient and capable of functioning effectively under crisis conditions, such as the Civil War or the socialist reconstruction of the national economy in the period of collectivization. This system was characterized provision for popular sup port of governmental decisions, as the interests of the people were represented in the highest state bodies by delegates to the Congresses of Soviets, members of the Central Executive Committee, and delegates to party congresses. Another defining feature was the interchangeability of legislative bodies, whereby all four supreme organs possessed legislative authority. The paper analyzes the drafting and adoption of Soviet laws during the 1920s and 1930s, using the legislation on the Unified Agricultural Tax and the laws concerning collectivization as case studies. Contrary to the common view that regulation in the Soviet system was solely based on party decisions, these examples demonstrate that Soviet laws — enacted in accordance with established procedures — served as important socio-political instruments and means of societal transformation. These laws embodied the ideas of party and state leaders, as well as representatives of the people within the Soviet and party organs, and were developed based on the theoretical frameworks developed by K. Marx and V. I. Lenin.
The paper evaluates the legal status of the Bank of Russia through the analysis of administrative, civil, and specialized banking legislation, as well as drawing on research by leading legal scholars. The author emphasizes that the lender of last resort is recognized as a legal entity, incurring expenses from its own revenue and possessing the full triad of rights with respect to its property, which nevertheless is regarded as federal property. Characterizing the organizational and legal form of the mega regulator remains a relevant problem in academic literature, arising from the terminology employed in both constitutional provisions and Federal Law No. 86-FZ dated 10 July 2002, «On the Central Bank of the Russian Federation (Bank of Russia).» Over the course of longstanding debates, scholars have suggested that the primary bank of the first level may be classified as a non-profit organization, a state institution established for public benefit, or a commercial entity with a special legal status. At present, the Bank of Russia can reasonably be described according to the criteria defined in the literature for public law entities. The necessity for participation in civil turnover, in accordance with the objectives mandated by legislation for the national bank, must be effectively balanced with its role as an instrument of the Russian Federation’s monetary policy. Without pursuing profit as its primary goal, yet nonetheless engaging in certain aspects of entrepreneurial activity, the issuing bank is characterized by its competencies in the areas of control and supervision over financial markets, thereby exercising certain state-authority functions in the management of the banking system. The author concludes that the legal entity of the Bank of Russia, which resists classification under the established terminology of organizational and legal forms, takes a unique standing among organizations endowed with public powers.
WORLD
The paper examines the concept of international legal communication as articulated by the Kuban scholar N. A. Zakharov, who investigated issues of interna tional law in the early 20th century. Zakharov formulated general principles of inter national law, though his primary focus was on international legal conflicts and their resolution. In his works, he endeavored to provide a retrospective analysis of the institutionalization of means and methods for resolving such conflicts and, drawing from his extensive experience, identified trends in the development of international law and inter-state interaction. Despite emphasizing the necessity of exclusively peaceful means for resolving international legal disputes, Zakharov also acknowledged the existence of coercive methods, including reprisals that could manifest through organized military actions. Notably, Zakharov did not categorize war as a legal phenomenon, asserting that it represents the most primitive aspects of human nature. He considered this manifestation to be inevitable, leading states to resort to war as a means of international legal communication. Thus, the role of international law lies in minimizing the destructive consequences associated with the use of such means. Moreover, Zakharov predicted an increasing importance of conciliatory procedures and methods for resolving international legal conflicts, recognizing their moral foundation while deliberately sidestepping the intricacies of the power dynamics among various states.
POINT OF VIEW
The paper examines the objectives, content, and significance of legal reform from an axiological perspective. Utilizing the communicative methodology, it investigates legal ideology as the value foundation of legal reform. Particular empha sis is placed on analyzing the content and role of the legal archetypes of etatism and conciliarity in the ongoing legal reform in Russia. This analysis leads to the conclusion that legal reform constitutes a complex of radical changes (transformations) in the legal reality, undertaken with the aim of constructing a highly effective mechanism for maintaining conflict-free coexistence within a specific society. Legal reform accumu lates and articulates the conventional values of society and determines the intentionality of legal development. Legal reform is directed not only toward partial modifications of specific issues within the legal system and the transformation of legal regulation in response to changing societal relations, but it is also intended to construct a fundamentally new legal reality. This elevates the significance of legal ideology as a value-based foundation for reform. On the one hand, ideology shapes the trajectory of legal development and influences the consciousness and behavior of citizens, thereby determining the effective functioning of both society and the state. On the other hand, legal ideology can be viewed as a conventional outcome of the value reflection on legal development from previous epochs, serving to explicate a unified system of spiritual-moral and cultural-historical values within the legal reality.
The paper addresses contentious issues regarding the legal nature of reproductive human rights and their recognition in the Russian Federation. The author notes that a considerable body of scholarly work has emerged on this topic; however, a unified approach to assessing the legal nature of these rights has yet to be estab lished. An examination of the frameworks for recognizing reproductive human rights at the international level facilitates their acceptance as such within domestic legislation. The critical question remains whether reproductive human rights should be categorized as an independent group of rights. The author observes that in Russian legal doctrine, alongside the term «reproductive human rights», several derivative categories are mentioned, including reproductive health protection, sexual and reproductive rights, the right to reproductive choice, reproductive interest, reproduc tive freedom, biogenetic rights, and even more exotic concepts such as reproductive behavior. The inundation of scientific literature with these terms is a consequence of analyzing the accumulated understandings of reproductive legal norms in both domestic and international law. Reproductive human rights are inextricably linked to the sovereign rights of individuals; their recognition as such creates legal barriers to the realization of the rights guaranteed by the Constitution of the Russian Federation. The paper also presents specific legislative initiatives aimed at infringing upon individual autonomy.