TRENDS
The paper is devoted to the study of issues of state sovereignty in the modern discourse covering the problems of security and national identity. Reconsideration of the basic provisions of public law is preconditioned by the development of new digital technologies and the formation, along with the territory and the population assigned to the territory, of a virtual space that expands with the development of new information technologies and their transformation not just into publicly available, but into permanent and necessary means of social interaction. The paper discusses the concepts of «sovereignty» and «security» based on the idea of state unity, the concept that is necessary for a multinational state. The Russian state formed as a result of amalgamation of European and Asian ideologies has become a carrier of a specific DNA code. The desire to achieve a balance between the individual, private and social, and public is what is necessary for modern Russian society that is now socio and economic pressure. Achieving this balance is possible only by means of taking into account modern conditions of scientific and technological development and simultaneous appeals to historical memory, to the ideas that are psychologically close to the Russian people. The author believes that transformation of the concepts of «sovereignty» and «security» means expanding their content, since security and state unity become integral features of state sovereignty along with the independence of the state and state power. At the same time, within the framework of security, information security is becoming the most relevant, since information and information technologies, which many states are trying to reach (natural resources are only means for improving new technologies), have become a determining factor in the development of the state.
The paper attempts to explain the debatable issues of the need for effective regulation of relations using artificial intelligence (AI). The author examines the legislative and theoretical understanding of the content of the concept of AI, the approaches and characteristics prevailing in Russian and foreign legal literature and identifies some problems of the lag of the national industry from global indicators in the context of AI development. The author attempts to determine the methodology of the phenomenon under study. The paper introduces a special legal regime involving the joint regulation of relations using AI. It is emphasized that new forms of social relations must be integrated into the existing matrix, preventing introduction of heterogeneous concepts that blur the subject, method, and system. The paper analyzes standings of domestic and foreign courts. At the same time, within the framework of the study, the author analyzed theoretical and practical aspects that showed «painfulness» of the issues under consideration. A number of conflict-of-laws problems has been identified. The solution of these problems is possible only with proper characterization and scientific understanding of public relations. The author has made specific proposals aimed at improving legislation in the field of ways of interacting with debtors. The paper provides for examination of approaches to the expediency of granting artificial intelligence the status of a subject or object of a legal relationship. Conclusions and provisions explain the author’s understanding of the problem and a proposal to develop a new scientific legal category «innovative potential of law». The author focuses attention on the need to develop a special federal law regulating relations containing such an element as artificial intelligence, primarily categorizing the corresponding conceptual and categorical apparatus and defining its possible structural elements.
FOCUS
The paper is devoted to the study of the historical evolution of arbitration as one of the methods of dispute resolution. The paper examines in detail the origins and development of arbitration proceedings. It also proves that arbitration appeared long before the emergence of state courts. The author explains the role of arbitration tribunals in ancient civilizations, their influence on the medieval justice system and transition to modern dispute resolution procedures. Special attention is paid to the influence of reception of Roman law on the development of arbitration fora. The author refutes the misconception about the weak development of the institution during the period of feudalism in two key states: England and France. The paper studies the evolution of arbitration in Russia separately. A comparative legal analysis of the States under consideration demonstrates that arbitration proceedings have developed in various contexts. The article examines and examines the factors and causes that negatively or positively influenced the development of arbitration. The analysis of regulatory legal acts related to the institution under consideration is carried out. The author concludes that the only fundamental enemy of the existence and prosperity of arbitration courts is a strong and centralized state power. The conclusion is formulated that arbitration has turned out to be an integral part of different cultures and legal systems at different stages of history. This diversity was due to common patterns, but each society gave this institution its own character and traditions manifested in the forms and methods of work of arbitration tribunals.
Arbitration courts constitute an important tool in ensuring the legal regime for transactions and disputes in the global economy. They are independent and neutral bodies that consider disputes between the parties and make final decisions. At the same time, arbitration courts try to settle disputes quickly and efficiently, which facilitates business development and investment policy. The foreign experience of arbitration courts can be useful for improving the work of arbitration in Russia. The myth of the high costs and complexity of the arbitration procedure in the West has long beendispelled. In fact, arbitration in many countries is a more efficient, cost-effective and fast way to resolve disputes as compared to courts of general jurisdiction. One of the key features of Western arbitration courts is application of law intended to resolve certain types of disputes. This allows judges to have a deep understanding of processes, business and legal practice, which significantly speeds up the procedure. The paper examines the foreign experience of arbitration tribunals in various countries. The author explains basic principles on which the work of arbitration courts is based and highlights the best practices that can be used to improve the work of arbitration in Russia.
RUSSIA
The paper explains issues related to the history of the emergence of res judicata (prejudice). A retrospective analysis of the institution of res judicata, starting from Ancient Rome, according to the authors, allows us to answer the question of the need for the institution of administrative prejudice. The authors consider the issues of functioning of the legal institution of administrative prejudice. They examine the content of the categorical apparatus in its evolution. The paper also examines the issue related to the intersectoral nature of prejudice and the essence of prejudice and its place in the Russian legal system in our time. The authors touch upon the issue related to the existence of prejudice in sentences handed down taking into account the procedure of a shortened inquiry. The analysis of the procedure of the shortened inquiry is carried out, the problems of the procedure of the shortened inquiry are considered. Today there is no unambiguous opinion when answering the question related to the admissibility of the verification of a decision made earlier by another court. There is also no unambiguous answer to the question related to the prejudicality of a court decision in a civil case and its competition with expertise in criminal proceedings. The authors provide their position regarding the existence of prejudice in the system of Russian law and carry out the analysis of normative legal acts containing provisions concerning the prejudice. The authors believe that the study of the feasibility of the existence of the institution of prejudice and the evolution of this concept is of practical importance in legal training.
Trading at stock exchange is the result of the evolutionary development of wholesale trade, in particular trading at fairs. At the present stage, the stock exchange is one of the main instruments of the financial market that ensures stable functioning and development of the economy. In modern conditions, the ongoing economic changes in Russia against the background of sanctions from Western Europe and the United States and the withdrawal of a large number of foreign companies from the market have led to unfavorable processes in the country’s economy. Therefore, it is the state authorities that play the main role in leveling the negative consequences in trade and economic relations, searching for various methods aimed at supporting the financial well-being of the country in the current crisis. The purpose of the study is to identify patterns in the development and formation of exchange legislation based on the study of the features of the state law foundations of banking trade in its historical retrospect. The state-legal regulation of exchange relations is studied in the context of the historical and legal method in jurisprudence. Based on the study of the legal regulation of stock exchange trading, the author has identified a two level system of exchange activity legislation: the national level and by means of exchange charters. During the research period, the legislator, despite various projects, failed to adopt a uniform regulatory legal act regarding exchange trading and limited itself to various rules to fill various gaps in this area. Exchange charters regulated the rights and obligations of subjects of exchange relations, bodies and rules of exchange trading. The author concludes that legal regulation of exchange trading by the state is insufficient, unified policy aimed at maintaining exchanges in the conditions of the growth of capitalist relations has not been developed.
WORLD
The paper provides for the main results of a study of the fundamental legal and organizational approaches to the development and improvement of international sports diplomacy tools in modern conditions of the adverse impact of international sports sanctions imposed on Russia, as well as not the most positive impact on China, a strategic partner of our country. In the course of the study, the author determined the main mechanisms of legal support for sports diplomacy, implemented in the international arena, primarily in the format of the UN Millennium Development Goals, realizing the possibilities of using sports as the main tool to promote the achievement of such goals, including integration of sports and physical activity in international and domestic development strategies and plans implemented by member States of the universal organization. Based on the experience of a number of industrially developed countries of the world, the paper highlights the most efficient approaches to the legal regulation of sports diplomacy methods. It is determined that the methodology of legal implementation of the DPA implemented by Russia and China largely coincides, but requires its own development and the introduction of innovative methods of legal regulation in this area. The paper analyzes the main shortcomings of the legal regulation of refereeing issues in relation to Russian and Chinese athletes at major Olympic-level sports events and elucidates legal approaches to the issues of media support for sports events that promote Russia’s goals in the sports sphere. Proposals have been made to improve the legal regulation of DPA methods not only at the Russian national level, but also in the format of regional international organizations, primarily BRICS and SCO, which is especially important in modern conditions of the formation of a new polycentric system.
The paper is devoted to the Constitutional Charter of Prussia of 1850 and the consequences of its creation. The author dwell on the reasons and conditions for the adoption of this act, touches on the main goals of the legislator. The author comes to the conclusion that the real purpose of the Prussian constitution was the removal of social tension and elimination of political instability that arose in the country after the March Revolution of 1848–1849. The author also studied the main characteristics of the police state. In general, they include a high level of control over the population by the state, as well as restrictions on the rights and freedoms of citizens. The paper analyzes the general content of the Constitutional Charter. It is assumed that, despite the outwardly democratic content, the declaration of a wide range of rights and freedoms of citizens and declaration of constitutional monarchy with social representation, the Constitution had a significant impact on strengthening the police state regime in 19th century Prussia. The author demonstrates contributing specific mechanisms and means, among which are the legal possibilities of restricting the rights and freedoms of citizens and the actual concentration of full power in the hands of the monarch. The author puts forward a position on the significant impact of the Constitutional Charter on world and national constitutionalism due to the legal consolidation of developed democratic institutions. The author concludes that it was the regime of the police state that allowed Prussia to win over Austria in the struggle for a dominant role in the unification of Germany, since it contributed to the elimination of political instability and the elimination of the crisis of power in the country.
The paper highlights that, unlike the law, custom in most modern constitutions is not named as a source of national law. Nevertheless, according to the laws, especially in the field of civil law, the role of custom as a source of national law is traditionally supported. In this context, the author analyzes the meaning of the terms «custom», «legal custom», «customary law» used in documents and in academic and legal studies. The paper examines why in one case general practice qualifies as a rule of national law, and in another cases this does not take place. The paper gives various definitions of these concepts proposed by legal scholars, both domestic and foreign. The characteristic of the nature of custom in the legal system of the Russian Federation is presented, taking into account the fact that in its current constitution «custom» (or «legal custom») is not named among the sources of law, but the role of custom in civil law, for example, is preserved. In the format of a comparative legal analysis, the author outlines the role of custom in a number of countries (at the same time, a characteristic of custom in the law of Great Britain is proposed as case-law, where custom has long been recognized as a source of law), when comparing the importance of customary norms in the hierarchy of sources of national law in the countries of the Shanghai Commonwealth Organization. In conclusion, the author proposes some theoretical generalizations on this topic.
POINT OF VIEW
The Department of History of the State and Law of Kutafin Moscow State Law University (MSAL) celebrates its anniversary this year. August 27, 2023 marked the 70th anniversary of the day when the Order of the Ministry of Culture of the USSR No. 1501 established a separate structural subdivision of the VYuZI (Higher Law Correspondence Institute). During all these years, the Department of History of the State and Law, within the framework of its own historical and legal school, has been creating extraordinary and already classic state law concepts. And in this significant year for the Department of History of the State and Law, we would like to turn to the sacred question for any legal historian about historical and legal science, its certain characteristics, features, place in modern Russian jurisprudence.
The paper is devoted to the methodological experience of using English-language educational platforms in the academic and educational vector of the Russian law university, namely, Kutafin Moscow State Law University (MSAL), as a tool of novelty, relevance and encouraging efficiency of academic comparative studies of various participants of legal discourse and for their professional growth. As an example, the author of the paper chose two English-language interactive educational platforms: www.lawshelf.com and www.edx.org using which, in an online format, students can immerse themselves in various branches of law of English-speaking jurisdictions, expand the terminological apparatus of the researcher in the branches of law of interest, successfully and productively participate in the academic and research life of the university, participate in academic events in the international arena. Also, they can be able to write and verbally communicate their scientific views and ideas in English, increase both their individual publication activity and productivity as researchers and the university academic indexes as a whole. The paper also emphasizes the importance of the ability to work with various citation standards in English and American law schools, depending on the goals of the study and the place of publication (according to the systems of Harvard, Oxford, Chicago) for the ecology of the culture of academic speech, avoiding contamination of academic speech and linguodigression. The university’s scientific schools and student scientific circles are presented as elements of linguoecological monitoring — a system for monitoring the state of the scientific linguosphere of legal discourse and its individual sections, as well as broadcasting the scientific culture of professional communication and the motivational niche of publication activity and productivity of all participants.