TRENDS
Cyberspace has become an integral part of the modern world transforming traditional social institutions having a tremendous impact on all processes taking place in society. Such a degree of influence requires effective means of legal regulation. The extraterritoriality of cyberspace and its significance within the framework of the concept of the common heritage of mankind do not allow us to apply traditional ways of regulating public relations, forcing us to look for more relevant and optimal models. A universal approach to solving this problem has not been developed so far. The problem of developing norms for regulating relations developing in cyberspace is not so much legal as political, strategic in nature, which does not allow states of different ideological views and ideas to come to a consensus on this issue. The article analyzes advantages and disadvantages of alternative models of cyberspace regulation in order to identify the most optimal mechanism in the modern world. The results of the study demonstrate the absence of a single ideal model of regulation. Due to the low probability of reaching consensus in cyberspace regulation in the near future, a proposal is made on possible options for starting an international dialogue concerning development of optimal regulation: the idea of an integrated approach in the field of the Internet regulation, combining the strengths of each of the approaches under consideration. The concept of participation of all stakeholders in the decision-making process concerning regulation of cyberspace, based on generally recognized principles and norms of international law and taking into account the specific nature of the cyber environment, can potentially act as a new model for regulating the digital space.
The article examines international law instruments and acts of national legislations of various states regulating space exploration activities and their practical application. Particular attention is paid to issues related to the implementation of mechanisms of international law responsibility arising from the misuse of outer space. The cooperation of States in the field of space exploration is extremely relevant and is of particular importance in identifying the owner of the spacecraft that should be held accountable. The problem also lies in the fact that even with the legitimate use of space, situations arise when it is necessary to decide on damage compensation — who, to whom and in what amount will compensate. It is not uncommon for a launching State to resort to the deliberate destruction of a space object. They must take into account the criteria developed in the normative legal acts discussed in the article. With the development of technology, there are more and more opportunities to use space not only for scientific, but also for commercial purposes. Therefore, the methods of bringing to responsibility should be more effective than the existing ones. The author proposes directions for development of legislation in the field of space activities. These directions will encourage implementing slightly different responsibility mechanisms that largely take into account the interests of States. The activity of extracting minerals for the purpose of further use as building materials on Earth is becoming widespread. Thus, the national legislation of States begins to adapt to such changes.
The article examines the current state of the institution of property rights and sovereignty in international space law, analyzes the problems of the institution of property rights and sovereignty in outer space, in particular, the contradictions between the existing norms of international space law and the economic interests of large corporations and States. The authors have identified the provisions of existing international agreements in international space law that conflict with the interests of States and corporations, reviewed statements, regulatory legal acts, economic, political and legal initiatives of entities interested in changing the current international regulation of space, demonstrating the existing contradictions. The article also analyzes and evaluates from the perspective of law the models of hypothetical embodiment of this contradiction and its solution in works of culture and art, primarily in science fiction literary and audiovisual works. Based on the existing international legal regulation, analysis of the economic interests of States and private corporations, as well as the models studied, the authors propose a forecast regarding possible scenarios for the development of international space law in relation to the regulation of the institution of property rights, sovereignty, international cooperation in outer space, taking into account the contradictions outlined above. These scenarios differ in their established way of regulating the right of ownership and sovereignty in outer space, the role of international organizations, the direction of changing the existing international space law towards the development and ultimately practical implementation of the existing concept of space as «the heritage of all mankind,» or towards the privatization and nationalization of space. The article also offers an analysis of the activities and future plans of existing international organizations to change the regulation of outer space.
FOCUS
The article provides the author›s view concerning an organizational role of the rule of law policy in construction of an institutional state and in the formation of the public law basis of the supreme state power. This problem is considered in the context of implementation of the legislative policy of Peter I and Anna Ioannovna. The author put the focus on turning the monarch into the sole guarantor of justice and increasing his socio-political image in the perception of social groups of subjects endowed with various rights of estate. Measures in the field of strengthening the rule of law are considered through the prism of supranational political and legal strategies of the Russian autocracy, ensuring the dominance of the monarch in the political system of the Russian Empire against the background of the slow formation of imperial state law institutions, an archaic legal system and the absence of systematized legislation. The article describes main synchronous directions of legislative initiatives that ensure the formation of a special status of ruling persons in lawmaking and the judicial system. On the one hand, it is a block of nominal decrees and other normative legal acts initiated by the monarch, formalizing the activities of a number of state institutions and increasing the personal responsibility of officials for violating official instructions. On the other hand, the development of mechanisms for the monarch›s personal intervention in the justice system in order to fill gaps in legislation mitigates criminal liability of individuals, strengthens socio-political support for the supreme state power by establishing a balance between the ideal of the «common good» and the private interests of all members of society. Based on the historical material, the conclusion is made about the decisive importance of the rule of law policy in achieving consensus between the state and society with the help of organizational and legal means that provide an individual or a social group with the illusion of social stability and inviolability of the state legal system.
The article provides a historical and legal analysis of the document «Report on the involvement of representatives of the population in legislative activities» by M. T. Loris-Melikov. It is known that constitutional projects were drafted in the Russian Empire by S. E. Desnitsky, M. M. Speransky, N. N. Novosiltsev. However, the initiatives of these figures were rejected by the sovereigns, since the tsarism that existed in Russia did not tolerate the distribution of state power between various institutions. The project authored by M. T. Loris-Melikov was characterized by a focus on attracting elected representatives to the legislative processes. It should be noted that it was approved by Alexander II and had a chance to be implemented. The author highlights the importance of Loris-Melikov›s work since the implementation of the provisions of the draft of the Minister of Internal Affairs could contribute to the formation of parliamentarism in Russia and the formation of the state on the path of constitutional monarchy within the framework of the general liberalization and democratization of state institutions during the Great Reforms of Alexander II. The author believes that the study of the so-called Loris-Melikov Constitution can contribute to a deeper consideration of the controversial process of the formation of Russian parliamentarism; hence, according to the author, there is a research interest in the issues considered in the article.
RUSSIA
The article explains that guild associations were the first types of corporations in the Middle Ages in Russia and highlights that the workshop acted not only as an economic association, but also as a certain kind of political organization. The paper shows how the workshop built a system of control over the processes of manufacture and sale of goods. In addition, the author explains the public law nature of the workshop organization. The study was based on the acts of the 15th–17th centuries. The question of the existence and workshop organization in Russian cities of the 16th– 17th centuries is debatable in the scientific literature. This article proves that, despite the fact that there were differences between the guild organization of the West and the organization of crafts before Peter›s Russia, however, they were not so deep that it was possible to talk about phenomena completely incomparable and heterogeneous. On the contrary, the historical facts cited, excerpts from normative and historical sources confirm that the corporate form of craft organizations in the West and in Russia had similarities in all essential features. The corporate structure of the craft estate in Russia consisted in the fact that the state imposed certain duties on its organization and at the same time provided a number of privileges. Reception of the guild law of Western Europe during the period of Peter›s Russia fell on rich soil, Russian crafts already had the corporate nature of their organization and activity.
The article elucidates the author›s position regarding bringing to administrative responsibility under Article 19.29 of the Code of the Russian Federation for Administrative Offences, namely, for illegal engaging a state or municipal employee or an ex-state or ex-municipal employee in labor activity or performing works or rendering services. In this regard, the authors reviewed the statistical data of the Ministry of Internal Affairs of Russia. As a result, they concluded that the number of corruption- related crimes increased, which indicates the importance and relevance of the subject matter of the study. The article highlights the main legal problems of bringing to responsibility for this offense. However, it is quite difficult to identify the fact of the commission of such an offense. As a rule, when exercising prosecutorial supervision in this area, it is not enough for the prosecutor to examine the documentation of the legal entity being audited. To identify the corruption element, the prosecutor must make appropriate requests to various industry departments. Separate issues arise when a proper person is brought to justice, since in relation to this article it is not clear who falls under this wording of the law. The person who directly signed the employment contract is brought to responsibility. This thesis is also confirmed by clarifications of the Supreme Court of the Russian Federation. Problematic issues related to informing a public authority and/or a local self-government body are considered separately, since this information is of a notification nature.
The article offers a general overview of the reforms carried out by Peter I at the beginning of the 18th century. The author examines the main prerequisites and reasons for the reforms in the field of state and law, which affected many spheres of state and public life. The relevance of this work can be explained by the possibility of understanding past events as previous experience, the ability to predict the processes of transformation of the state and society and the use of such examples for the most favorable choice of action in the future. The author examines the period of the reign of Peter I, determines the legal framework of the reforms being implemented. The analysis was based on the decrees of Peter I, as well as various research works in the field of the history of the state and law of Russia of the late 17th — early 18th centuries. Transformations under consideration are divided into reforming the system of public administration that occupied a key place in the process of restructuring and was aimed at centralizing and streamlining the system of authorities; reforms in the military sphere due to the complex military-political situation that required the presence of a powerful army and navy, as well as highly qualified personnel. Reforms in the fields of economics and education are no less important — these changes were also determined largely by military necessity. However, they still played a big role in the long term. The author draws a conclusion about the significance and scale of transformations carried out at the beginning of the 18th century for the history of the state and law, emphasizes the pace of these reforms due to domestic and foreign policy circumstances.
This article draws attention to such a legal category as the death penalty in Russia at different stages of its historical development up to the beginning of the 20th century. The author, analyzing and comparing the events in Russia with foreign experiences and well-known facts, determines the specifics of the development of the death penalty, projecting it to different historical stages. Special attention is paid to the genesis of the institution of the death penalty as a legal method of coercion, being the tool of the State. The author identifies a consistent transformation taking place with the institution of the death penalty: from changing its social essence to correcting the goals pursued with its help. The author justifies differnt roles of this type of punishment at different stages of historical development, referring to the general political conjuncture and the goals and challenges that existed in the state. Based on the chronology, the author separately discusses the scope of application of the death penalty to minors where we can see an element of humanization of the Russian legal system. As a separate and unique phenomenon, the author examines the attempt of the Russian state to completely abandon the application and use of the death penalty as an institution of punishment. The uniqueness is justified by the fact that in seemingly more progressive Europe of that time, such an experience was not widespread. However, it is still worth paying attention to the fact that throughout the entire historical period under consideration, the death penalty in Russia had not been finally abolished.
WORLD
The paper is devoted to the history of the formation of legal regulation in the field of certification in customs business that originates after the end of the World War II. It was decided to create three international economic organizations. The World Bank and the International Monetary Fund still exist. The plans also included the foundation of the International Trade Organization (ITO) within the United Nations engaged in specialized certification of products of the international standard. Certification in Russia is at a decent level, our country is a member of the international certification systems ISO, IEC, EEC. The formation of the legislative framework for confirming the compliance of various products with the standards took place until the 2000s. The quality of products and management systems of enterprises were the objects of control. The development of modern trade and services has given impetus to the development of legislation and the legal framework for technical regulations, certification and standardization. The main types of certificates include the certificate of origin, certificate of conformity, certificate of customs clearance, certificate of compliance with social requirements, certificate of compliance with the environment, etc. In difficult realities of the modern world, legal forms of international standards continue to develop; more and more attention is paid to the development of electronic document management and automation of procedures for declaring and certifying goods. The Customs Union has formed a free economic space of common requirements and norms that meet international standards. Obtaining international certificates opens great opportunities for the importer or manufacturer significantly increasing the turnover and attracting a wide customers› base. International standards for declaration and certification of goods are of great importance for trade relations between states. They allow us to establish a unified order of interaction and ensure security in the trading market.
The article offers a general overview of the political situation in the Roman Empire during the third century, the main prerequisites for the emergence of the crisis of power that affected many spheres of state and public life. The relevance of this work can be explained by the possibility of understanding past events as previous experience, the ability to predict the processes of transformation of the state and society and the use of such examples for the most favorable choice of action in the future. The author studies a series of events that is designated as the crisis of the 3rd century. The Roman Empire, the period of the rule of many emperors, succeeding each other from year to year, military reforms, decentralization of power and internal struggle for power, determine the main features of the transition from the principate to the dominant. Transformations under consideration are divided into military reforms that require changes due to failures in the border territories of the empire, as well as the inability to stop the hordes of barbarians constantly invading the lands of the empire, and administrative reforms in the system of government, decentralization of power, and foundation of a new political institution of government — a tetrarchy. The author concludes about the significance and scale of transformations carried out at the beginning of the 3rd century for the history of the state and law, emphasizing the pace of those reforms due to domestic and foreign policy circumstances.
In the article, the author dwells on one of the most acute political problems of our time — the legal status of Taiwan. To characterize the legal status of the island, it is necessary to refer to its history. For many centuries, Taiwan has been under the jurisdiction of different countries, which could not but have an impact on the cultural and economic remoteness of the island from mainland China. The author describes the socio-political life of the island in various periods of its development, namely: during the Dutch conquest, under the influence of the Ming and Qing dynasties, during the period of Japanese rule, as well as the position of the island as part of the Republic of China. Each of these periods had a huge impact on the culture and economic development of the island. The author specifies the objective and subjective circumstances that caused the establishment of uncertain position of the island and defines the role of foreign states in this process. Special attention is paid to the characteristics of international treaties regulating the status of the island, including: the Treaty of Shimonoseki (1895), the Cairo Declaration (1943), the Act of Surrender of Japan (1945), the San Francisco Peace Treaty (1951). The author also describes the political environment conducive to their adoption. The issue of the legal status of Taiwan is debatable: a number of countries recognize the island as a sovereign state, establish international relations with it, while other countries — including the Russian Federation — consider Taiwan as a province of the People›s Republic of China. Such uncertainty can lead to the most terrible consequences.
POINT OF VIEW
The article presents a modern approach to the formation of the working class in the 1950s and 1970s explaining the main legal and socio-cultural features of this process in the Belarusian SSR. The final institutionalization of individuals employed in production as a class of the Soviet-Belarusian society took place in a special way. This took place due to the specifics of the socio-demographic situation, certain action of the basic laws, patronage of the Communist Party and its cells in all spheres of society. The Constitutions of the BSSR at the legal level fixed the division of Soviet society into classes, separating workers into a separate group and maintaining the special status of manual workers. But transformations in the socio-economic sphere that began in the post-war period in Soviet Belarus required a large number of laws and legal acts. Relevant resolutions and decisions of the Central Committee of the CPB of Belarus formed the response to the request that, having the force of law, were promptly implemented. The author believes that the promise formulated by the constitutional acts to separate the working class from society began to be realized in the BSSR at a slow pace and mainly due to the decisions and resolutions of the Plenum of the Central Committee of the Communist Party of Belarus. The process of forming the working class in Belarusian society was fraught with many difficulties and it was often implemented without taking into account local peculiarities, but it was quite successful. The Constitution of 1978 fixed the accomplished fact of differentiation of Soviet society and mentioned the classes of workers, peasants and the formed intelligentsia.
The article deals with the issue of the relationship between the legislator and the law enforcer in creation and application of value judgments in the norms and elements of the norms of law. The normative nature of Russian legislation and the denial of the institution of case law entails both a gap in the law and ambiguity in interpretation of legal norms, which leads to divergence of opinions of law enforcement officers in solving similar cases, in connection with which the problem of «correct,» namely, corresponding to the idea of the legislator, application of law. The author proves the validity of the existence of the institute of evaluation categories in the context of preventing the growth of the legislative array and legal uncertainty, as well as the indirect delegation of law-making functions to the law enforcement officer when using such a method of legal technique as qualified silence of the legislator. The author analyzes the possibility of legislative regulation of the rules of «Delphic language» norms as a necessary element of improving legislative tecnique in order to facilitate and simplify the process of law enforcement. The author proposes to consolidate the rules of law enforcement in the interpretation of evaluation categories. The role of the Supreme Court of the Russian Federation as an intermediary between the legislator and the law enforcer is evaluated. To this end, The author analyzes the issue of giving the decisions of the Plenum of the Supreme Court of the Russian Federation the status of a source of law and establishing the obligation for courts to check their decisions for compliance with the decisions of the Plenum. The necessity of bringing the institute of value judgments beyond the theoretical discussion into the field of practical application is considered.