TRENDS
The article is devoted to the historical and legal aspects of territorial development of the Russian state, in particular, the territorial development of the USSR during the period from 1936 until 1947. The article examines the pre-war period of escalation of confrontation in the world, the immediate beginning of the Second World War (and the conflicts accompanying it), the entry of the USSR into the WW II, the end and the first post-war years, when territorial changes received legal formalization. The article analyzes the constitutional law regulation of territorial issues in the USSR in the conditions of the World War II, the efforts of the Soviet state for the integration and protection of territories, as well as their socio-economic and industrial development. The World War engulfed many countries, but at the same time, the national science of each country explores problems, including world phenomena, primarily from the standpoint of the history of its country. In this study, an attempt is made to evaluate responses of the Soviet state and society to the challenges of the middle of the last century in the context of the state law and the possibility of using historical and legal experience in modern conditions. Both in the middle of the last century and today, the confrontation between countries, their unions, and social groups reached a maximum. The problem of accelerating technological development, import substitution, and the growth of production capacity remain equally serious challenges for the Russian state. In the last century, our country coped with all the challenges, but they have arisen again. Nevertheless, the author believes that the global instability prevailing in the modern world stimulates research aimed at comprehend the historical events of the two World Wars in order to unite the efforts of expert communities from different countries to reduce the risks of the Third World War escalation.
The article attempts to analyze such a social phenomenon as «Ukrainian radical nationalism,» identify its roots, determine its current state and how dangerous and destructive it is not only for Ukraine, but also for the entire world community. Recent events in the country (2014–2022) have shown that Ukrainian radical nationalism is practically neo-Nazism in terms of goals, objectives and methods of their implementation. The article focuses on the fact that ideological attitudes of Ukrainian neo-Nazism are based on erroneous, flawed values and ideals, the latter are not only unworkable a priori, but generally go beyond the limits of historical truth, formal logic and common sense. The special danger of Ukrainian neo–Nazism lies in the fact that today it has become a militant, misanthropic «superideology» that permeates all spheres of human activity — politics, economics, law, morality. As a result, Ukraine has turned into a terrorist state with far-reaching negative consequences not only for itself, but for the whole world as a whole: in practice, it shows European neo-Nazis that a «brown» revenge is possible and it is worth moving further along this path. In connection with the above, the Russian patriotically oriented intelligentsia should also pay attention to its still «dormant» fifth column and timely develop and implement effective measures to counter this dangerous phenomenon. To achieve the goal set in the article, the authors resort to documents that were not previously covered in the general press and were not presented to the scientific community.
FOCUS
Presumptions and fictions are of great importance among methods of the legal technique. In the context of both theory and practice, they are relatively independent methods of legal technique in the legal system, methods of uniform legal regulation. The provisions of the modern legal doctrine on the essence of presumptions have a meaningful identity with the provisions of Roman law in this area. Unlike fictions, legal presumptions are certain facts. In this context, absolute presumptions are reproduced in facts that do not require proof due to their objective nature. The author points out that there are signs of normativity in the presumption, so that it can influence the development of public relations. However, this sign is weaker than a similar sign of the legal norm. The role of legal presumption is that they help to clarify the influence and significance of other legal prescriptions, eliminate uncertainty and they represent a unifying connection in the application of legal norms. At the same time, presumptions act as legal prescriptions of a special type. Fictions were also widespread in Roman law. The new legal provisions that did not find understanding and support were disguised by the praetor and adjusted to the old existing regulations. The result was achieved artificially and indirectly with the help of fictions. Currently, the role of legal fiction is to overcome the irreplaceable uncertainty in the field of legal regulation of public relations.
During the last decade, the activities of antimonopoly authorities have been subjected to considerable criticism. The norms prohibiting the abuse of a dominant position are fundamental in the antimonopoly legislation, which actualizes the consideration of this issue. The author examines the evaluation of legislative norms from the point of view of the effectiveness of their application in decisions of courts and antimonopoly authorities. Usefulness of norms prohibiting the abuse of a dominant position, cost-effectiveness of their implementation and uniformity of practice of their application serve as the criteria for the study of legislative norms. Based on the analysis of regulatory legal acts, judicial practice, practice of antimonopoly authorities and doctrine, the author identifies a number of difficulties in the enforcement of the current antimonopoly legislation in the Russian Federation. The increase in the burden of proof for antimonopoly authorities that reduces the effectiveness of the application of these norms forms one of the key problems. Moreover, the lack of uniformity in court decisions, antimonopoly authorities, decisions of the Supreme Court of the Russian Federation and the FAS of Russia leads to difficulties in interpreting the norms and their application in subsequent cases. The article highlights the decrease in the effectiveness of the norms due to their excessive detailing by subordinate acts, which leads to ambiguity of antimonopoly norms. The result of the analysis is that the legislation and the system of antimonopoly authorities have not achieved the results that were originally set before them at the time of their foundation. The author examines the current situation and comes to the conclusion that it is necessary to reform the norms of competition law. The issue has been discussed at international forums and conferences and it is still relevant. The authors propose their own options for improving the operation of antimonopoly norms, including the ideas of consolidating the existing practice of courts and antimonopoly authorities and the possibility of implementing foreign designs into the Russian legal system.
The purpose of the proposed article is to analyze in detail insolvency (bankruptcy) according to the legislative acts of the Russian Federation. These concepts cannot be considered as final, which, as a consequence, makes it difficult to form both knowledge and mechanisms undergoing constant qualitative transformations. Moreover, the author examines the fundamental features of such an institution as the insolvency (bankruptcy) of legal entities, describes its significance for the economic component of the state, explains the full concept and its features, including the procedure for recognizing a legal entity as bankrupt, leading to the effective use of this legal instrument to settle debts in favor of the parties to the litigation. Taking into account the fact that in modern realities, insolvency is an inevitable condition and factor in the development of market relations resulting in a more detailed and comprehensive study of the protection of the rights of agricultural organizations at the legislative level. In view of the lack of stable economic turnover, the epidemiological situation that directly affects business development, sanctions imposed by foreign countries, numerous closures of sales markets — all the above can lead this type of organizational activity to insolvency and the inability to fulfill creditors› claims both on time and in full. In this regard, in the economic area appears the problem of ensuring proper regulation of relations manifested in the insolvency of legal entities and in the development of special improved measures and means that can protect the rights and interests of debtors of civil turnover in the agricultural sector.
The paper describes the new special tax regime «Automated simplified taxation system.» The author analyzes the provisions of Federal Law No. 17-FZ dated February 25, 2022, «On conducting an experiment to establish a special tax regime «Automated Simplified taxation system.» The paper examines the problems that may arise in practice in connection with the application of the new tax regime by taxpayers. Based on the results of the study, the author concluded about changes in the relationship between tax authorities and entrepreneurs, which will entail the use of the Automated simplified taxation system. Today, the problem of supporting Russian entrepreneurs is more urgent than ever. And this has become a national goal and a strategic task entrusted by the President of the Russian Federation to the Government of the Russian Federation. One of the measures aimed at promoting business is the development and introduction of a new tax regime that will be tested by organizations and individual entrepreneurs. Having studied the features of the Automated Simplified Taxation System and analyzed the practice of its application, the legislator will subsequently be able to improve the new tax regime, making the necessary adjustments.
Experience in the prevention and elimination of the consequences of natural disasters has shown that there are a lot of gaps in the current legislation. Let us take a closer look at this problem. In the article, the author substantiates the need to improve the regulatory framework for preventing and mitigating the consequences of natural disasters. The author analyzes the US regulatory framework in this area. First of all, the Stafford Disaster Relief and Emergency Assistance Act is considered in detail. After a major natural disaster is declared, the federal government can provide financial assistance to states, localities and individuals, as well as allocate funds to mitigate the consequences of future disasters. This flexible and forward-looking approach to risk assessment has one more benefit of providing disaster funding to communities to mitigate and prepare for sea level rise that would otherwise not be covered by traditional disaster response under the Stafford Act.
RUSSIA
From time immemorial, the structure of the state, as one of the main public institutions, has been constantly developing, adapting to existing global trends and forming its own unique ways of development. In the history of any state, there are important stages that divided life in the country into before and after. Delving into the history of Russia, historians believe that Peter›s transformations form one of the main turning points. This article explains the main reasons for the path chosen by Peter the Great, touches on the political situation in the country, technological backwardness and legal «starvation» that led to a large-scale redistribution of the entire existing order in the country. The author is looking for an answer to the question why the Great Embassy served as the key to changes in the way of life, when the path of Western development was finally chosen and whether the laws adopted in difficult conditions could change the Russian Empire for the better. The circumstances of that time demanded immediate changes, the capabilities of the outdated political and legal system could not afford to implement the large-scale plans of their ruler. The rulers of Russia had tried to reach the Baltic Sea for a long time. It had been one of the most important strategic and economic tasks of the country for several centuries. For the implementation of these plans, Peter I had to go to war with Sweden, and although the country had quite enough economic resources, the technology of navigation and weapons remained at a low level. Later, the future emperor would make a serious decision and bet on Western experts whose skills were familiar to him since childhood. Thus, a further leap in Russia›s development will be made in the direction of the West, the study of these processes and a clear understanding of the relationships is extremely important to justify the choice made, which allows us to understand the connection between Russia and the West that originated and was firmly established centuries ago.
This article presents a historical and legal analysis of the fundamental laws in the field of factory legislation of the Russian Empire of 1882–1917. The author highlights the importance of the formation of Russian factory legislation both in the context of socio-economic development of Russia in the last quarter of the 19th century — the first quarter of the20th century, and within the framework of global trends in the field of labor legislation. Large-scale workers› movement that certainly affect public order and require the solution of certain issues form a factor in the formation of factory legislation both in Russia and in Europe.
The author deduces: the factory legislation was founded as a part of modernization of the socio-economic system of Russia, which took place in continuous connection with the processes of transformation that affected the whole Europe. The state power sought to satisfy the interests of entrepreneurs and workers in the conditions of increasing industrialization and the lack of clear legal regulation of certain aspects in this area. One way or another, the period of formation of factory legislation in the last quarter of the 19th century — the first quarter of the 20th century allowed to create the regulatory and legal foundation necessary for the further development of labor relations in Russia. The author believes that the research interest in factory legislation of this period is confirmed by the extraordinary position of the Russian Empire that, having recently abandoned the model of serfdom relations, switched to market relations and turned out to be directly related to the processes of industrialization. An unconditional significance of Russian factory legislation is related to its influence on the formation of domestic labor legislation.
The article outlines the main stages of the origin and formation of allegiance as a legal institution in the Russian Empire. Despite the fact that the policy of the Moscow state strongly supported and encouraged the voluntary entry of various peoples into the Russian Empire, the most intensive development of the institution of allegiance took place during the years of Peter›s reforms. Tsar Peter I, assisting «foreigners» in entering Russian citizenship, acted not only from noble motives. His interests were closely connected with the desire to benefit the Fatherland. Outstanding talents, skills, knowledge and skills of a foreigner served as a prerequisite for joining the Russian allegiance (citizenship). In the 18th century, during Peter I rule, the number of foreigners arriving in Russia increased dramatically. This had a beneficial effect on the formation of allegiance as a legal institution. The relevance of the chosen topic can be explained by the fact that at present the concept of «allegiance” has lost its patriotic meaning. Often in the modern world, the acceptance of allegiance of a particular state is exclusively formal. However, do not forget that the subject is distinguished from a foreigner not only by the amount of rights and duties that belong to him. The political and legal relationship of a subject with the state is filled with moral content. Love and respect for the Homeland, the desire to benefit it, to ensure the well-being and prosperity of the Fatherland, to take care of preserving the state unity and territorial integrity of the country come first. The analysis of the historically established order of entry into citizenship by taking the oath to the sovereign allows us to trace the transition of this legal institution from private to state. The article reflects the basic principles of citizenship that developed in the 17th–18th centuries in Russia. The issues of allegiance and citizenship for Russia have been of key importance for many centuries, and they have retained their novelty and relevance to this day.
The article analyzes the main directions of the work of the Soviets of Workers› Deputies to reorganize activities to solve problems caused by the military situation. The author studies the ways of overcoming the problem of shortage of personnel in the lower Councils of Workers› Deputies, measures to create conditions for training officers of the Soviet apparatus in the conditions of personnel renewal. It is concluded that the shortage of deputies and senior staff in local authorities was solved by involving representatives from the party, military structures, as well as other workers who were not deputies of the local councils in the executive committees of the Councils of Deputies of Workers› Deputies. These measures were contrary to the constitutional provisions. However, they allowed the new government to overcome the difficulties of the current moment of wartime. Archival materials have preserved examples of situations when citizens, not being deputies of lower councils, were appointed to the offices of heads of the councils and successfully coped with their duties. The article examines the features of the organization and holding of sessions of the Soviets of Workers› Deputies in a war situation. The author comes to the conclusion that during the Great Patriotic War, the constitutionally established forms and methods of work of local councils could not fully function, which led to the natural adaptation of Soviet workers to work in a wartime situation, and, consequently, methods of activity atypical for peacetime were used. Such fundamentally new methods in their entirety allowed local Councils of Workers› Deputies to cope with the tasks of wartime and overcome the difficulties that arose.
The article is devoted to elucidating the issue of determining the tasks in the state policy of Russia to combat religious extremism. The author examines the evolution of the concept of extremism used in the modern legislation of the Russian Federation. Analyzing the conceptual approaches to combating extremism and the declared principles according to which acts are recognized as extremist, the author of the article examines the evolution of the authorities› awareness of the danger of this phenomenon. The study explains the conflict of contradictions arising in modern Russia: the fight against extremism as a way to protect the foundations of the constitutional system and state security and freedom of conscience and religion as one of the fundamental rights enshrined in the Constitution of the Russian Federation. At the same time, the author examines situations when countering religious extremism affected the implementation of constitutional human rights and freedoms to freedom of conscience and religion. Despite such contradictions arising in the fight against extremism, there is a principle of differentiation between the fight against extremism and violations of freedom of conscience, which is reflected in the Federal Legislation on countering extremist activities, as well as in the practice of the Supreme Court of the Russian Federation. This principle and its main purpose constitute the objective of the study and they are designed to protect freedom of conscience from infringing actions aimed at combating extremism, while condemning and suppressing extremist activity itself. It should be noted that in this article extremism and the signs that make it up would be considered from the point of view of the concept enshrined in Russian law.
The article discusses the genesis and evolution of the institution of the death penalty in Russia. The topic is relevant due to the fact that at present there is no unambiguous understanding not only by society, but also by professional lawyers of the expediency of using the death penalty as an exceptional and capital punishment for a criminal offense. The current state of the criminal law institutions of the Russian Federation is the result of the evolution of ideas, many of which originated earlier and found expression in individual legislative acts and law enforcement practice. The authors substantiate the conclusion about the consistent process of humanization of the domestic system of criminal penalties, which under certain circumstances should lead to a complete rejection of the death penalty. This fact shows that discussions about the expediency of the death penalty as a special type of criminal punishment have been going on for centuries. The death penalty, designed to perform socially significant functions, is unable to achieve the goal of correcting the convicted person, since it does not imply the possibility of a person to atone for his guilt and realize not only the harmfulness of his actions, but also the fact that the convicted person should no longer violate the law. The ongoing disputes in the legal community concerning the issues of the conflict of the legislator in the field of criminal punishment require a retrospective analysis of the problem under consideration.
WORLD
The article presents a comparative analysis of Russian normative legal acts and instruments of international organizations and the EU in the field of the right to artificial reproduction through the use of surrogacy. The purpose of this article is to analyze the Russian and international practice of legal regulation of surrogacy. Methodologically, the study is based on analytical and comparative legal methods. The content of the article provides a brief analysis of the Russian legal framework of surrogacy and a description of the practice of performing the appropriate procedure. The author analyzes the practice of international intergovernmental and professional organizations on the issues of defining surrogacy, persons participating in the relevant procedure, the rights of these persons under the fundamental documents in the field of human rights. The article examines the practice of the UN and the main documents of the UN bodies in this area. The author provides information from reports concerning protection of the rights of women and children submitted within the framework of the activities of regional UN organizations. The relevant practice of European regional international organizations, such as the Council of Europe, is also analyzed. Additionally, the paper analyzes the practice of the EU as an international organization of regional integration with a unique competence that also concerns surrogacy. The practice of the Court of Justice of the EU as the main judicial body of the EU in the field of consideration of issues of competence of the EU is elucidated. To sum up, it is concluded that it is necessary to develop and adopt an integrated approach to the legal regulation of the surrogacy procedure, where the interests and health of the child born as a result of the relevant procedure should be of primary importance.
POINT OF VIEW
The real transition of the Russian Empire to constitutional monarchy would be possible in the case of complete consolidation of the society and political parties, the government and the sovereign. However, the evolution of the Russian political system began to be traced, suffering a real collapse of transformation in the direction of dualism. The Empire was already preparing to go from the birth of monarchical constitutionalism to the regime of personal rule of the emperor. In other words, reverse it. To what extent was it possible to limit an unlimited monarchy? After all, it was not possible to become a completely bourgeois state of Russia at the turn of the century, the legislation still called Nicholas II a monarch, and only the Red October finally managed to eliminate feudal remnants. One cannot, however, belittle the role of the Supreme Manifesto of October 17, 1905, that proclaimed the inviolability of civil liberties and tried to delineate the boundaries of absolutism. The centuries-old institution of absolutism was reorganized one way or another, and its updated principles on April 23, 1906, became the core of the Basic State Laws. Are conditionalities and reservations applicable to an act of the highest legal force? Does history know the subjunctive mood? To this day, there is no consensus in science in assessing the events of the First Russian Revolution, which sometimes faded at the zenith of the next decade. The limitation of power by the State Council and the State Duma acted as a kind of fiction, which ultimately revealed the incapacity of the constitutional monarchy in Russia. The actual return to the regime of the personal rule of the autocrat clearly showed all the mediocrity of relying on the organs of popular representation.
The article presents a comparative characteristic of the agrarian reform of P. A. Stolypin and the agrarian reform in post-Soviet Russia; the reasons for these reforms are analyzed, their goals and objectives are compared. The authors determine problematic aspects of both reforms and their strong features. The study highlights the relevance of this comparative characteristic. It identified positive aspects of the reform of P. A. Stolypin. According to the authors, positive aspects demonstrate how far-sighted the reformer was in solving the agrarian issue and in general softening the political situation in the country, which was facilitated by the «resettlement policy». The paper pays special attention to the post-Soviet development of the agricultural sector of the economy that took place due to the need to establish ways of transferring state property that was used by the population on the ground of the right of usage that was the embodiment of market transformations that affected the economy in the 1990s during the collapse of the USSR. The authors highlight that a common positive feature of both reforms is the expansion of the rights of land users. Under the Stolypin reform, peasants could become landowners, and in this case they became motivated to work. The same thing happened in post-Soviet Russia: citizens of the Russian Federation in the 1990s also became landowners, they had the right to independently dispose of their land. The shortcomings of the reforms are not at all similar — in the first case, the state was not ready for the mass resettlement of peasants to the East, the reactionary and conservative thinking of the community, and in the second case, it could not create a single body controlling the sphere of land relations.