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COVER ARTICLE
The paper examines a central issue of contemporary discourse — the dialectical relationship between law and coercion. The author criticizes the liberal paradigm that reduces this relationship to a binary opposition (antagonism), ultimately describing law as an instrument for safeguarding individual liberty and coercion as a threat. In the author’s view, such an approach leads to a crisis in legal understanding, a disjunction between formal legislation and the deeper foundations of law, as well as a loss of state subjectivity and collective purpose. Conversely, the author advances the view that law and coercion constitute interdependent principles: law necessitates coercion to secure its enforceability, whereas coercion necessitates law to confer legitimacy upon its application. The key to their harmonious synthesis, according to the author, lies in taking into account the national socio-cultural context. Using the Russian tradition as an example, the author elucidates the model of «law mastery over coercion», in which law is intended not merely to limit coercion, but to imbue it with higher ideals of truth, justice, and the common good, rooted in the collective historical experience. The main conclusion is that the strength of Russian law depends on its rootedness in national identity and traditional values, which necessitates a corresponding transformation of legal education and legal doctrine.
The paper is devoted to the analysis of the operation of the social security system for employees of the internal affairs bodies. The study examines various aspects of this system, including pensions, health insurance, and compensation for disabilities arising from the performance of official duties. The paper elucidates the legislative acts and norms governing the social security of police officers, the benefits and allowances provided to them. Particular attention is paid to the organization and provision of medical care for employees of the internal affairs bodies, as well as the possibilities of obtaining qualified medical care, including rehabilitation after professional injuries. Health insurance plays an equally significant role in the social protection system for police officers. Through insurance programs, police officers and their families obtain access to quality health services, especially for prolonged treatment and rehabilitation after occupational injuries. In a number of regions, specialized sanatorium-resort medical institutions focused on law enforcement personnel enable the provision of highly qualified care. The paper examines problems in the system of internal affairs and proposes potential remedies to address them.
Currently, across all areas of societal organization and state activity in Russia, the rapid spread of innovative developments and digital technologies — automated data processing, cybernetics, and artificial intelligence — enabling high-speed information exchange makes it imperative to adopt digital transformation tools quickly and efficiently, not only for organizational functioning but also to support interaction among the main elements of the legal system. The fundamental concepts for the digital development of the judicial and law-enforcement systems, to be adopted in the near future, envisage interaction with civil society institutions — primarily human-rights organizations — to ensure the protection of citizens’ rights and freedoms and the interests of business entities. In the context of changing public relations, changes in legislation in the field of innovative and digital technologies, the trends in the development of modern judicial, as well as law enforcement and human rights systems in the field of integrated interaction will be directly related to their use for mutual exchange of experience, advanced training and ensuring intersystem interaction in the process of implementing the target functions provided for by legislation and fulfilling the tasks set by the state and society.
Contemporary challenges necessitate a reassessment of the legal regulation governing the prevention of neglect and juvenile delinquency, wherein commissions for juvenile affairs and the protection of juveniles’ rights serve as the principal coordinating bodies. An analysis of the legislation of the constituent entities of the Russian Federation showed that a number of commissions include inspectors whose status and powers are not determined by the Model Regulation on Commissions for Minors and the Protection of Their Rights. The study finds an overlap between the duties of commission inspectors and those of responsible secretaries, commission members, and supporting specialists. It was also determined that commission teams should be reinforced with specialists possessing higher legal qualifications. Since an inspector may become a commission subject/participant, the legal basis for their activities must be secured. The paper examines amending the Model Provision and proposes the author’s formulation of a legal norm to include inspectors in commissions, require them to hold a law degree, and formalize their specific functions. This will increase the efficiency of the commissions, in particular when considering cases of administrative offenses committed by minors, their parents (legal representatives), and other persons.
Individuals who have lost the functions of certain organs or bodily systems are limited in their ability to exercise civil legal capacity compared to other categories of citizens whose health is unimpaired. This problem is of particular relevance to participants in the special military operation whose bodily functions have been impaired as a result of fulfilling state-assigned tasks. An asymmetry has been identified between the actual position of persons with impaired bodily functions and other subjects in terms of their capacity to exercise civil legal personality. In order to implement the principle of legal equality, this asymmetry should be eliminated by granting the former additional legal capabilities. In practice, such asymmetry is mitigated by material objects integrated with the human body to compensate for lost bodily functions. These objects ensure the individual’s ability to engage in volitional conduct, serving as a means of the citizen’s embodiment in the external world and enabling interaction with objects external to the person. This distinguishes them from ordinary civil law objects and justifies their consideration as an inseparable element of the legal subject. For the purpose of implementing the principle of legal equality, such objects should be afforded the same legal treatment as biological body parts, given that they perform analogous functions in sustaining human life. To protect the interests of individuals, it is substantiated that these objects constitute an integral part of the legal subject, and any encroachment upon them should be qualified as an encroachment upon the person.
The paper identifies key areas of judicial review in the conduct of operational-search (investigative) measures and systematizes its forms, distinguishing between preliminary and subsequent control. The author highlights that the statutory regulation of judicial review in this sphere is extremely concise; therefore, many issues must be resolved both on the basis of the general meaning of the law and through the application of the rules of legal analogy. Given the high degree of similarity between operational-search (investigative) and criminal procedural legal relations, in the presence of gaps in the regulation of operational-search activities, it is methodologically appropriate to apply, by analogy, the provisions of the Criminal Procedure Code of the Russian Federation. However, such analogy cannot be absolute. Determining subject-matter jurisdiction for reviewing materials concerning the conduct of operational-search measures requires consideration of the provisions of several federal laws, namely, On Operational-Search Activity, On the Status of Judges in the Russian Federation, as well as the interpretative recommendations of the Plenum of the Supreme Court of the Russian Federation. A specific area of judicial review unique to operational-search activity is analyzed separately, namely, the review by a higher court of an application to conduct an operational-search measure in cases where a lower court has refused authorization. It is emphasized that such review by a higher court does not constitute reconsideration of the lower court’s decision. Thus, depending on the court that examined the material, the appropriate higher court is either the court of the constituent entity of the Russian Federation or the Supreme Court of the Russian Federation, rather than an appellate or cassation court. The paper also examines the procedural specifics of handling citizen complaints related to operational-search measures. Criteria are provided for distinguishing between administrative-law and criminal-procedural complaint procedures.
The Kemerovo Region during the wartime and early postwar years played a significant role in the national economy as the country’s primary coal-metallurgical base. It is therefore important to examine the activities of military justice bodies operating in the Kemerovo Region, since they contributed to strengthening discipline at defense and coal enterprises and to maintaining public order in the region. The author outlines the organizational features of this type of military tribunal, their legal regulation, and the administration of justice. Drawing on archival materials, the study analyzes the principal directions of the work of these military justice bodies in the Kemerovo Region during the period under review. The scientific novelty of the study lies in the introduction into scholarly use of a new source type, namely, the personal files of persons convicted of offences under the criminal legislation of the RSFSR in force at the time, together with other documents issued by state and departmental authorities.
PRIVATE LAW / JUS PRIVATUM
Promoting the employment of people with disabilities is a complex task that requires concerted efforts by the state, employers and public organizations. Despite a fairly large number of laws regulating the issues of labor and employment of persons with disabilities, there is a problem in terms of their direct implementation. One of the reasons for this is the presence of gaps in the legislation, as well as norms that contradict each other. Recently, there has been a tendency to create the most acceptable conditions for employment of people with disabilities. The study of legislative norms and already established practice makes it possible to establish not only positive but also negative aspects, which implies the need to make appropriate changes to the laws. The paper analyzes the legal foundations of legislative regulation of arrangement of labor and employment of persons with disabilities; analyzes employment statistics for this category of persons; compares the Russian experience in allocating quotas for jobs for the disabled and the experience of some foreign countries; identifies modified penalties against employers; defines a set of services provided by the employment service for people with disabilities in order to promote the main problems faced by people with disabilities in the field of employment and employability are identified. Some proposals for solving these problems are substantiated.
The paper is devoted to the analysis of technological transformations in the sphere of entrepreneurship and their impact on the concept of legal personality. The digital entrepreneurial environment rests upon a complex of social regulators, encompassing instruments of different types, namely: normative-legal, technical, ethical, and self-regulatory. Within the digital environment, the mere recognition of an individual as possessing legal personality in the traditional sense is clearly insufficient without meeting the requirements for access to, and functioning within entrepreneurship environment. The evolution of the category of legal personality under the influence of digitalization of social life is linked to the integration of technological and legal approaches that reflect the dynamic nature of legal personality. The paper highlights that the accumulation of empirical observations on the development of digital technologies and the expansion of their application will lead both to a reconsideration of the classical understanding of legal personality — towards the formation of hybrid personality, or quasi-personality, for certain digital entities — and to an expansion of the range of subjects participating in legal relations. Social regulation, based on the combination of normative-legal regulation, technical standards, and self-regulatory instruments, is transforming the traditional boundaries of what constitutes a subject of law within the modern legal system, thereby generating new forms of legal interaction.
PUBLIC LAW / JUS PUBLICUM
The inevitability of disciplinary liability is an important condition for ensuring its effectiveness in cases of corruption offenses committed by state and municipal employees. The inevitability of this category of cases should be understood not as the obligation to apply disciplinary measures, but as the obligation to initiate disciplinary proceedings and objectively establish all the circumstances surrounding them. One of the mechanisms designed to ensure the achievement of this goal is the temporary suspension of an employee in respect of whom disciplinary proceedings are being conducted from the performance of official duties. An analysis of the legislation shows that different types of government and municipal services use different approaches to fixing the grounds and procedure for suspension, as well as its terms. In some situations, the possibility of suspension is linked to an internal audit; in others it is not done. The situation is further complicated by the fact that Russian official legislation separately identifies an audit conducted in cases of corruption offenses, while there is no clear distinction or identification with an official inspection. As a result, the application of the interim measure in question becomes difficult in some cases. In some types of service, there are also problems related to the insufficiently long period of audits. It is proposed to fix in all legislative acts on state and municipal service that the audit of cases of corruption offenses is a type of internal audit, characterized by some features (in particular, timing).
COMPARATIVE STUDIES / COMPARATIVE STUDIES
The general patterns of interaction between national and international territorial policies to nature protection are analyzed. The practice of protecting World Natural Heritage sites is used as a supporting material. Significant historical experience in the use of territorial nature protection measures and the inevitability of internationalization of their use after the formation of nation states are asserted. The territorial nature of the World Natural Heritage protection regime is substantiated, and the need for its implementation in national legal forms of nature protection is demonstrated. The genesis of the classification of modern specially protected natural territories at the international level is shown, and contradictions related to the recognition of their social role are revealed. The obtained conclusions are correlated with the development of the world heritage protection system, the strengthening of the discourse of the rights of local communities to use unique natural objects is noted, the predominance of specially protected natural territories as a national form of legal protection of World Natural heritage sites is established. The international legal concept of «other effective environmental protection measures on a district basis» is investigated, its potential for preserving biodiversity and possible risks associated with weakening the protection regime of World Natural Heritage Sites are demonstrated. The regime of the central ecological zone of the Baikal natural territory is considered as a complex case of the organization of territorial approaches to nature protection. Its place in the system of the considered categories is determined, ways of improving the protection of the Lake Baikal World Heritage Site are shown. The proposal to create a federal territory within its borders is critically evaluated. The necessity of recognizing the central ecological zone of the Baikal natural territory as a specially protected natural territory sui generis is defended.
INTERNATIONAL LAW / JUS GENTIUM
The paper continues the theoretical coverage of approaches to the extensive and intensively actualizing topic of judicial doctrine (Anufrieva LP. The Concept of «Judicial Doctrine» in Russian Jurisprudence (General Notes). Lex russica. 2021;12:96-100). The immediate subject of consideration in this study is the domestic judicial doctrine on the application of the principles and rules of international law (sometimes referred to as the judicial doctrine of international law). The Russian judicial doctrine on the application of basic principles and rules is studied from the perspective of identifying its essence against the background of the presence in the literature of a number of other phrases: «international legal doctrine», «judicial doctrine on international law», «international judicial doctrine» (interpreted as the doctrine of international law, which is created by international courts, arbitrations and other bodies for resolving interstate disputes disputes). In light of this, it is important to differentiate the «international» and «national» judicial doctrines on international law as distinct categories. In addition, it seems that when it comes to the appeal of judicial authorities to international law, it is advisable to refer to the judicial doctrine of an individual state as the national judicial doctrine on the application of the principles and rules of international law, although terminologically the proposed designation cannot be called established. However, no matter what verbal form the phenomenon in question takes, it must be assumed that the judicial doctrine on the application of the principles and rules of international law, firstly, needs to be defined; secondly, it has a relatively recent history and, thirdly, implicitly implies its entry as an integral part into the judicial doctrine of a particular state, which is generally viewed through the prism of its legal system.
THEORY OF LAW / THEORIA LEX
The paper defines the place of the legal idea in the subject area of the history of political and legal doctrines. It is proved that the legal idea in the history of the teachings of the state and law is a form of theoretical knowledge in the history of the phenomena of politics, state and law, reflecting knowledge, assessment and transformation of the state-legal reality. Knowledge, evaluation, and application components are distinguished as part of the legal idea. A legal idea is an integral part of a political and legal doctrine or theory. The legal idea in the legal concept of the past forms the system-forming structure underlying it. Legal ideas constitute the very essence of the legal doctrine and determine its structure. Political and legal doctrine as a cognitive tool in the history of political and legal doctrines is able to reflect the most fundamental legal ideas in order to explain them in the form of an integrated structure based on modern knowledge of jurisprudence. The knowledge component of legal ideas is reflected in the conceptual and categorical component of the doctrine, the evaluative and transformative part of legal ideas are in the programmatic part of the political and legal doctrine. The importance of the study of legal ideas lies in the possibility of organizing knowledge about the forms of historical knowledge of state-legal phenomena, as well as in an adequate interpretation of both individual legal thoughts of the past and the totality of legal ideas forming a political and legal doctrine.
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