Vol 24, No 1 (2020)

STATE AND LAW IN CONTEMPORARY WORLD
REQUIREMENTS FOR COURT DOCUMENTS
Akhmetova S.V., Babenko A.N.
Abstract

This article is devoted to the analysis and formulation of requirements for judicial documents. The relevance of the stated topic is explained by the need to improve the communication process and improve the efficiency of justice. The most developed are the issues of requirements for judicial acts. At the same time, the requirements for other judicial documents - petitions, statements, written evidence are important. The most important are the requirements of legality, validity, motivation. However, we must not forget such requirements as completeness, consistency, literacy. As part of the general characteristics of judicial documents, attention was paid to the requirement of fairness and expediency. Close attention is paid to the language and style of court documents. The requirements for the form and content of court documents are formulated. The author comes to the conclusion that it is necessary to legislate the requirements for some varieties of judicial documents, just as the requirements for judicial acts are fixed.

RUDN Journal of Law. 2020;24(1):7-24
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TO THE QUESTION OF LEGAL CONDITIONS PLACE IN THE SYSTEM OF LEGAL FACTS
Tsukanova E.Y.
Abstract

The article is devoted to the problems of the formation and positioning of the legal status category in legal science. The relevance of this phenomenon in law is due to the lack of its unambiguous perception, which does not allow to fully determine its place and purpose in the theory of legal facts. The purpose of this article is to determine the philosophical and dialectical basis for the inclusion of this concept in the scientific categorical apparatus of jurisprudence. This will allow with sufficient certainty to identify its main characteristics, place in the classification of legal facts, as well as functional relationships with other elements of the legal-factual system. The methodological basis of the article was made by modern achievements of the theory of knowledge. In the research process, theoretical, general philosophical (dialectic, analysis, synthesis, deduction, systemic method,), as well as traditional legal methods (formal-logical, normative-dogmatic and others) were used. In the process of research, based on the ratio of the dialectic categories of movement and rest, the conclusion was formulated that physical reality is a series of static and dynamic situations. Static circumstances characterizing the stability and sustainability of a phenomenon or object are states. The variability of social relations is due to dynamic circumstances, which serve as the basis for a change of state. This approach allowed us to formulate the conclusion that states are natural elements of physical being. They can be qualified as real life circumstances and, provided that the rule of law associates a certain legal consequence with them, they should be recognized as legal facts. An analysis of the place of the state in the system of legal facts allowed us to conclude that the length of time cannot be considered as qualifying it. States are characterized by length in time, and it is precisely the “fluidity” of the phenomenon that matters for a specific situation. When a certain process takes a long time, but as applied to the social situation, it matters as a single whole, then it should be considered as an instantaneous fact.

RUDN Journal of Law. 2020;24(1):25-45
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IDEOLOGICAL, LEGAL AND PROCEDURAL ASPECTS OF THE SEARCH FOR EFFECTIVE WAYS OF COMPENSATION FOR HARM CAUSED BY THE CRIME
Tarnavsky O.A., Bormotova L.V.
Abstract

The level of public confidence in the law enforcement and judicial system leaves much to be desired from year to year, citizens are increasingly showing contempt for the laws and refuse to promote justice. This is due to a number of reasons that lie not only in the plane of this discussion. Meanwhile, it is obvious that punitive measures of influence do not have the proper effect in the absence of concern on the part of the state about its citizens who have been subjected to criminal influence. Analysis from the point of view of the prospects of the article subjected to all the existing forms of redress. As a result, the authors came to the conclusion that it is necessary to simplify the methods of compensation of harm on the way to the construction of restorative criminal justice in our country. The interests of the individual and the state in modern criminal proceedings are increasingly consistent with the two most promising in the opinion of the authors of the article forms of compensation for harm: voluntary compensation for harm to the accused and/or state compensation.

RUDN Journal of Law. 2020;24(1):46-59
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LEGAL RESEARCH METHODOLOGY
THE IDEA OF SELF-ORGANIZATION IN THE SYSTEM OF PUBLIC ADMINISTRATION
Zyrianov A.V.
Abstract

This article is devoted to the problem of theory and practice of public administration in modern conditions. Actualization is carried out by searching for a new paradigm approach in order to determine the starting points regarding optimization and increasing the efficiency of the corresponding sphere of public relations. The self-organizational approach, developed as a synergistic-information approach, corresponding to the methodological principles of the modern postnonclassical paradigm of scientific rationality, which was the result of the development of ideas of cybernetics, tectology, theory of systems and theory of dissipative structures, represents a special (different from the “classical” (mechanistic)) view on the relations of organization and management of state processes. It is established that the process of organization is aimed at revealing new socially constructive qualities of the becoming systemic form and provides fixation and completion of the corresponding self-organizing structures of the state mechanism. Self-organization is included in the organizational process, providing flexibility and adaptive capacity of purposefully created structures. However, in this process, at the same time, there are stable structures of static importance, forming subsystems of management, designed to preserve the static form, regardless of their social value. The objective conservatism of these formations stagnates the creative renewal of the way of activity of social individuals, thus closing the process of formation of society as a whole and turning it into a system of final type. In this case, self-organization manifests itself as an opposing party to such a state and on a historical scale destroys the rigid structures of public administration, with their inherent anomalies of the state apparatus. In the synergistic-informational understanding of the meaning of the state, its administrative purpose is to provide conditions for the dynamic formation of society capable of overcoming extreme, crisis processes. As a result, it is possible to consider the provision on the unity of forms of public order - self-organization, organization and means of their provision - public administration. The latter is considered not only as a function of organization and manifestation of self-organization, but as a means of implementing public order in both forms. This implies overcoming the mismatch between the interests of the people and the system of power in the state policy. Since the formation of such a policy of the state is associated with the transition from the power base of regulation of public relations to the information one, this process acquires an objective meaning and cannot but form the basis for the development of the strategy of socio-economic and socio-political development of the country, all socially significant administrative projects.

RUDN Journal of Law. 2020;24(1):60-81
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AXIOLOGICAL ASPECTS OF THE FINANCIAL LAW SYSTEM
Tsindeliani I.A.
Abstract

Legal axiology, as a scientific discipline, allows us to consider both the legal system of the State as a whole, and its individual elements from the point of view of the value foundations that exist in society and in each individual. The consideration of the elements of the State's legal system through value categories allows us to determine the relationship and interdependence of all elements of the legal system. It is especially necessary to note the influence of value categories on the formation of a system of the separate branches of the law, including the financial law of Russia. Value categories have an influence not only on the formation of the elements of the financial law system, but also predetermine their interaction as legal means of regulation of the public finances. The elements of the financial law system, as a branch of law, are the principles of the financial law, the rules of the financial law, and their separate forms of grouping - institutions and sub-sectors of the financial law. The principles of the financial law are the direct legal regulators of public relations in the field of public finance by their nature. Possessing regulatory properties, the principles of the financial law shouldn’t be identified with the rules of the financial law, since they are independent legal means of the regulation. The principles of the financial law, on the basis of their regulatory properties, should be considered as elements of a system of the financial law.

RUDN Journal of Law. 2020;24(1):82-97
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HISTORICAL AND LEGAL RESEARC
WOMAN BEFORE THE JURY COURT IN THE RUSSIAN EMPIRE (REVISITING THE GENDER EQUALITY PRINCIPLE)
Demichev A.A., Ilyukhina V.A.
Abstract

This work presents implementation of the gender equality principle in the criminal proceed-ings of the Russian empire on the basis of the Judicial Statutes of 1864, official statistics materials of the Ministry of Justice, jury members’ documents of private origin, documentary narratives about courts, and folklore. The authors analyse and interpret statistical data on females and males acquitted and convicted by the jury court and the crown court. This work draws the following main conclusions: 1) in spite of the enforceable and officially declared equality of all subjects before the court, only men administered justice in the jury court, and the people’s legal consciousness and the settled judicial practice did not allow another situation to develop; 2) the fact that only men were jury mem-bers brought about the situation in which the jury court was less repressive to women than to men. As for crown judges, the percentage of women convicted by them was, on the contrary, generally more than that of men. Therefore, the proceedings of jury courts in the Russian empire actually breached the gender equality principle.

RUDN Journal of Law. 2020;24(1):98-112
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CHARTERS OF VOLUNTARY ASSOCIATIONS IN PREREVOLUTIONARY RUSSIA
Tumanova A.S., Safonov A.A.
Abstract

The article deals with the history of doctrinal formation of the content of the charter of voluntary association of Late Imperial Russia, as well as the role of the charter in regulating the phenomenon of social self-organization. This problem is practically don't studied in the scientific literature. It is based on the involvement of a broad corpus of published sources (constituent documents of public organizations, materials of clerical work of public institutions, etc.) and archives (documents of the RGIA). The legal policy of the Russian government aimed at establishing uniformity in the content of constituent documents of voluntary societies and the principles of their relationship with the state according to the creation, re-registration, termination of societies is analyzed. This national framework is assessed from the standpoint of the content of corporate regulation in Late Imperial Russia, the degree of intervention of the state in this process. Russian and European sources for the formation of corporate legislation on voluntary associations are considered. The analysis of constituent documents of various groups of organizations in prerevolutionary Russia takes a significant place. They are studied according to the content, structure, general and special features, field of activity. The authors investigate how independent creativity of the founders was expressed when drawing up the charters of organizations that do not fully comply with typical constituent documents, find out its meaning and boundaries. The authors come to the conclusion that the charters gave Russian associations substantial autonomy in the inner life (defining goals and objectives, methods of capital formation, requirements for categories of members, etc.), but rather strictly prescribed the “external” context of their functioning, coupled with the interaction with state authorities.

RUDN Journal of Law. 2020;24(1):113-136
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ADMINISTRATIVE AND FINANCIAL LAW
PROCUREMENT AUTOMATION AS THE FUTURE OF THE CONTRACT SYSTEM
Kazantsev D.A., Mikhaleva N.A.
Abstract

In the era of digital information electronic trading platforms have become an integral attribute to conduct procurement to meet public needs. Nowadays there is a consistent trend is that legislators transfer the vast majority of purchases to the electronic plane through the use of electronic trading platforms. This incentive of the legislator is attributed to a number of advantages of the electronic form of procurement procedures, which allow to increase their transparency and accessibility to an indefinite number of people. However, the role of electronic trading platforms must not be reduced solely to an electronic platform, which allows only to transfer the procurement procedure in a different form. On the contrary, the potential of electronic trading platforms can significantly simplify and automate business activities of customers, increase the efficiency of procurement not only by expanding competition but also by reducing the organizational burden on the parties of the procurement process, both customers and the participants. The purpose of the article is to present for review ways to improve the operation of electronic trading floors to automate the procurement process during competitive procedures for state and municipal needs. Research methods: formal legal, modeling, analysis and synthesis, induction and deduction. The results of the study. The article presents for review ways to optimize the operation of electronic trading platforms by attracting software and hardware when conducting competitive procedures. Ways of automation the procurement process are described, including integration of the functionality of electronic trading platforms with official registries in order to minimize the risk of a possible rejection of a participant’s procurement application when considering the second parts of applications. Other innovative services of the functionality of electronic trading platforms (auto-completion of forms, data inheritance, automated collection of proposals) have been suggested, the implementation of which will simplify and automate the process of conducting competitive procedures, reduce the administrative burden on the customer, ensure transparency and a competitive basis when holding tenders.

RUDN Journal of Law. 2020;24(1):137-157
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ON THE 60TH ANNIVERSARY OF THE RUDN UNIVERSITY LAW INSTITUTE SCIENTIFIC SCHOOLS AND RESEARCH AREAS
OMPARATIVE CONSTITUTIONAL AND MUNICIPAL LAW SCHOOL (PART II)
Eremyan V.V.
Abstract

The coming calendar year is marked by the fulfillment of the sixtieth anniversary of the Patrice Lumumba University of Peoples' Friendship (later was renamed to Peoples' Friendship University of Russia, RUDN) was founded. Within these sixty years the Faculty of Economics and Law, the Faculty of Law have been operated until the Law Institute, maintaining continuity, took the place. As one of the university graduates and a student of prominent Soviet scholars who stood at the origins of several schools of comparative law that currently exist, the author attempted to follow the dialectical process of formation, development and systematization of the scientific school of comparative constitutional and municipal law that is connected not only with the special nature and features of teaching foreign and domestic students, but also with significant achievements in the field of preparation of candidates in and doctors in this specialty. Contrary to other universities, comparative legal analysis was using as a basis for preparation of domestic law specialists for the states set free from colonial dependence and that explains the choice of regional and country-specific research model for forms of government, administrative organizational structures, political regimes of leading Asian, African and Latin American states with “socialistic” or “capitalistic” orientation. These mentioned states took the path of independent civilizational development, came through the periods of sovereignization and “decolonization” of wide range of political, economic and social relations. The formation of the “grounds” for African, Latin American, Arab-Muslim, Indian comparative studies is connected with the Department of Theory and History of State and Law, within which the scientific foundation of the school of comparative constitutional and municipal law was laid, the “baton was picked up”, at first, by the Department of Constitutional, Administrative and Financial law, and then by the Department of Constitutional and Municipal law, Constitutional law and Constitutional justice and Municipal law that maintained and updated the best traditions related to the training of Russian and foreign students, postgraduate students and doctoral students. At the present stage, comparative law is experiencing a new stage, caused by interest in the processes taking place in the United States and the European Union.

RUDN Journal of Law. 2020;24(1):158-169
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SCIENTIFIC SCHOOL OF PRIVATE LAW OF RESEARCH AT THE PEOPLES' FRIENDSHIP UNIVERSITY OF RUSSIA: DEPARTMENT OF CIVIL LAW AND PROCESS AND PRIVATE INTERNATIONAL LAW
Bezbakh V.V.
Abstract

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RUDN Journal of Law. 2020;24(1):170-185
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PROBLEMS OF THE FIGHT AGAINST CRIME IN THE XXI CENTURY: CRIMINAL LAW, CRIMINAL PROCEDURE AND CRIMINALISTICS DECISIONS
Klebanov L.R.
Abstract

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RUDN Journal of Law. 2020;24(1):186-192
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DEPARTMENT OF FORENSIC ACTIVITY IS AN EXAMPLE OF THE SYNTHESIS OF SCIENCE AND FORENSIC PRACTICES AND EDUCATION
Chesnokova E.V.
Abstract

The features of the joint educational project of RUDN and RFCFS on preparation of masters on the program “Forensic activity in law enforcement” are illustrated. Among them is the direct connection of the teaching staff of the Department “Forensic activity” of the law Institute of the Russian Academy of Sciences, represented by employees of the RFCFS, with practical expert activities. The role of the joint council for the protection of scientific degrees of doctor and candidate of Sciences in the specialty 12.00.12 - criminalistics, forensic activity, operational-search activity created on the basis of the RUDN and RFCFS is considered. It represents the final link in the system of training of higher education personnel in the field of forensic activity. The main forms of international activities of the Department, which include the study and exchange of experience in the framework of relations between the CIS member States, the Shanghai cooperation organization (SCO), the European Union (EU), are considered. Presented the prospects of its development in preparation for placement as a mandatory discipline “the Theory of judicial examination” in the educational process of bachelors and the creation of transferable teaching materials on forensics and criminology that contains integrated knowledge about the history of the development of the modern state of science in Russia and abroad to attract foreign students.

RUDN Journal of Law. 2020;24(1):193-202
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FACULTY OF LAW (INSTITUTE) IN PERSONS
IN MEMORY OF HONORED SCIENTIST OF THE RUSSIAN FEDERATION, DOCTOR OF LAW PROF. V.K. PUCHINSKY
Kuznetsov M.N.
Abstract

This article provides an overview of a number of abstracts and reports made and printed in printed form on the topics of scientists, practitioners, graduate students, undergraduates, students from Russia, Azerbaijan, Belarus, Brrmany, Kenya, indicated in the title of the conference, China, Moldova, Panama and Syria. The review is preceded by a brief, but capacious disclosure of the scientific personality of V.K. Puchinsky, as a scientist, thinker and teacher, prepared on the occasion of the Forum by the employees of the Department of Civil Law and Process and International Private Law of the Law Institute of the Peoples' Friendship University of Russia. Promising research areas were identified by the teachers of the department on relevant topics in the areas of protecting the rights and legitimate interests of financial market participants, introducing digital technologies, developing social entrepreneurship, private law interests in the international arena and traditionally civil legislation of Latin America.

RUDN Journal of Law. 2020;24(1):203-218
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IGNATOV ALEXEY NIKOLAEVICH AND HIS SCIENTIFIC HERITAGE
Ignatova M.A.
Abstract

This article is devoted to the review of scientific ideas of Professor Ignatov A.N. and his contribution to the development of the Russian science of criminal law. Special attention is paid to the scientific provisions on the fight against violent crime against the person and, in particular, against sexual freedom and sexual integrity.

RUDN Journal of Law. 2020;24(1):219-225
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