Vol 23, No 2 (2019)

CONSTITUTIONAL LAW
MODERNIZATION OF THE CONSTITUTION OF RUSSIA (TO THE RESULTS OF THE DISCUSSION IN CONNECTION WITH THE 25TH ANNIVERSARY)
Vlasenko N.A.
Abstract

A quarter of a century has passed since the adoption of the Constitution of the Russian Federation by a national referendum. The jubilee gives a reason to talk about the optimality of constitutional provisions, their effectiveness, and somewhere practical expediency. The article aims to analyze the points of view expressed in this regard in the scientific press, newspaper periodicals and other media. However, the author first refers to the history of the emergence of the Constitution of the Russian Federation in 1993. It is noted that the Basic Law, on the one hand, was a result of military-political compromise between supporters of the parliamentary vision of the future structure of the country and supporters of a strong presidential power, on the other hand, allowed ultimately abolish the Soviet system and traditions. The mentioned situation and the factor of haste and hurry could not but affect the content and technical and legal quality of the document. The author has reduced the opinions expressed on the issue of modernization of the Constitution of the Russian Federation to three main positions: 1) The Constitution has not exhausted its potential and there is no reason to change its text; 2) a full-fledged constitutional reform is required, the current Constitution has exhausted its potential; 3) there is a need for precise partial changes and additions that can improve the Constitution. The article argues that the last position of the so-called precise partial changes is the most productive and allows to make the constitutional document adequate and relevant. In this regard, it is proposed to hold several round tables at the initial stage on the development of concepts for improving the constitutional foundations. One of them, the author calls promising and offers to prepare a list of proposals for the removal of ideologically and actually not confirmed in practical life provisions. These are provisions about Legal State (excluding the principle of separation of state power), Welfare State, etc. Another concept that also needs to be developed is institutional (the concept of the legal status of public authorities, their powers, checks and balances, etc.). These ideas, the author believes, should be a compromise between scientists, then become public and be implemented in the practice of constitutional construction.

RUDN Journal of Law. 2019;23(2):163-183
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STATE AND LAW IN CONTEMPORARY WORLD
THE ROLE OF RATIONALITY PHILOSOPHY IN LEGAL STUDIES (PART II)
Ivanskiy V.P., Kovalev S.I.
Abstract

The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as “classical”, “non-classical” or “post-non-classical” science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The purpose of the study is: 1) to find new non-classical foundations for the development of legal knowledge; 2) to substantiate the point of view that the category of “scientific rationality” and its typology used in philosophy, it is necessary to introduce into scientific use of legal science, which will push the boundaries of knowledge of legal reality; 3) to describe the features of understanding of the term "scientific rationality" in law in the context of its classification into the following two groups: classical and neoclassical (post-classical), as well as non-classical and post-classical. In the process of studying the philosophy of rationality in legal studies used a diverse set of methodological tools : 1) General philosophical methods (dialectical and idealistic); 2) General scientific methods - analysis and synthesis, deduction and induction, analogy, comparison; 3) and private (special) - logical, comparative-legal, formal-legal, normative-dogmatic; 4) method of interpretation, including the method of problem-theoretical reconstruction. The main results of achieving the goal of the study were proposals on: 1) introduction of the concept of “types and models of legal rationality” into the scientific circulation of jurisprudence; 2) classification of legal rationality into classical and non - classical types and corresponding models-neoclassical (post-classical) and post-non-classical. It should be noted that the post-classical and post-non-classical styles of legal thinking are evolved versions, respectively, of the classical and non-classical types of legal rationality. The basis for the classification of types of scientific rationality in legal science was the anthropological factor-consciousness homo juridicus and methodological tools with which legal consciousness is known. The novelty of the study is that the above classification of epistemological paradigms allows us to look at the law as a multilevel reality, which is simultaneously inherent in the two mechanisms of its Constitution - external and internal. Moreover, the presented criteria-based classification of legal rationality is the basis for the development of legal knowledge.

RUDN Journal of Law. 2019;23(2):184-199
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LEGAL INTERPRETATION IN RUSSIAN LAW: THE UNITY OF THE METHODOLOGICAL AND ACTIVITY APPROACHES
Gavrilova Y.A.
Abstract

The problem of legal interpretation in Russian jurisprudence is characterized by an extremely wide range of opinions: from formally dogmatic to postmodern. Every scientist tries to see in the interpretation something «his own». A number of scientists believe that it is possible to discuss the terminology of the question, in particular, the distinction between «interpretation» and «explain». Others consider that the purpose of studying the interpretation is to find the best ways to understand the laws published in the state. For the third, the interpretation is interesting in that it lies at the basis of the discretion of officials in the course of practical work on resolving legal disputes, and this raises questions of the limits of interpretation. For the fourth, the interpretation has the status of an ideological toolkit for solving social problems, for example, in constitutional judicial proceedings. The current doctrinal state of the interpretation problem lags behind the needs of legislation and legal regulation practice. Therefore, the changes in the passport of a scientific specialty 12.00.01 - the theory and history of law and the state; the history of the doctrine of law and the state, which singled out the legal interpretation as an independent method of the study of law, requires due scientific attention. The purpose of the article is to give the author's a generalized idea of the place and meaning of legal interpretation in modern Russian law on the material of available scientific literature. Research methods: formal legal, analysis and synthesis, modeling, extrapolation. The results of the study. The age-old disputes over legal interpretation among scholars and practitioners lawyers, philosophers, politicians are explained by the polysemy of the term «interpretation», which allows considering it, according to the author’s article, in two fundamental meanings: narrow and broad. In a narrow linguistic sense, interpretation is a combination of linguistic methods for analyzing legal texts. In a broadly discursive sense, interpretation is perception, translation (decoding) and extracting the meaning of any legal phenomena. Separately highlighted are the methodological and activity aspects of this problem, focusing respectively on modern approaches to interpreting the phenomena of the entire legal life of society, as an integral part of legal discourse, and traditional approaches to interpretation as special activities aimed at understanding the meaning of textually fixed legal norms using special technical-legal means. It is concluded that the generalized consideration of legal interpretation in modern Russian law is necessary in the unity of the methodological and activity aspects.

RUDN Journal of Law. 2019;23(2):200-218
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HISTORICAL AND LEGAL RESEARC
INSTITUTES OF PUBLIC AUTHORITY IN KALMYKIA IN THE 17TH - EARLY 20TH CENTURIES FROM THE PERSPECTIVE OF CIVILIZATION AND CULTURAL APPROACH
Komandzhaev E.A.
Abstract

In order to more clearly present the processes, which taking place in Russian society, for a clearer assessment of the situation of national republics within the Russian Federation, it is necessary to turn to the historical and legal development of separate nations within Russia. Changes in the system of government of Russia, the emergence of new socio-economic, political, spiritual and cultural problems necessitate the development of new forms of cooperation between the regions and the federal center. The search for a better model of state administration of the regions pay our attention to the historical and legal development of public administration institutions in Kalmykia in the 17th-19th centuries. In this regard, we can turn to the experience of the development of Kalmyk society within Russia, namely the development of institutions of public authority and management of Kalmyk society. Since the formation of the Kalmyk Khanate within Russia, the central government practically did not interfere in the internal affairs of the Khanate. Gradually, the Russian government began to intervene in the choice of the head of the Khanate, in the settlement of disputes between the nobility. Further, Russian government officials appear in the Kalmyk steppe, submitting to central and local government bodies. As a result by the middle of the XIX century, a system of bailiffs was formed, and then the system of guardianship by the Kalmyk people, which practically eliminated national governance, transferring the functions of exercising public authority to the Russian authorities. At the same time, the Russian government adopted several regulatory legal acts aimed at improving public administration of the Kalmyk society. In addition, ministry officials and the administration of the Astrakhan province developed a number of projects to reform the management system, taxation and judicial system in the Kalmyk steppe, which were never accepted for various reasons, but which were important for improving the management of the Kalmyk society. A number of projects were developed in connection with reforms in Russia in the 60s-70s of the 19th century and therefore, changes were needed to manage the Kalmyk people. The implementation of reforms, among other things, interfered with the dependence of common Kalmyks on noyons and zaisangs, which was abolished only in 1892. This reform freed noyons from managing ulus, and zaisang from managing aimags. In addition, taxation of the Kalmyk people was reorganized, which continued into the beginning of the 20th century. Subordinating Kalmykia to the Ministry of the Interior in 1902, the government reorganized the administrative-territorial structure, but further transformations in Kalmyk society were suspended by the world war and the revolutionary events of 1917.

RUDN Journal of Law. 2019;23(2):219-243
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CRIMINAL LAW AND CRIMINOLOGY
CRIMINAL LAW AND CRIMINALISTICS PROBLEMS OF LAW ENFORCEMENT AGENCIES ACTIVITY IN ARCTIC REGION
Bertovsky L.V., Klebanov L.R.
Abstract

The actual problems of criminal law and criminalistics with which law enforcement agencies in Arctic have been facing are concerned in the present article. Successful development of Arctic region demands struggling against criminality affected by special climate, geographic, ethnic, social, legal and another factors. These circumstances roughly embarrass the combating with criminality in Arctic, taking into account sparse population of the region, remote location of communities from organs of state power, ingenious people alcohol abusing, negative affecting of harsh arctic conditions on mental health of inhabiting person. Being one of the richest recourse region all over the world, Arctic has becoming the stage of competition between arctic states. Upkeeping of order on Russian arctic territory is very important aim under these circumstances. In the article legal regiment of Arctic is concerned and characteristic of Arctic social and economy situation is given. The authors demonstrate structure of Arctic criminality and crimes committed on this territory are analyzed. Special attention is centered on analyzing of ecological crimes committed in Arctic taking into account wealthy of local fauna and environment. The problems of law enforcement criminalistics providing also are attentively analyzed, for example, issues of criminalistics methodic for crime investigation, usage of the new technic tools and devises of criminalistics, interconnection between investigators and detectives. Such interconnection is embarrassed by remote locations islands from mainland. The article is grounded on extensive materials from empiric, scientific and law origins related to criminality existing in the different Arctic countries (USA, Canada, Russia, Scandinavian states). This article is the first one discussing various problems of combatting criminality in Arctic region. In the process of preparing the article authors have come to conclusion that Arctic crimes there committed poses special sort of criminality - “frozen” criminality. Such sort provided by special factors must be explored in the future in order to get success while combating the criminality in Arctic.

RUDN Journal of Law. 2019;23(2):244-263
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INTERNATIONAL LAW
INTERNATIONAL LAW IN THE CONTEXT OF ECONOMIC GLOBALIZATION
Mamedov A.A., Batova V.N.
Abstract

The article examines the international legal integration regulation of relations in the sphere of economics and finance context of globalization. The modern era - an era of globalization, which includes the highly dynamic development of integration processes in various areas of activity of the state. Globalization is an objective the emergence of supra-national / transnational elements of legal regulation. More and more questions of domestic jurisdiction transferred to the states under the international legal regulation. In the context of globalization in the development of the law is a tendency of formation of international integration law. Therefore, considering the legal regulation of relations in the sphere of economics and finance in the modern period, we can not ignore world integration processes as a result of globalization.

RUDN Journal of Law. 2019;23(2):264-288
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LEGAL REGULATION OF GOVERNMENT SERVICES IN THE PROVISION OF PUBLIC SERVICES IN THE UNITED STATES AND RUSSIA
Novikova I.D.
Abstract

Having adopted the Constitution in 1993 and declared itself a social state, the Russian Federation assumed the duty not to exert power over its citizens, but to provide them with services. However, the provision of services has become a new, previously uncharacteristic area of activity of the state apparatus. Given this, the issue of creating a qualitatively new system of public administration in Russia was of particular relevance. Since the early 2000s. its decision is directly related to the «administrative reform», in which, among other things, the term «public service» was introduced into domestic legal circulation. Currently, the issue of improving the efficiency of public services is still on the agenda, because in the sphere of realization of citizens and organizations of their right to receive public services remains unresolved a number of problems, the main of which is the lack of a full legislative framework governing the institution of public services. The author, having carried out a comparative legal analysis of the administrative legislation of the Russian Federation with the legislation of the United States, which is considered more progressive in this area, attempts to identify the most significant advantages and disadvantages of the current domestic legal framework in the provision of public services. Taking into account the findings, the author formulates proposals aimed at improving the efficiency of management decisions in the provision of public services.

RUDN Journal of Law. 2019;23(2):289-304
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