Vol 25, No 4 (2021)

STATE AND LAW IN CONTEMPORARY WORLD
High-tech law: concept, genesis and prospects
Bertovsky L.V.
Abstract

Relevance. The article considers the development of law as a regulator of public relations in correlation with emerging and applying various technologies by mankind. In the process of transition from low-tech to high-tech, society has experienced three industrial revolutions and is on the verge of the fourth. The article attempts to establish the stage of modern law development and the degree of its convergence with high technologies. The conclusion is made about the emergence of a new phenomenon - high-tech law, the inner side of which is application of high technologies to solve problems that appear in the process of law enforcement, and the outer side is regulation of public relations arising from their use. The purpose of the work is to substantiate the need for a systematic and evolutionary approach to personnel, technical and regulatory support for further development and functioning of high-tech law and to develop reasonable proposals for solving these problems. The materials for the research were scientific works of specialists in the field of philosophy, legal theory, psychology, technology, statistical data. The author’s experience in organizing training of highly qualified specialists aimed at obtaining a set of competences in the field of law and high technologies has also contributed to this research. Methods. The results and conclusions are obtained on the basis of general scientific research methods: logical, systematic, sociological, as well as private-scientific and special: comparative-legal, formal-legal, interpretation, statistical, and some others. Results. The concept of high-tech law is substantiated and formulated, recommendations for its further technological and regulatory modernization are proposed, and a number of conclusions are made that determine the need to change the process of training legal personnel.

RUDN Journal of Law. 2021;25(4):735-749
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The place of local government bodies in a unified system of public government bodies of Russia: issues of theoretical implementation
Chikhladze L.T., Ganina O.Y.
Abstract

The introduction of amendments to the Constitution of the Russian Federation necessitated a theoretical understanding of the established legal norms after their legislative update. Inclusion in the text of the state basic law of the «public authorities» concept, which requires its theoretical understanding, is of unconditional interest. To identify the specifics of the position of local self-government bodies in the state mechanism, depending on a particular model of state governance, it is necessary to study the experience of organization and functioning of the state apparatus at various historical stages. The aim of the study is to analyze the concepts of theoretical scientists on the legal nature and role of public authorities in the life of the state and to determine the position of local authorities in the public authority system in connection with consolidation of their unity with public authorities in the basic law of the state. In the process of research, the authors used general scientific methods of analysis and synthesis, as well as specific scientific methods - historical and comparative legal. It is concluded that, despite the novelty of the concept of «public authorities» in the text of the basic law of the state, conceptually it does not change the basis of the functional interaction of public authorities and local governments. Nevertheless, the normative consolidation of the unity of public authorities in the Constitution of the Russian Federation does not abolish the organizational separation of local self-government and its bodies from public authorities.

RUDN Journal of Law. 2021;25(4):750-767
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ADMINISTRATIVE AND FINANCIAL LAW
Administrative regulations as a type of public administration acts
Arzamasov Y.G., Nazaykinskaya V.A.
Abstract

The article examines a relatively new type of public administration acts for the Russian legal system - administrative regulations. Despite the widespread use of this type of act, its legal nature, features of the legal structure, and classification remain insufficiently studied, which determines the relevance of this study. The purpose of the study is to identify the specific characteristics of administrative regulations, allowing to classify them as a special tool for realisation of various public administration forms. Achieving this goal suggests analysis of regulatory legal acts, both Russian and foreign, as well as certain approaches to legal doctrine to determine the essence of administrative regulations, various public administration forms, and acts of public administration. Based on the analysis of theoretical and empirical data, the authors offer their definitions of acts of public administration, administrative regulations, and tools for realisation of public administration forms. In the process of research, the authors used a formal legal method that allows characterising the legal nature of administrative regulations, their role, and place in the system of acts of public administration, a comparative legal method to identify the general and the special when comparing domestic and foreign experience and general logical methods (analysis, synthesis, analogy).

RUDN Journal of Law. 2021;25(4):768-790
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Category of time limit in administrative procedural law
Beliakovich E.V.
Abstract

Administrative procedural law is full of numerous and varied procedural time limits which, as time-related categories, define the temporal boundaries of the administrative process and can act as an effective regulator of administrative procedural legal relations. The article examines the concept of time limit in administrative procedural law from the standpoint of integrativeness. It notes that the studied issue was not thoroughly elaborated in science, which appears to result from the «young age» of administrative procedural law as a separate branch. The research identifies substantial characteristics of the administrative procedural time limit. It reveals the temporal content of time limit in administrative procedural law. A conclusion is reached that the administrative procedural time limit results from the impact of temporal categories on the administrative procedural legal regulation when administrative cases are settled by a public administrative authority and a court. The administrative procedural time limit is recognised as a tool used for temporalizing the administrative process and aimed at ensuring the dynamism of administrative procedural activities through duration, speed, rhythm and cyclicity. The article identified the trend towards the legislative refinement of the administrative procedural time limits. In an integrative sense, the attributes inherent to the administrative procedural time limit reveal the versatility and rich inner content of the concept of time limit in administrative procedural law, which results from the legal synthesis of temporality and authoritative procedural activities of public administrative authorities and courts in settling administrative cases. The article proposed the definitions for the category of «time limit in administrative procedural law» both in a narrow and broad sense, as well as with an emphasis on the temporal side of the examined category.

RUDN Journal of Law. 2021;25(4):791-813
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Controlled foreign companies of Russian residents in the context of world trends
Frolova E.E., Tsepova E.A.
Abstract

The subject of this article is financial relations of the state and its tax residents with foreign assets (stock), as well as control over such companies through various legal mechanisms. The authors examined the main global trends in the development of legislation on controlled foreign corporations, as well as characteristics of tax systems that may contribute to such norms introduction. It was found that implementation of international multilateral agreements such as CRS MCAA and CBC MCAA in the field of tax control enhances development of anti-offshore regulation, including legislation on controlled foreign corporations. Particular attention is paid to the comparative legal analysis of the controlled foreign companies’ (CFC) rules in 15 jurisdictions, including the Russian Federation and identification of similar and specific rules. As a result of the research, the authors came to the conclusion that Russia is following the world trends, although at this stage it is not the country that forms them. In the future, to successfully apply the CFC legislation in the Russian Federation, it will be necessary to improve the existing norms , increase the efficiency of tax administration and improve the legal status of taxpayers.

RUDN Journal of Law. 2021;25(4):814-830
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INTERNATIONAL LAW. FOREIGN LAW
Legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development
Novikova T.V., Kuts S.O.
Abstract

The authors elaborate on one of the controversial issues of international air law - safety of civil aircraft in flight in respect of the use of weapons against it. The first part of the present article considers major aerial accidents arising from shooting down the civil aircraft for the last 70 years as a factual basis for further legal analysis. In the second part, the authors back up customary prohibition of the use of weapons against civil aircraft in flight and legal consequences for states for violating the mentioned principle. The authors investigate the grounds for the ‘security exception’ and conclude that the only grounds for derogation from the principle of non-use of weapons against civil aircraft is Article 51 of the UN Charter proclaiming the inherent right of the state to self-defence. Even in this case, the application of the ‘security exception’ by the state is tolerated by using a set of precautions before employment of weapons. Finally, authors conclude that compensation for victims reflects the inevitable monetisation of human lives. Moreover, states’ negotiations reveal the controversial reality of trade-offs between them, where compensation amounts are occasionally affected by external political factors and current position of a particular state in the international community.

RUDN Journal of Law. 2021;25(4):831-854
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Ensuring food security of indigenous peoples in Latin America by the UN food and agricultural organization (FAO)
Rakhman A.Z.
Abstract

The activities of the United Nations in the 21st century, as in the earlier period, are undoubtedly devoted to protection and promotion of human rights. It promotes the realization of fundamental human rights through specialized agencies in various fields taking in account concerns and needs of vulnerable groups of population, in particular indigenous peoples. The World Food and Agricultural Organization (FAO), in its turn, develops policies and implements strategies and programs to guarantee food security and the right to food to aboriginal people around the world, including in Latin America.

RUDN Journal of Law. 2021;25(4):855-871
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LAW AND GENOMIC RESEARCH
Epistemological issues of research of the subject and object of legal protection in genomic relations
Semyonovikh A.E.
Abstract

The relevance of the research topic is justified by the rapid technological development of genetics and genomics and introduction of genetic technologies and inventions in scientific and medical practice, which is not provided with a proper systematized legal protection in national and international legislation. The legislator’s problems are caused by the uniqueness and complexity of the genomic legal relationship. The subjects of knowledge in the framework of post-non-classical scientific rationality need to focus on the epistemological philosophical foundations of the knowledge of genomic legal relations. The purpose of the study is to identify and reflect the features of knowledge of the legal protection of genomic legal relations. Research tasks suggest defining the concept and composition of genomic legal relations, identifying the object and subject of legal protection of genomic legal relations, distinguishing between the concepts of "legal safeguard" and "legal protection" of genomic legal relations. The methodology of scientific research includes the dialectical method, general scientific logical operations (deduction and induction, analysis and synthesis), and private scientific methods (formal legal and comparative legal methods). Within the framework of the methodology of post-non-classical scientific rationality, a systematic approach to the study of the object of knowledge is used - the study of the structure, functional and instrumental aspects of the protective genomic legal relationship.

RUDN Journal of Law. 2021;25(4):872-887
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Methodological function of the “genomic information” notion for human genome interdisciplinary researches
Berg L.N.
Abstract

The author is convinced that a notion ‘genomic information’ is widespread in sciences thus justifies that a genomic information is already a general scientific notion. The author differentiates internal and external factors that have a great impact on the notion of ‘genomic information’. Internal factors are digitalization of sciences, interdisciplinary research, and a new type of rationality in science. External factors are modern economy that is based on scientific and technical progress. The article refers to the theory of notions’ ranges that was substantiated by A.M. Vasil’ev. It creates a new notions’ range concerning the notion of ‘genomic information’. It is crucial to understand that this notion is investigated in the aspect of legal information. In the author’s opinion, notions’ range concerning the ‘genomic information’ notion forms the basis for a fresh interdisciplinary law-and-genome theory which will be developing consequently. The author asserts that it is necessary to use general scientific approaches for law-and-genome information’s research. In this sense systematic and informational approaches are the most significant for interdisciplinary law-and-genome theory ones.

RUDN Journal of Law. 2021;25(4):888-900
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Organizational and legal problems of the program for the development of genetic technologies implementation
Zhavoronkova N.G., Agafonov V.B.
Abstract

The relevance of this study is determined by the fact that at present legal regulation of genetic research is not comprehensive and does not provide a complete regulation of social relations in the focus. Оne of the factors hindering the development of genetic technologies is the absence of a basic law “On genetic technologies”. The purpose of the study . The article is devoted to the analysis of modern legal problems and the search for optimal solutions to the organizational and legal problems of the program for the development of genetic technologies implementation. Materials and methods of research . In order to understand modern approaches to relevant problems of improving the organizational and legal mechanism of the program for the development of genetic technologies implementation associated with environmental and biological risks and threats, a comparison of various methods of legal regulation and management, including dialectical, logical, and predictive methods, as well as the method of system analysis, is carried out. Results. Application of these methods allowed to conduct a comprehensive legal analysis of the current legislation and state strategic planning documents, work out a theoretical and legal basis for the development of the basic law “On Genetic Technologies” and formulate other proposals to improve the current legislation. The core powers of the National (federal) Bioresource Center, the network of federal and regional centers of genetic technologies, as well as the National Center for Biosafety have been identified and grounded by the authors.

RUDN Journal of Law. 2021;25(4):901-916
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REVIEWS. DISCUSSION FORUMS
Leader in law theory: in memory of Alexander Fedorovich Cherdantsev
Vlasenko N.A.
Abstract

The article is dedicated to the memory of Professor A.F. Cherdantsev, a well-known Russian legal theorist. In the focus are creative periods of the scientist's life. Particular attention is paid to his contribution to the development of legal science with the emphasis on law interpretation, scientist’s achievements in the field of investigating epistemological nature, values (principles) of interpretation of legal norms, formulation of linguistic, systemic and other rules. The author's contribution to the development of methodology of law and his criticism of the integrative approach in jurisprudence have also been illustrated. The article analyzes the scholar’s development of the legal norm doctrine, its structure, technical and legal regulations, etc. His contribution to the development of educational literature is separately considered and highly appreciated. The tribute is also given to his individual scientific papers. It is proposed to systematize and republish Professor Cherdantsev’s works.

RUDN Journal of Law. 2021;25(4):917-929
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He was the best among us. In memory of our friend and colleague - Vitaly Vasilyevich Bezbakh (1947-2021)
Kuznetsov M.N.
Abstract

It just so happens that you begin to understand the true scale of a scientist’s personality after his death. Vitaly Vasilievich Bezbakh left us on June 25, 2021, completing his life path in the prime of his talent as a scientist, organizer of science and teacher. The article is dedicated to the memory of Professor Bezbach. The main directions of scientific research, contribution to Russian civil law, arbitration process and private international law are analyzed.

RUDN Journal of Law. 2021;25(4):930-934
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Overview of European legislation in the field of creating and functioning of population registers
Trofimets I.A.
Abstract

The article offers an analysis of the European legislation in the field of creation and functioning of information systems for population registration. The author argues that population accounting is conditioned by the need to solve multiple domestic economic, social and demographic issues, as well as global problems of mankind. The information of the UN Statistical and UN Population Commissions on population and housing stock based on the states’ information systems formed the main selection criterion. The conducted research allowed us to conclude that there is no uniform approach in the legal regulation of population registration in EU national territories. Austria, Belgium, Denmark, France, Hungary, Iceland, Netherlands, Norway, Sweden and Finland have established and operate unified registers containing information about the population. Although the information systems differ, the common feature is that the public nature of the register information is emphasized; it is integrated and unified throughout the territory, the terms “central” and “national” are widely used. The author concludes that the study of world experience contributes to the improvement of national legislation and law enforcement in the relevant field of public relations, which is especially relevant in connection with the adoption of Federal Law No. 168-FZ of 08.06.2020 “On the Unified Federal Information Register containing information about the population of the Russian Federation”.

RUDN Journal of Law. 2021;25(4):935-945
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Review of the monograph: Malko, A.V., Lipinsky, D.A., Musatkina, A.A. (eds.). (2020) Legal responsibility in the legal system of Russia: regulatory and legal implementation problems of relationships, interactions and contradictions. Moscow, RIOR Publ.
Bolgova V.V.
Abstract

The review of the collective monograph “Legal responsibility in the legal system of Russia: regulatory and legal implementation problems of interconnections, interactions and contradictions” assesses the content of a monographic study and evaluates contribution of its authors to the modern theory of legal responsibility. The review formulates critical remarks and suggestions on the research problem.

RUDN Journal of Law. 2021;25(4):946-950
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