RUDN Journal of Law

The article focuses on the relationship between internal and external forms of law. The author argues that implementing the leading principle of the rule of law - the priority of law over statute - is substantially complicated in Russia by the absence of а well-founded conceptualization of law in the legal literature that could serve as reliable criteria for assessing the legal nature of statutes. The paper argues that objective law, understood as an internal form composed of legal principles together with the universal rights and freedoms of individuals enshrined in international and domestic norms, can fulfill this role. The process through which objective law moves from potentiality to actuality generates four external forms: positive law, individual law, concrete law, and factual relations. Accordingly, external manifestations such as statutes, individual rights, and concrete legal entitlements should conform to objective law.

A nuanced understanding of the theory of Neil MacCormick, one of the leading figures in contemporary analytical jurisprudence, is crucial for enriching the ontological and epistemological foundations of modern Russian legal theory. MacCormick has exerted a significant influence on current scholarly debates in analytical jurisprudence and has advanced theoretical and practical arguments that are important for the development of a positivist conception of law. The aim of this study is to develop a critical assessment of his legal theory by reconstructing the premises and core elements of his theory. The research employs a range of philosophical, general scientific, and specialized methods, including dialectics, formal logic, and systemic, historical, and biographical approaches. It is shown that MacCormick’s views took shape within the specific intellectual environment of Anglo-American academic discourse during the contemporary stage in the development of analytical philosophy and jurisprudence. An analysis of the contemporary scholarly debate surrounding MacCormick’s views, together with the author’s critical observations, shows that his theory, which evolved from positivism to post-positivism, presents problems of theoretical positioning and related shortcomings. The study concludes that MacCormick offers a narrowly liberal understanding of law that does not take into account the diversity of existing legal systems. At the same time, he successfully identifies key regularities in the functioning of contemporary law, case law and legal argumentation, as well as the specific features of supranational regulation in its interaction with national legal orders.

The aim of the study is to substantiate the scholarly value of examining fiction within the theory of state and law and to identify the patterns of authoritarian rule reflected in M. D. Simashko’s novella “Emshan”. The research employs general scientific methods (analysis, synthesis, induction) and specialized methods, particularly hermeneutical and legal-dogmatic approaches, which made it possible to treat the literary text as a source of legal ideas and interpret them, as well as the historical-legal which was method used to reconstruct the context of the functioning of political power in the narrative. The study identifies the following patterns of authoritarian political domination reflected in the fictional narrative: the acquisition and retention of power based on the “law of force”; the formation of a closed ruling elite; the need for continuous legitimation through foreign-policy successes; the systematic elimination of close associates; an instrumental attitude toward law; the leader’s subjective loneliness; and the problem of succession to supreme power. The article concludes that “Emshan” is not only a literary remove the coma, but also a philosophical and legal study that reveals the nature of authoritarian political power, and that the patterns it depicts transcend the specific historical context and are significant for understanding fundamental issues concerning the functioning of society’s political and legal organization.

In the context of the development of digital technologies, public administration is undergoing fundamental changes aimed at improving efficiency, transparency, and the quality of interaction with citizens. However, the implementation of the digital government concept faces a number of challenges: an outdated regulatory framework, information security and cybersecurity risks, the need to protect personal data, and the necessity of eliminating the digital divide between different social groups. Therefore, the adaptation of legal regulation and the optimization of public administration digitalization processes are of particular importance. The aim of the study is to formulate practical recommendations for eliminating key barriers and improving the efficiency of interdepartmental cooperation, based on a comprehensive analysis of public administration digitalization processes. The empirical basis of the research consists of scientific publications on the stated topic, as well as official data and reports from relevant government agencies The methodological basis includes comparative legal and formal legal methods, statistical analysis, and the methods of analysis and synthesis. Ensuring the stable operation of digital services, together with the transparency of interaction procedures between public authorities and citizens, is a determining condition for building public trust in state electronic platforms. The implementation of a multi-layered personal data protection system, complemented by systematic efforts to enhance the digital competencies of the population significantly increases the resilience of communication channels in the event of cyberattacks and unexpected technical failures. Designing information systems according to a modular principle opens up the possibility of promptly reconfiguring the infrastructure to meet the evolving needs of both users and public authorities, while reducing implementation time and conserving resources. The integration of engineering and technical developments with educational programs lays a solid foundation for the progressive transformation of digital public administration. An integrated approach combining technical solutions and educational initiatives is a prerequisite for the formation of a sustainable and trustworthy digital environment; a multi-level data protection system combined with digital user training programs serves as an effective mechanism for ensuring the reliability of digital government services; the modular architecture of digital platforms provides a high degree of flexibility and adaptability in line with contemporary needs.

The relevance of the topic stems from the fact that constitutional law enforcement remains a controversial legal institution that has not yet been fully examined by constitutional law scholars and legal theorists. In this article, the authors offer a structural and substantive analysis of constitutional law enforcement in Russia in the context of the transition to a new stage of constitutional development. Reconsideration of the nature of constitutional law enforcement requires overcoming complex legal, political and ideological contradictions. The purpose of the study is to develop an integrated approach to constitutional law enforcement and to construct a comprehensive concept of this institution. Appropriate methods of scientific inquiry were employed to examine existing concepts of constitutional law. The study is based on rational and methodological approaches aimed at clarifying traditional concepts of constitutional law enforcement in the humanities that are grounded in the principles of natural law. The results include a formulated definition of constitutional law enforcement and an analysis of its various types, which contributes to a deeper understanding of the application of constitutional norms. In addition, the authors examine constitutional law enforcement in the context of its relationship with the concept of a “living constitution.” The article identifies and analyzes several forms of constitutional law enforcement - direct, derivative, exclusive, and interpretative - thus providing a more nuanced view of how constitutional norms are implemented by different actors.

International treaties, as an important source of international law, serve as a means of interaction and regulation of international relations of sovereign states across various spheres. At the same time, they exert a significant influence on national legislation, creating interaction between international and domestic legal systems that often involves specific practical complexities and challenges. For this reason, each national legal system must determine the place and legal status of the international treaties it has concluded, as well as other specific features of their implementation. This article provides a legal analysis of a fundamental and comprehensive normative act, the 2023 Law of the People’s Republic of China on Foreign Relations, and examines the formal-legal and other characteristics of the position of international treaties within China’s national legal system under this Law. Special attention is given to the key provisions of the document (including an analysis of the principle of good-faith performance of international legal obligations), their legal significance and their practical implementation by such bodies as the National People’s Congress, its Standing Committee, and the State Council. The article also explores the mechanisms through which domestic legislation interacts with China’s international treaty obligations, assesses the hierarchy of legal sources, and identifies legal gaps and challenges that arise in the course of their application. On the basis of comparative legal analysis, it concludes that China’s national legal instruments require further refinement to ensure the effective fulfilment of its international obligations and proposes possible directions for improving legislative mechanisms.

The article examines different interpretations of the legal term “type of permitted use of land plots” found in legal literature. It analyzes land and urban planning legislation that regulates the conceptual framework and the procedure for establishing and changing the type of permitted use of land plots. A historical and legal analysis is conducted to trace the evolution of the legal regulation of the concept of “type of permitted use of land plots.” The article explores the characteristics of the type of permitted use of a land plot as a legal category and assesses the role of judicial practice in enforcing the procedure for establishing and changing such types, as well as in developing uniform law enforcement practice.

Combating offenses in prisons requires a scientifically grounded balance between security measures and operational-investigative activities (OIA). The reforms in the Republic of Poland (2010-2026), which culminated in the creation and subsequent emergency liquidation of the Internal Security Inspectorate, illustrate the crisis that can arise from departmental isolation of operational units within the penitentiary system. Objective: using a comparative legal analysis, this study identifies systemic shortcomings of the autonomous model of operational-investigative services in the Polish penitentiary service and determines the limits of the permissible expansion of the operational-investigative powers of the Federal Penitentiary Service of Russia. Materials include regulatory legal acts, statistical data, and scientific literature from both countries. Methods combine formal-dogmatic, historical-legal, and comparative legal approaches with systemic analysis of empirical data. Findings: it was found that granting the Polish Prison Service secret-service powers without without granting it the status of a body of inquiry resulted in the rejection of its materials by the courts; financial incentives for agents led to an increase in false reports; and the separation of the Internal Security Inspectorate provoked conflict with the police and shifted priorities toward recording minor offenses. Conclusion : security in correctional facilities should rely on integration of the penitentiary service into the broader national law-enforcement system. The Russian model, based on interagency coordination within a unified legal framework and informed by scientific review of reforms, demonstrates a high degree of resilience to systemic crises.

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