RUDN Journal of Law

Editor-in-Chief: Oleg A. Yastrebov, Doctor of Laws, Doctor of EconomicsProfessor

ISSN: 2313-2337 (Print) ISSN: 2408-9001 (Online)

Founded in 1997. Publication frequency: quarterly.

Open Access: Open Access. APC: no article processing charge

Peer-Review: double blind. Publication language: Russian, English

PUBLISHERPeoples’ Friendship University of Russia named after Patrice Lumumba (RUDN University)

Journal History

Indexation: Russian Index of Science Citation, RSCI, DOAJ, Crossref, Google Scholar, Ulrich's Periodicals Directory, WorldCat, East View, Cyberleninka, Dimensions, ResearchBib, Lens, Research4Life, JournalTOCs


RUDN Journal of Law is a scientific periodical devoted to fundamental and sectoral studies in the field of law.

The journal publishes materials that satisfy the requirements of scientific novelty and relevance – scientific articles, review articles, analytical reviews of modern legislation, both in Russia and abroad, reviews of monographs.

Aims and Scope:

  • to publish the results of original scientific research on a wide range of issues of modern development of the state and law in the modern world;
  • to promote scientific exchange and cooperation between Russian and foreign legal scholars, specialists, including representatives of related fields;
  • to acquaint readers with the latest areas of research in the field of legal science both in Russia and abroad, their practical implementation;
  • publish the results of scientific research on interdisciplinary problems that reveal the interaction of law, economics, politics, culture, communications, etc .;
  • to promote the study of the peculiarities of legal systems by various socio-cultural communities, including student youth.

Materials presenting the analysis of the latest legislation and law enforcement practice, including articles on current issues of public and private law, specifics of realization of certain institutions of law, are welcome. A special feature of publication is rubrics covering issues of genetics and law, law and genomic study, as well as legal research methodology.

The journal publishes reviews of the most important scientific events, reviews textbooks which are recognized among the wider legal community, announcements of new scientific literature. In addition, the journal welcomes articles in English with extended translation. 

The journal is intended for researchers, teachers at law schools and faculties, graduate and post-graduate students, practicing lawyers, as well as a wide range of readers interested in legal issues; it is addressed to Russian and international audiences.

A feature of the journal is the regularly announced thematic issues devoted to the most significant scientific problems. Both Russian and foreign scientists can be invited co-editors of such issues. A versatile in-depth study of the problems of the right to clarify the positions of scholars and specialists on controversial, complex presentation of various scientific schools on complex issues of jurisprudence, the development of an optimal research methodology.

The journal strictly adheres to the international edition of the publication ethics, compiled in the COPE document (CommitteeonPublicationEthics)



Theme issue

Posted: 14.10.2023

Dear readers and authors!

We would like to notify you that the 3rd issue of the Journal for 2024 will be devoted to Digitalization and Law. In this regard, the editorial board invites you to prepare scientific articles on this topic. The scope and requirements for the format of articles remain unchanged.

Finished accepting articles for publication in 2023.

Posted: 17.07.2023

Dear authors! Finished accepting articles for publication in 2023.

The editors are accepting manuscripts for issues of 2024.

More Announcements...

Current Issue

Vol 28, No 1 (2024)


Legal anomie as a factor in reducing effectiveness of law-making activities
Malko A.V., Lipinsky D.A., Ivanov A.A., Markunin R.S.

The article investigates the issue of legal anomie through the prism of amendments to the current Russian legislation. It is noted that in critical situations of society development, such changes can be explained both by the need to regulate new social relations and by the development of anomie penetrating into the structure of public administration. The article analyzes characteristic of the subject of legislative initiative through manifestation of legal idealism. The method of comparing the number of amendments introduced to various regulations is applied, which allows to conclude that there is a frequent lack of consistency in legislator’s actions. It is noted that legislation concerning various spheres of legal regulation changes in different ways. Constitutional legislation is given as an example of rational amendments. It is concluded essential to move from periodic changes in the law to scientifically based legal reforms, within the framework of which the amendments to the law should be characterized by consistency and systematicity. The leading role in overcoming destructive processes in the development of domestic legislation is assigned to the Constitutional Court of the Russian Federation. It is concluded that the process of amending legislation and its dynamics has a certain historical connection with the development of legal anomie in society. The different activity in the development of new bills, which is characteristic of different participants in the legislative process, may indicate that the level of anomie is not the same in different authorities and at different levels of public administration. Particular attention is paid to consideration of the specifics of implementing the right of legislative initiative by the representative bodies of the constituents of the Russian Federation. The spread of legal anomie in the legislative process is one of the most dangerous phenomena in the legal system; it has the most destructive impact on the effectiveness of law enforcement and justice.

RUDN Journal of Law. 2024;28(1):7-28
pages 7-28 views
Metaphorical model of semantization of ideas of law
Yaroshchuk I.A.

Law as a special kind of ideal being, generates its own system of ideas and meanings, the verbal representation of which involves not only directly nominative linguistic units, but also semantic tropes, namely, metaphor. Metaphor is a little-studied linguistic phenomenon in legal science, whose functioning in the language of law is denied by many researchers. However, metaphor is an integral component of the nature of law, realized in its various sources. Stemmed from the deep structures of language, metaphor allows appealing to a priori ideas of law of metaphysical level, not subject to rational argumentation, which becomes an integral part of the legal system, making the legal text understandable and accessible to the recipient. The relevance of the chosen topic is conditioned by the necessity to study the metaphorical meanings of legal language at the stage of creating law and interpreting legal realities. For this end the author uses the methods of semantic analysis, and, in general, raises interest in metaphor and metaphorical model in modern science, as well as functioning of metaphor in the legal space. The novelty of the idea underlying the paper lies in applying metaphorical models for legal texts interpretation. Therefore, the aim of this paper is to prove that metaphorical mechanisms are not alien to the language of law; metaphorical model is one of the most productive in the process of semantization of ideas of law. In the light of the above, application of linguistic tools, primarily, the methods of semantic analysis, to the study of legal language and the language of law, in particular, is relevant. Modern methodological tools of linguistics are able to supplement the traditional methods of legal argumentation and interpretation, actualizing their form and content. The main methods of the research are the linguistic-legal method, logical-linguistic method, methods of historical, contextual and motivational analysis. Frequency and universality of the mechanism of metaphorical modelling for the language of law, actualize new functions of metaphor.

RUDN Journal of Law. 2024;28(1):29-43
pages 29-43 views
Two types of jurisprudence from a perspective of critical rationalism
Raab R.S.

Our understanding of legal ideas is most reflected in the ability to categorize them unambiguously. At the same time, modern science faces many difficulties in categorizing legal ideas. Problems associated with categorizing complex authors such as F.C. von Savigny or L.L. Fuller are just one example. In the light of these challenges approaches that go beyond traditional views are becoming increasingly relevant. An example of such an approach is the critical-rationalist perspective on the categorization of legal ideas. This article aims to comprehensively reconstruct this critical-rationalist typology. The key role in achieving this goal is played by the intellectual legacy of Friedrich Hayek as a representative of the epistemology of critical rationalism who managed to adapt it for understanding jurisprudence. As a result of a comprehensive reconstruction of the critical-rationalist typology of legal ideas implicit in Hayek’s works we can conclude that, from the perspective of critical rationalism, all legal ideas can be divided into two categories: “critical” and “Cartesian”. The difference between these two categories lies in how much a given legal idea is based on the belief in the intellectual capabilities of human mind. The belief that human mind can effectively govern legal system of the whole society in a centralized manner generates a Cartesian view of law as a set of consciously created rules of a specific kind. The irreducibility of law to consciously constructed prescriptions due to the human mind’s inability to manage a complex social system will reflect a different, «critical-rationalist» perspective on law. This perspective will include a ban on centralized management of legal system of the whole society, as well as an explanation of such “informational” properties of that system, which exceed the capabilities of any human mind.

RUDN Journal of Law. 2024;28(1):44-62
pages 44-62 views
History and current state of parliamentary oversight in Iraq
Ali Jihad A.R.

The phenomenon of Iraqi constitutionalism traditionally arouse skepticism among researchers. This is due not only to the historical difficulties faced by Iraqi constitutionalism, but also to the lack, according to researchers, of effective mechanisms for legal protection of the constitution. Among such mechanisms is the institution of parliamentary control in Iraq and its historical predecessors that has received virtually no coverage among Russian constitutional scholars, which determines the relevance of the study. The object of the study is the history and current state of parliamentary control in Iraq. Having proposed his own periodization of the history of Iraqi statehood, the author analyzes the main sources of legal regulation of parliamentary control in each of the identified historical periods, also referring to the assessments of applying constitutional provisions practice and assessments of contemporaries. The research method is the analysis of relevant normative regulation and practical implementation of constitutional norms on parliamentary control based on the assessments of constitutional scholars. The author concludes that the institution of parliamentary control in Iraq emerged in the late Ottoman era and strengthened in the first half of the XX century, after which it was dismantled for political, ideological and legal reasons. The author analyzes the current state of the institution of parliamentary control in Iraq, including atypical control powers of modern parliament. According to the author, their emergence is a reaction of the constitutional legislator to consistent oppression of mechanisms of popular representation, which, however, led to radicalization of the role of parliament in the system of separation of powers in Iraq.

RUDN Journal of Law. 2024;28(1):63-79
pages 63-79 views


Legal regulation of communal land ownership in the Russian Empire in the second half of the 19th - early 20th centuries
Dyusyupova A.D.

Аbstract. The study is devoted to the peculiarities of legal regulation of communal land ownership in the Russian Empire in the second half of the 19th - early 20th centuries; it is a complex, multifaceted phenomenon that requires new theoretical understanding. At that period, the Russian peasant land community was the subject of heated discussions and debates among representatives of various layers of socio-political thought in pre-revolutionary Russia. The article investigates legal regulation of communal land ownership and legislation of the specified period (Complete Collection of Laws of the Russian Empire) and is resulted in findings and conclusions. It is concluded that the complexity of legal regulation of communal land ownership in the Russian Empire in the period under study was associated with the lack of genuine economic freedom of peasants in relation to land, its ownership, use and disposal. The specifics of legal regulation of communal land ownership in the Russian Empire in that period represented the combination of customary law, whose norms governed the peasant community, and official statutory regulation. The study features chronological framework and periodization of legal regulation of communal land ownership. The examples stem from practice and pre-revolutionary literature based on the archival documents.

RUDN Journal of Law. 2024;28(1):80-94
pages 80-94 views


Units of time used in calculating administrative and procedural time limits
Beliakovich E.V.

Temporal-legal regulation of administrative-procedural legal relations is directly related to the rules of calculating time limits, the uniformity of which determines the effectiveness of administrative process as a whole. The article is devoted to the study of time units used in calculating administrative-procedural time limits. It proposes the definition of the category calculation of administrative-procedural time limit and highlights the principles of its calculating including uniformity, clarity, and reasonableness. Temporal regulation of administrative process by means of such units of time as day, sutki (day and night), week, decade, month, quarter, and year is also in the focus. The units of time used in calculating the time limits in administrative procedural law are divided into micro- and macro-units. The existing range of problems in legal regulation of administrative procedural legal relations through the day category is outlined. The article also looks at specificity of the legal nature of non-working days established in the pandemic period and highlights chaotic and discordant use of temporal units sutki and day in the administrative process. The author proposes to refrain from calculating administrative-procedural time limits by calendar values of sutki, week, month and a half .

RUDN Journal of Law. 2024;28(1):95-118
pages 95-118 views


Unilateral coercive measures against Cuba, secondary sanctions and “crawling” extraterritorial jurisdiction
Mikhaliova T.N., Frolova E.E.

Is a retrospective review of the U.S. regulatory policy and sanctions imposed on Cuba, citizens and legal entities of this country, as well as against third countries and persons related to this state. The aim is to comprehensively understand the scope of such restrictive measures. The research provides a brief analysis of the impact of such measures on civil and business relations along with examples of secondary sanctions and the use of extraterritorial jurisdiction, which have a negative and long-term impact on the business partners in terms of excessive compliance with restrictions (overcompliance). The authors offer assessment of concepts of economic coercion, extraterritorial jurisdiction, as well as limits of responsibility of private and public actors for breach of legal obligations due to compliance with sanctions restrictions. Continuing the study of issues related to consequences of unlawful unilateral application of restrictive economic measures against a number of states by the U.S., the EU and imposition by countries of their jurisdiction on the parties of a dispute, including those complicated by a foreign element, in the process of dispute resolution , raised by authors' colleagues on scientific research in their published scientific articles (Tsepova E.A. Unprecedented law: Protecting the Russian financial system against the impact of sanctions. RUDN Journal of Law . 2022. Vol. 26. No. 3, 655-677; Ermakova E.P. When the “pro-arbitration” policy of the United States becomes aggressive . Eurasian Law Journal . 2023. No. 5 (180), 77-80; Rusakova E.P., Frolova E.E. Digital disputes in the new legal reality. RUDN Journal of Law. 2022. Vol. 26, No. 3, 695-704), the authors come to the conclusion that it is necessary to develop obligations directly as the duty of businesses to comply with universally recognized norms regarding property, non-discrimination, legal certainty even under the pressure of secondary sanctions and unlawfully expanding extraterritorial jurisdiction of certain countries imposing sanctions, as well as understanding the complex negative impact on the structure of all levels of the economy and sustainable social relations, as well as de jure existence of already designated legal positions on the need to gain consolidated support from all the actors of international communication to overcome the existing rupture: condemnation and recording of illegality in the public law field and forced compliance with such non-legal requirements of certain jurisdictions in the domain of private law relations.

RUDN Journal of Law. 2024;28(1):119-144
pages 119-144 views
The legal regime of the share in the authorized capital of a limited liability company acquired by spouses during marriage, during the life of the spouses and after the death of one of the spouses
Kozlova N.V., Filippova S.Y.

The authors analyze the legal regime of a share in the authorized capital of a limited liability company acquired during marriage, as well as the legal fate of this share in the event of death of one of the spouses. Acquisition of a share is basic for acquisition of corporate rights to participate in the company. Since the legal regime of joint ownership presupposes the ownership of property without determining the shares of each co-owner, regardless of which spouse is registered in the Unified State Register of Legal Entities, both spouses are members of the company and considered as one subject (legal relationship with multiple persons). Any of the co-owners has the right to act in exercising general corporate rights as an authorized person, forming a single will. Increments received from owning shares (income) go into the common property. After the death of a spouse, the common joint property is transformed into the individual property of the surviving spouse, who receives ½ of the common property of the spouses. The second half of the common property is considered to belong to the deceased spouse, and therefore is included in the inheritance mass and undergoes through the procedure of hereditary succession. The transformation of common joint property into the individual property of the surviving spouse is not a transfer, since in this case there is no termination of the surviving spouse’s property rights. The rules governing the transfer of a share in the authorized capital of the company to third parties are not applicable to such transformation. A share in the authorized capital is an indivisible property, and therefore the legal fate of the share is the same.

RUDN Journal of Law. 2024;28(1):145-162
pages 145-162 views
Subsidiary liability of controlling persons for obligations of a company excluded from the Unified State Register of Legal Entities
Laptev V.A.

The paper examines the issues of bringing controlling persons to subsidiary liability for the obligations of a company excluded from the Unified State Register of Legal Entities. The article determines the judicial procedure for holding controlling persons accountable for claims of creditors. It analyzes the provisions of Russian legislation and judicial practice regarding the grounds for prosecution under paragraph 3.1 Article 3 of the Law on Limited Liability Companies.The research reveals the effect of this rule of law over time and it essence, which excludes the use of the construction of limited liability of participants in a business company. An overview of the legal positions of the Constitutional Court of the Russian Federation on the issues under consideration including the circle of responsible persons, distribution of burden and circumstances of evidence is provided. The paper distinguishes characteristics of good faith and reasonable behavior of creditors and controlling persons as well as legal presumptions corresponding to the circumstance of the case. The conclusion is formulated on the recognition of subsidiary liability by inheritance of debts of a corporate organization. The paper investigates the competence of the court considering disputes on bringing to subsidiary liability of persons controlling a corporation and distinguishes between the corporate (under the general rules of litigation) and bankruptcy (under the rules of class action) proceedings. The characteristics of the powers of creditors acting in the interests of their civil law community are given. The research allows to ensure uniformity of judicial practice at interpreting the applicable rules of law.

RUDN Journal of Law. 2024;28(1):163-177
pages 163-177 views


Information technologies in judicial process: opportunities of artificial intelligence in evidence system
Sherstoboev O.N., Mikheeva I.V.

The study is devoted to ambiguous issues of using artificial intelligence (AI) in judicial process. The purpose of the study is to present foreign experience of using information technologies in court proceedings based on the example of the most controversial and debated ideas concerning resources of artificial intelligence in the system of evidence. Special attention is paid to successful mechanisms of using AI in foreign judicial practice at the stage of evidence assessment. The study presents several decisions of foreign courts, formed with the help of AI. The findings allow to express opinion about admissibility of evidence evaluated by AI. The study employs methods of general scientific cognition and special methods including comparative legal. The dialectical method allows to investigate genesis and progressive development of judicial process technologization. The methods of analysis and synthesis, induction and deduction contribute to highlighting disadvantages of predictive coding at the proving stage and advantages of electronic research of evidence, options for simultaneous disclosure of evidence using different methods on the example of specific court decisions. The comparative legal method helps to identify best practices of using artificial intelligence in the system of evidence in foreign countries. The study not only describes the tools of predicting justice in European judicial practice, but also examines the problems of Chinese "instrumental justice" that can arise in any country. Conclusion justifies predictive coding as a tool of predictive justice, provided that general rules for information disclosure are developed and specifics of machine learning for a particular case are considered. It is noted that artificial intelligence has not yet become the predominant method in any types of legal proceedings. This may be explained by insufficient confidence in it across legal communities and time needed to form a successful history of its use for solving legally significant tasks in various spheres of human life.

RUDN Journal of Law. 2024;28(1):178-195
pages 178-195 views
The use of information and telecommunication networks for criminal purposes: regulatory accounting and prospects for expanding criminal law authority
Skripchenko N.Y.

The rapid digital transformation of crime determines the high importance of criminal law regulation, which, according to some scholars, requires modernization to ensure a stricter state censure of persons encroaching on security in the information and communication space. Critically assessing this proposal, whose implementation will entail numerous norms that are constructively inconsistent with the requirements of non-characteristic property of a qualifying feature for acts, which threatens to artificially increase the danger of crime, the author proposes to amend the law, ensuring a unified definition of the relevant objective feature. The totality and multivariability of the use of information and telecommunication networks for criminal purposes actualizes the issue of determining the boundaries within which the involvement of communication reserves of the relevant technologies will form a mechanism for a criminal act, the significance of which has increased due to the broad interpretation by the Plenum of the Supreme Court of the Russian Federation of the relevant objective feature in relation to the composition paragraph "b" part 2 Article 228.1 of the Criminal Code of the Russian Federation. The systematic implementation of the law may serve as a basis for a broad definition of this feature also within the framework of other compositions, posing a threat of judicial penalization of acts. The repressive nature of criminal law regulation precludes hasty reforming of the law, devoid of criminological substantiation. The decision to expand the differentiating meaning of the analyzed objective feature may be dictated by the emergence in society of social relations that are not regulated by law, giving rise to acts that pose danger, or to ensure a unified normative definition of related criminal acts. The methodological basis is made up of general scientific (analysis and synthesis, dialectics) and private scientific research methods (criminal-statistical, systemic structural, formal legal).

RUDN Journal of Law. 2024;28(1):196-214
pages 196-214 views


The Impact of Epistemic Communities on the Development of Future International Legal Regulation of Lunar Activities
Chernykh I.A., Gugunskiy D.A., Solntsev A.M.

Every human culture has reflected the Moon’s influence in its cosmology, spirituality, science, creative and social life. For these reasons, the exploration and use of the Moon should be done thoughtfully and carefully, and possible resource extraction should not harm the Earth's only satellite and its environment as a whole. The adoption by some States of national legislation affecting the commercial exploitation of space resources, as well as the resumption of lunar programs by several leading spacefaring nations at a time, prompt the need for legal regulation in this area. However, to develop a detailed international legal regime for lunar exploration, the efforts of the States parties to the UN COPUOS alone are not sufficient since in practice other actors in international relations, including the so-called epistemic communities representing various types of non-governmental organizations, are also active participants in space activities. Such communities offer their own vision of the international legal regulation of relations arising in the framework of the exploration and use of the Moon basing on the norms of international space law and involving active participation of non-governmental legal entities, considering the interests of present and future generations, as well as of emerging space nations. The study presents a comprehensive analysis of the influence of epistemic communities on the development of the future international legal regime for lunar exploration. The authors consistently review the activities of non-governmental organizations within the UN COPUOS since its formation. Special attention is paid to the contribution of such communities to the progressive development of international space law and its codification, including the legal nature of the documents developed by such communities. The study concludes with a comprehensive international legal assessment of the activities of the epistemic communities.

RUDN Journal of Law. 2024;28(1):215-230
pages 215-230 views


Review of the scientific and methodological seminar Public Authority and the Law of Nomadic Peoples
Mikheeva T.T.


RUDN Journal of Law. 2024;28(1):231-241
pages 231-241 views
Review of the International Scientific Legal Forum in memory of V.K. Puchinsky “Comparative legal aspects of civil legal relations in the modern world”, 13th October 2023
Rusakova E.P., Frolova E.E.


RUDN Journal of Law. 2024;28(1):242-249
pages 242-249 views
Current issues of legal regulation in the energy sector under the conditions of sectoral sanctions: review of the All-Russian Scientific and Practical Conference
Komlev E.Y.


RUDN Journal of Law. 2024;28(1):250-254
pages 250-254 views
Ratings of legal scholars and RUDN Journal of Law
Andreeva P.N.


RUDN Journal of Law. 2024;28(1):255-256
pages 255-256 views

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