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 (RUDN University)

Journal History

Indexation: Russian Index of Science Citation, RSCI (in Web of Science platform), DOAJ, Google Scholar, Ulrich's Periodicals Directory, WorldCat, East View, Cyberleninka, Dimensions, EBSCOhost, 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, reviews of monographs and educational publications, reviews of scientific events and legislation, announcements of new scientific literature and others.

Purposes and objectives of the journal:

  • 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, are welcome. The journal publishes reviews of the most important scientific events, reviews of modern legislation, both in Russia and abroad, reviews of monographs and textbooks which are recognized among the wider legal community. 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 standards of publication ethics formulated in the document COPE (CommitteeonPublicationEthics) http://publicationethics.org

Announcements

 

THEME ISSUE

Posted: 22.03.2022

Dear readers and authors!We inform you that the 4th issue of the journal for 2022 will be devoted to the topic “Legal Instruments of Soviet Law” (The Treaty on the USSR Formation, the Civil Code of the RSFSR, the Land Code of the RSFSR, etc.). In this regard, the editorial board invites you to prepare scientific articles on the first Soviet codification. The volume and requirements for the design of articles do not change.

Updating the composition of the editorial board

Posted: 03.07.2021

Dear Readers! We would like to inform you that from 08.06.2021 the composition of the Editorial Board has been updated in the journal.

 
More Announcements...

Current Issue

Vol 26, No 4 (2022): MONUMENTS OF SOVIET LAW

THE SOVIET UNION IN RETROSPECTIVE OF MODERN LEGAL SCIENCE

The Soviet Union as a composite state structure: education, development trends and causes of disintegration
Eremyan V.V.
Abstract

This article is devoted to a critical comparative-legal analysis of the process of formation, development, transformation and disintegration of the first multinational political-territorial entity with a republican form of government of the “Soviet” type, which over time has become a clear example for such complex European states as Yugoslavia and Czechoslovakia. This theme is unique not only in terms of solving the ethnic issue, but also as the “model” of territorial structure since the basis of one federation, the Union of Soviet Socialist Republics, formed another federation, the Russian Soviet Federative Socialist Republic, which integrated, along with traditional administrative units, national political-territorial entities in the form of autonomous republics, regions, and districts. The article emphasizes the fact that one of the consequences of the appearance on the political map of the Soviet Union, which defeated Nazi Germany and its numerous satellites in World War II, was not only the formation of “popular democracy” countries and the so-called “socialist camp” that existed for over forty years and represented a civilizational alternative to the capitalist path of social development, but also the collapse of the colonial system and acquisition of independence and sovereignty by the peoples inhabiting the regions of Africa, Asia, and the Middle East. The Soviet model of the state structure and democracy institutions as antipodes to bourgeois populism and liberal demagogy facilitated an accelerated transition from declarations of constituent and constitutional documents proclaiming human and civil rights and freedoms to their practical implementation in the economic and political sphere in countries that had associated themselves with Western-style democracy; it resulted in a more socially oriented role of state and its structures. The Soviet experience clearly demonstrates what real results the state and society can achieve in solving the women's issue, elimination of total illiteracy, and growth of the well-being of citizens. At the same time, manifestations of authoritarianism and totalitarianism that took place at certain stages reveal that the power mechanism was subject not only to voluntaristic tendencies or official personification, but also to relapses into a personality cult, one of the most negative consequences of state disintegration and local civil wars within its former territory.

RUDN Journal of Law. 2022;26(4):747-807
pages 747-807 views
The Supreme Court of the RSFSR as a legal form of the supreme judicial authority: to the 100th anniversary of the Supreme Court of the Russian Federation
Burdina E.V., Fomina L.Y.
Abstract

The 100th anniversary of the highest court instance of Russia determines the relevance of studying the Supreme Court of the RSFSR as a historical and legal phenomenon, formed as the highest judiciary authority on fundamentally different organizational approaches than before. The article studies certain specifics of the highest instance of Russia’s judiciary, including legal forms of its organization, activities of the Supreme Court of the RSFSR, structural intra-system relationships, and its place and role in the development of Russia’s statehood. The research offers analysis of theoretical concepts and judicial legislation during the preceding period between the two judicial reforms (of 1864 and of 1922). It aims at revealing certain features of the legal model of the Supreme Court of the RSFSR in 1922 as the first created national form of an organizationally autonomous court of the highest judicial instance in terms of its place and role in the system of Soviet justice. The research methodology is based on comparative-legal and historical-legal approaches. The author refers not only to legal acts, but also to publications of the party and Soviet leaders of the first years of the Soviet power, devoted to the issues of formation of a unified judicial system and its supreme body. The prerequisites for the formation of the Supreme Court of the RSFSR associated with requests for stability and clarity of the rule of law, uniformity of judicial practice in the conditions of the New Economic Policy have been highlighted. The article draws conclusions concerning the legal status of the Supreme Court of the RSFSR, highlights its features as the highest level in a unified judicial system, and determines the legal nature, the place and the role of the Supreme Court of the RSFSR in the system of judiciary, where it was endowed with organizational and managerial powers in respect of people’s investigators, collegium of defense counsellors, bailiffs and public notary offices.

RUDN Journal of Law. 2022;26(4):808-825
pages 808-825 views

CIVIL AND LABOR LAW

The Civil Code of the RSFSR 1922: features of birth and happy fate
Kuznetsov M.N.
Abstract

Is dedicated to identifying conceptual legal problems related to the conditions and prospects of “revolutionary expediency” in the process of developing the provisions of the Civil Code of the RSFSR of 1922. The legal paradigm of that time was subjected to a profound transformation based on the ideas of “national property”, “class interest”, “Soviet power”, etc. Understanding the historical, socio-political and cultural processes allows to analyze the norms of the so-called proletarian law. It is established that the adoption of the Civil Code of 1922 was preceded by many years of titanic work of a huge number of highly professional pre-revolutionary lawyers who had drafted the Civil Code of Russia by 1914; later, the norms were lightly powdered with the class proletarian consciousness and taken as the basis (more than 400 of them in total) for the Civil Code of the RSFSR of 1922. The provisions of this code effectively operated until 1964, when the new Civil Code of the RSFSR was adopted. It was the code of “victorious socialism”, that have survived the abolition of the NEP (the New Economic Policy), industrialization and collectivization of the country, Constitution of 1936, Great Patriotic War and, finally, building of socialism in a single country. Thus, the adoption of the Civil Code of the RSFSR in 1922 became an epochal event in the life of the peoples of the multinational country, which, in terms of significance of its impact on Russian civilization and the entire world, can be compared with “Corpus iuris Romani”.

RUDN Journal of Law. 2022;26(4):826-844
pages 826-844 views
Continuity of ideas of the Labor Code of the RSFSR of 1922 by Soviet and post-Soviet labor legislation
Lepyoshin D.A.
Abstract

The article analyzes certain provisions of the Labor Code of 1922, which determined the vector of development of labor legislation in the period of changing political, economic and social conditions. The need for adopting the Labor Code in 1922 was caused by the transition of the Soviet state to a new economic policy. Since 1922, an accelerated process of updating labor legislation began. Some of the norms underlying the Labor Code of 1922 and the Labor Code of 1971 have been reflected and developed in the current Labor Code of the Russian Federation, e.g., the rules on terminating employment contract by parties’ agreement, differentiation in the legal regulation of labor, labor discipline, and others. The article investigates the legal position of the Constitutional Court of the Russian Federation, which had an important impact on the development of sectoral legislation, including, on recognizing part 1 of Article 392 of the Labor Code of the Russian Federation regarding the period for applying for moral damage compensation as contradicting the Constitution. Explaining the provisions of labor legislation, the Supreme Court of the Russian Federation also pays attention to the enforcement of provisions on compensation for moral damage in labor disputes. The article analyzes amendments to Article 263 of the Labor Code of the Russian Federation, allowing to conclude that those labor law norms continue to be updated.

RUDN Journal of Law. 2022;26(4):845-860
pages 845-860 views
Legislation on societies and unions of Soviet Russia (1917-1930s)
Tumanova A.S., Safonov A.A.
Abstract

This article outlines a number of sources of law of various legal force that determine the legal status of non-governmental organizations in Soviet Russia in the 1917-1930s. Primarily, these are the Constitutions of the RSFSR and the USSR and Resolutions of the All-Russian Central Executive Committee and the Council of People’s Commissars on societies and unions. The authors examine doctrinal documents (resolutions of party congresses, excerpts from speeches by party leaders, etc.) that characterize self-organization of Soviet society and legal framework for the activities of mass voluntary associations. The legal foundations for voluntary associations operation in Soviet Russia, as well as specifics of legislative acts regulating their formation and activities, and the forms of control over them by the authorities, have not been fully studied in academic literature. This research aims to bridge this gap. Based on the analysis of a wide range of published sources, as well as the standpoint of modern methodology of critical legal research, the article investigates legal policy of the Soviet government aimed at developing a new legal framework for the activities of societies and unions including the principles of their relationship with the state in terms of formation, re-registration and termination of activities of mass voluntary organizations.

RUDN Journal of Law. 2022;26(4):861-876
pages 861-876 views

CRIMINAL LAW AND CRIMINOLOGY

Social Significance of the RSFSR Criminal Code of 1922: historical, legal and humanitarian aspects
Stepanenko R.F.
Abstract

The article examines experience and practices of the formation of the Soviet criminal legislation of the post-revolutionary period of Russia at the beginning of the 20th century and their significance for the development of domestic system of law. Attention is focused on the analysis of the norms of the General Part of the Criminal Code of the RSFSR of 1922, for the first time in the national history of state and law, which meaningfully fix social and humanistic patterns that were not previously characteristic of the criminal law normative sphere. The complexity of generating ideas and foundations of Soviet criminal law in conditions of uncertainty, multiplied by many problems of a political, socio-economic, legal, cultural, and other nature, determined the dominance of the ideological content of the introduced restrictions and penalties. On the other hand, the peculiarities of punishment system formation of the period under review should include the innovative social and humanistic orientation, which later became the basis for democratization and humanization of criminal, penitentiary, and criminal procedural law in Russia.

RUDN Journal of Law. 2022;26(4):877-889
pages 877-889 views
Model of the Soviet criminal law codification: methodological, legal and technical features
Trikoz E.N.
Abstract

Researched process of theoretical preparation and practical experience in developing the first Soviet criminal code. It reveals the special significance, legal accessibility and partial continuity of certain provisions and constructions of the RSFSR Criminal Code of 1922, whose centenary is being celebrated this year by the Russian historical-legal and criminological community. The authors emphasize the advantages of legal codification projects, scientific doctrine (legalistic and sociological schools) and post-Russian Revolution law-enforcement practice for consistent codification by means of elaboration and adoption of drafts under the scheme: Code of Statutes / Code - Guiding principles - Republican code - basic Union code. The article analyzes the key provisions of the General and Special parts of the Republican Penal Code of 1922. It notes their keen political focus, class character of the penal system and their descending ladder, elaboration of crime from formal to substantive, the concept of potential danger and the analogy of law, paradoxical humanization by consolidating the system of social protection and non-custodial measures, new excluding circumstances, and juvenile system of penalties for minors. The research employs the system-structural, comparative-historical and functional methods, as well as special methods of technical and legal analysis, dogmatic interpretation and description of legal events and processes in specific historical circumstances of Soviet Russia in 1920s.

RUDN Journal of Law. 2022;26(4):890-920
pages 890-920 views
Criminal law principles in the legends of ancient Rome
Nikulina V.A.
Abstract

The description of the history of early Rome (VIII-IV centuries BC) in the works of ancient authors is usually perceived as a mythological legend, which shifts the focus of scientific discussion to assessing the degree of reliability of the events being told. As a result, the normative-value and legal significance of ancient legends sufficient attention of researchers. The oral and therefore naturally plastic nature of archaic law creates additional difficulties for its modern study, in contrast to numerous and well-studied legislative texts. The author proposes to refer to modern types of legal understanding and turn down strict positivism with the aim of expanding the boundaries of legal analysis, rethinking the legend (on the example of Lucius Junius Brutus), recognizing it as a source of Roman law, and reconstructing its criminal law content. For this purpose, using socio-psychological, historical-legal, formal-logical and other scientific methods, the author singles out that part of the story that was not lost, but was steadily reproduced from generation to generation. The surviving core of the legend remained in history because it carried socially significant information modeling of behavior (behavioral stereotypes) of the ancient Romans. The article shows that children`s execution by the first republican magistrate not only legitimized the right of paternal power (patria potestas), but also proclaimed the priority protection of the public interest (civitas) that became the cornerstone of the Roman legal order. The legend set a special imperative for citizens, shaped their worldview and sense of justice. From the criminal law standpoint, this precedent fixed the standard of both prohibited behavior and retribution for it, i.e., a measure of justice, broadcast the requirements of the inevitability and personal nature of responsibility, laid foundation for the requirement of legal equality of all citizens before the law. Ultimately, the legend set the vector for the development of Roman criminal law, which led to the formation of its principles, many of which are accepted and developed in modern legal systems.

RUDN Journal of Law. 2022;26(4):921-937
pages 921-937 views

LAND LAW AND ENVIRONMENTAL LAW

RSFSR Land Code of 1922 as the first codified act in the history of Russian land legislation
Yashchuk T.F.
Abstract

The RSFSR Land Code of 1922 (LC), adopted as part of the comprehensive codification of Soviet law in the 1920s, is in the focus of this article. The Land Code is looked at as the first codified act that forms the branch of Soviet land law, defining its subject, method, and parameters of further development. The article is based on extensive historiographical material, which is systematized by periods. In the 1920s the Code of Law was in full force, therefore, a doctrinal interpretation of its norms, and authors’ comments on the Code were published. Subsequently, the Land Code of 1922 was studied with the aim of understanding and gaining historical experience in the development of new land laws. The article uses normative legal acts of the Soviet period, published documents, and archival sources. Particular attention is paid to the LC draft preparation and its further development until legislative approval. The methodology includes the dialectical method, as well as comparative legal and formal legal methods. The LC is studied as a historical source of legal content; its external criticism is given. The impact on the content of the LC of social and political conditions of previously issued acts is revealed. It is determined that the Land Code reflects consistency and novelty of the Soviet land legislation. The level of consolidation and incorporation of previously tested norms is very high. The LC most noticeable gaps and the ways to overcome them are outlined.

RUDN Journal of Law. 2022;26(4):938-958
pages 938-958 views
From RSFSR Land Code of 1922 to the theory of environmental law: Oleg Kolbasov’s scientific heritage
Krasnova I.O.
Abstract

Development of the contemporary ecological or environmental law roots in the far past of the Soviet law-making period; it goes on creatively borrowing legal concepts, legal mechanisms and methodology of legislative regulation. The Land Code of RSFSR adopted in 1922 has become the first act that played a historical role in the development of natural resources and ecological law. Such evolution was accompanied by theoretical legal research carried out by representatives of the Soviet legal science on nature protection. In the constellation of scholars, a remarkable place belongs to Oleg Kolbasov a famous and talented researcher and lawyer-ecologist. In his works he raises the issues that are still topical both in the legal science and the law-making activities; these are the issues concerning the name of the branch of law dealing with nature and man interrelations, its system and contents. He is also the author of highly demanded fundamental works on Soviet water resources law. The Article provides an analysis of the Land Code of 1922, and Kolbasov’s scientific views on the development of nature protection law in the context of Soviet land use, nature resources and environment protection legal acts.

RUDN Journal of Law. 2022;26(4):959-975
pages 959-975 views

ADMINISTRATIVE AND FINANCIAL LAW

Legal interaction of public authorities and individuals in the works of N.G. Salischeva: scientific providence
Poryvaev S.A., Mustafina-Bredikhina D.M.
Abstract

The purpose of this article is to trace the scientific path of the development of the views of N.G. Salischeva, a prominent administrative scientist of the Soviet and Russian periods, on the interaction of the interests of individuals and public authorities, and active participation of a citizen in such legal relations. The article examines the researcher’s works of different years and her evolving views on the issues of personality perception in administrative law and administrative process with the help of synthesis and analysis. The authors investigate the perception of Salischeva’s positions and ideas in the Russian legislation, in scientific doctrine, as well as on outlined by her issues of furthering legal regulation of public power and strengthening the role of person and citizen in the administrative process, in terms of changes in the Russian society. In conclusion, the authors note Salishcheva’s contribution to the development of codified normative legal acts on administrative offenses, both during the Soviet period and the formation of Russian legislation.

RUDN Journal of Law. 2022;26(4):976-989
pages 976-989 views

REVIEWS. DISCUSSION FORUMS

Review of the monograph by Dyusyupova, A.D. (2022) Agrarian relations in Russia in the second half of the 19th - early 20th centuries: law and politics. Moscow, Yurlitinform Publ.
Pashentsev D.A.
Abstract

In modern conditions, historical and legal knowledge retains its relevance and topicality. This also applies to the monograph by A.D. Dyusyupova, devoted to the legal regulation of agrarian relations in the Russian Empire. The study is carried out on a large amount of factual material. The experience studied by the author is connected both with domestic legal traditions and modern searches for optimal ways of socio-economic development. In the context of modern global transformations, it is also extremely important to study different models for the development of adjacent and annexed territories, their inclusion into the united legal space and economic life. Therefore, the issues raised in the work of A.D. Dyusyupova undoubtedly contribute to the development of modern historical and legal science.

RUDN Journal of Law. 2022;26(4):990-996
pages 990-996 views
Review of the monograph by Kolosov, I.V. (2022) History of legal consequentialism: Effectiveness of law. Moscow, Yurlitinform Publ.
Sigalov K.E.
Abstract

The review on the monograph by Igor V. Kolosov “History of Legal Consequentialism: Effectiveness of Law” analyzes and evaluates the content of the monograph. The review emphasizes and investigates contribution of the monograph to the modern development of historical and theoretical ideas about effectiveness of legal regulation and law enforcement, as well as the main practical conclusions of the monograph. In the modern period, when confrontation of various kinds of interests is evident, profit and result are the main guidelines in practical activities almost everywhere. Due to this, common legal and human values, including the need to ensure equality and justice, as well as issues of general legal and human values are more relevant and significant than ever. This makes us refer to classical thought, requires adaptation of ideas formed throughout the history of legal thought to modern realities to improve the existing legal order.

RUDN Journal of Law. 2022;26(4):997-1003
pages 997-1003 views
Energy transition as a factor influencing energy legislation: Overview of the International Scientific and Practical Conference, Moscow, Institute of State and Law of the Russian Academy of Sciences, June 20, 2022
Gabov A.V., Zinkovsky S.B., Lizikova M.S.
Abstract

The article provides an overview of the International Scientific and Practical Conference “Energy Transition as a Factor of Influence on Energy Legislation”, held on June 20, 2022 at the Institute of State and Law of the Russian Academy of Sciences, co-organized by the Faculty of Law of Lomonosov Moscow State University, Peoples’ Friendship University of Russia, Perm State National Research University, Belgorod State National Research University, and Ulyanovsk State University. The authors describe the main areas of the sections’ activities of the conference, where a comprehensive discussion was given to the issues of rethinking the energy transition in terms of the changed realities, the role and transformation of legal regulation in the framework of the energy transition, legal challenges of ensuring relations in the energy sector, impact of relations on institutions and other branches of law in the energy sector, etc.

RUDN Journal of Law. 2022;26(4):1004-1016
pages 1004-1016 views
Problems and prospects for the development of local self-government in the Russian Federation and foreign countries: The all-Russian conference with international participation, Moscow, RUDN, April 25-29, 2022
Chikhladze L.T., Komlev E.Y.
Abstract

On April 25-29, 2022, an All-Russian conference with international participation “Problems and Prospects for the Development of Local Self-Government in the Russian Federation and Foreign Countries” was held at the Law Institute of the Peoples’ Friendship University of Russia on the basis of the Department of Municipal Law. More than 200 scientists and practicing lawyers from the Russian Federation and foreign countries took part in the Conference. The Conference has acquired a traditional character and is being held for the sixth time. The 2022 conference was marked by a significant increase in the number of participants from different Russian regions, mostly by state and municipal employees. The additional relevance of the conference was caused by the ongoing municipal reform in Russia, designed to concretize the provisions of the 2020 constitutional reform. Besides reports by leading scientists and practitioners, the Conference included a student section “Young Scientist”, as well as a scientific seminar in Spanish on the topic “Decentralization in the framework of Peruvian constitutionalism”. Presents a general description of the conference, and the contents of the plenary meetings and sessions.

RUDN Journal of Law. 2022;26(4):1017-1022
pages 1017-1022 views

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies