Editor-in-Chief: Oleg A. Yastrebov, Doctor of Laws, Doctor of Economics, full professor ISSN: 2313-2337 (Print) ISSN: 2408-9001 (Online) Founded in 1997. Publication frequency: quarterly PUBLISHER: Peoples’ Friendship University of Russia named after Patrice Lumumba (RUDN University) Open Access: . APC: no article processing charge Peer-Review: double blind. Publication language: Russian, English Indexation: White List, Russian Index of Science Citation, RSCI, DOAJ, Crossref, Google Scholar, Ulrich's Periodicals Directory, WorldCat, Cyberleninka, Dimensions, ResearchBib, Lens, Research4Life, JournalTOCs, British Library, Bodleian Libraries (University of Oxford), Ghent University Library
Peoples’ Friendship University of Russia named after Patrice Lumumba (RUDN University)
The right of authorship belongs to the authors of articles. The authors transfer the rights to use the article (including the use and distribution of an article in the Open Access) to the publisher of the journal on a non-exclusive license (Publishing Agreement (Public Offer)). At the same time, authors remain full rightsholders. Publishing Agreement (Public Offer) to Publish an Article in an Academic Periodical 'RUDN Journal of Law' The Federal State Autonomous Educational Institution of Higher Education "Peoples’ Friendship University of Russia named after Patrice Lumumba (RUDN University), represented by the Vice-Rector for Scientific Work Kostin Andrey Alexandrovich, acting under a Power of Attorney No 0036-03/21-163 dated 12.10.2021, hereinafter referred to as the Publisher, on the one hand, hereby offers to the public at large, hereinafter referred to as the Author, on the other hand, hereinafter collectively referred to as the Parties, to enter into this agreement, hereinafter referred to as the Agreement, regarding publication of scholarly materials, hereinafter referred to as the Article, in the Journal named 'RUDN Journal of Law', hereinafter referred to as the Journal, under the following terms. 1. General Terms and Conditions 1.1. Pursuant to Clause 2 of the Article 437 of the Russian Federation Civil Code, this Agreement shall be recognized as the public offer, hereinafter referred to as the Offer. Subject to Article 438 of the Russian Federation Civil Code, this Offer shall be deemed to have been completely and irrevocably accepted after the Author had submitted his/her materials by uploading those onto the network electronic system of the article acquisition for review available at the respective section of the Journal's site at URL: http://journals.rudn.ru/index.php/law/author/submit/1 on the Information and Communication Network known as the Internet, hereinafter referred to as the Internet. 1.2. Pursuant to the Russian Federation effective law as applicable to compliance with the copyright to electronic information resources, no materials from any site, electronic journal or project may be reproduced, in whole or in part, in any form, either in a hard or soft copy, without a prior consent from the Journal's authors and editorial staff, which may be expressed by posting a respective consent (open license Creative Commons Attribution International 4.0 CC BY-NC) in the relevant section of the Journal's site on the Internet. Whenever any published materials are used within the context of other documents, a reference to the original source needs to be specified. 1.3. The Journal is registered by the Federal Oversight Service for Communications, Information Technologies and Mass Communications (RosKomNadzor). 2. Terms Used in This Agreement The Author is an individual (or individuals) whose creative labor has produced the Article. The Offer Acceptance means a complete and irrevocable acceptance of the Offer under the terms specified in Clause 3 hereof (the Author accepts the Offer by submitting an application to the Publisher, i.e. by uploading the Article along with support materials onto the network electronic system of the article acquisition for review available at the respective section of the Journal's site at URL: http://journals.rudn.ru/index.php/law/author/submit/1 on the Internet). The Journal means an academic periodical named 'RUDN Journal of Law'. The Application means an electronic request of the Author addressed to the Publisher for publishing the Article in the Journal by uploading the Article and support materials onto the network electronic system of the article acquisition for review available at the relevant section of the Journal's site at URL: http://journals.rudn.ru/index.php/law/author/submit/1 on the Internet). The Publisher is the Federal State Autonomous Educational Institution of Higher Education "Peoples’ Friendship University of Russia named after Patrice Lumumba” (RUDN), being the Journal's founder and publisher. The Article's Metadata means any materials in Russian and English intended to be included into the Science Citation database as per the original version of the Article such as the Article title; authors' details (full last name, first name, patronymic, present employer of each author with indication of the postal code, contact details (e-mail) of each author; abstract; keywords; topical classifications: UDC or any other bibliographic and library classification, and subject indices; bibliography (list of references). The Offer means this document (offer to the Author) to publish an Article by uploading it onto the site at URL: http://journals.rudn.ru/index.php/law/author/submit/1 on the Internet. The Publication means the act of publishing the Article in the Journal. The Journal's Editorial Staff means a creative team engaged in preparing the Journal for publication. The Editorial Board is an advisory body of the Journal's Editorial Office. The Article means a result of fundamental and applied scholarly efforts in the form of a scholarly material, scientific review material, scientific message, bibliographical review on specific topics of the scholarly study, and background information on Russian and foreign scientists submitted by the Author for publication in the Journal. The Parties mean the Author and the Publisher. The Article Requirements mean requirements to the materials published in the Journal's section named "To Authors" of the Journal's site at URL: http://journals.rudn.ru/index.php/law/about/submissions#authorGuidelines on the Internet. The Service means publication of the Article in the Journal as per the Author's application. 3. Subject Matter of the Agreement (Offer) 3.1. Subject to this Agreement, the Author shall provide the Publisher at no expense for the copyright duration as stated by the Russian Federation legislation with a non-exclusive license for use of the Author-created Article for the purpose of its publication in the Journal. 3.2. The rights to use this Article as assigned hereunder shall include but not limited to: reproduction of the Article or any part thereof, as well as its metadata in Russian and English in any material form whatsoever, including soft and hard copy forms, as an individual work product in periodicals and/or databases (whether local or web-based) owned by the Publisher and/or any other persons at the discretion of the Publisher; dissemination of the Article or any part thereof, as well as its metadata in Russian and English on any media as part of the Journal and/or databases owned by the Publisher or any other persons, at the discretion of the Publisher, or as an individual work product, worldwide via open access or by subscription without payment of any fee to the Author; making public the Article or any part thereof as well as its metadata in Russian and English so that any person could access the Article from any location and at any time of his/her choice (including via the Internet); issuing permissions to use the Article or any part thereof as well as its metadata in Russian and English to any third parties while notifying the Author by publishing the respective information on the Journal's site without payment of any fee to the Author; processing, including translation of the Article (including translation into foreign languages), and use of the processed (translated) Article in any manner specified above; any other rights, not expressly assigned to the Publisher hereunder, including patent rights to any processes, techniques or methods, and other means, described by the Author in the Article, as well as trademark rights, shall be retained by the Author. 3.3. No territorial restrictions will be applied to the use of rights to the Article. 3.4. This Agreement shall become effective from the time the Article is submitted to the Journal, i.e. uploaded along with support materials onto the network electronic system of the article acquisition for review available at the relevant section of the Journal's site at URL: http://journals.rudn.ru/index.php/law/author/submit/1 on the Internet, hereinafter referred to as the Article Upload. 3.5. The rights shall be assigned by the Author to the Publisher at no expense, and the Article publication in the Journal shall not result in any financial contribution to the Author. 3.6. If the Publisher decides to refuse to publish the Article in the Journal, this Agreement shall cease to be in force. A decision to refuse publication shall be sent to the Author via the e-mail address specified in the Application. 3.7. The Publisher undertakes, throughout the currency of this Agreement, to provide to the Author the services associated with publication of the Article on the Journal's site at URL: http://journals.rudn.ru/index.php/law on the Internet. 4. General Terms of the Services Provision 4.1. The Publisher shall provide the services to the Author only if: the Author submits all materials compliant with the Offer requirements by way of the Article Upload; the Author Accepts the Offer. 4.2. The services shall be provided to the Author free of charge. 4.3. If any materials submitted by the Author are found in breach of rules and requirements of this Offer, the Publisher shall have a right to refuse to publish those. 4.4. The Publisher shall not be responsible for any third-party unauthorized use of the data provided by the Author during the currency of this Agreement. 5. Rights and Responsibilities of the Parties 5.1. The Author warrants that: he/she is the valid holder of exclusive rights to the Article; rights granted to the Publisher hereunder were not earlier assigned and will not be assigned to any third parties prior to publication of the Article by the Publisher in the Journal; the Article contains all the references to cited authors and/or sources (materials) that are required by the effective copyright law; the Author has obtained all required licenses to results, facts and other borrowed materials used in the Article where the Author is not a copyright holder; the Article does not contain any materials that may not be published in public sources in accordance with the effective Russian Federation statutory instruments, and the Article publication and dissemination will not involve any disclosure of classified (confidential) information, including state secrets; the Author has familiarized himself with the editorial policy and ethical principles published on the Journal website (http://journals.rudn.ru/law/about/editorialPolicies) and the consequences of violating these principles, has advised other Co-authors of the terms of this Agreement and has received consents from all the Co-authors to conclude this Agreement under the terms hereunder. 5.2. The Author undertakes to: submit a manuscript of the Article as per the Requirements to articles; avoid using the soft copy of the Article produced by the Publisher for commercial purposes and in other periodicals; while preparing the Article for publication, the Author undertakes to: make edits specified by readers and approved by the Journal's Editorial Office in the text of the Article and/or revise the Article following the Publisher's request, where necessary; proofread the Article within the timeframes specified in the Journal publication schedule; make only such edits in the proof that are minimally required to correct errors made in the Article original and/or introduce factual and momentary changes. 5.3. The Author is entitled to: pass to any third party a soft copy of the published Article provided by the Publisher pursuant to Clause 5.4 hereof for the Article to be incorporated, in whole or in part, into a scientific information database or repository in order to promote academic or scholarly investigations or for informational and educational purposes subject to the Author, Journal and Publisher being properly referenced. 5.4. The Publisher undertakes to: publish the Author's Article, in soft or hard copy form, in the Journal in accordance with the terms hereof; provide the Author with the proof of the Article and make reasonable edits as requested by the Author, where required, following the Journal's Editorial resolution; provide the Author with the soft copy of the published Article by sending it to the Author's e-mail address within 15 business days of the Journal issue's publication; respect the Author's rights established by the effective law, protect those and use best endeavors to prevent any copyright infringements by third parties. 5.5. The Publisher is entitled to: carry out technical and literary editing of the Article such that its basic content would remain unchanged; review the Article and suggest appropriate changes to the Author, and elect not to publish the Article if the Author fails to introduce such changes; require from the Author and/or other persons that the Journal, Publisher, Author and any other copyright holder, as well as the title of the Article, Journal issue identification and a year of publication as specified in the Journal be properly referenced whenever the Journal and/or the Article, including any individual part or fragment thereof, are used by any of the above-mentioned individuals thereafter; publish preliminary and/or advertising information on the forthcoming publication of the Article in mass media and any other information sources; establish rules (conditions) for acceptance and publication of materials in the Journal. The Journal's Editorial Board, headed by the Editor-in-Chief, shall enjoy an exclusive right to accept and/or reject any materials submitted to the Journal's Editorial Office for publication purposes. No manuscript (tangible medium) submitted by the Author to the Journal's Editorial Office will be subject to return. The Journal's Editorial Staff will not enter into any correspondence regarding the rejection of the Article by the Journal's Editorial Board; suspend provision of services to the Author hereunder temporarily for technical, technological and other reasons preventing the services from being provided for the duration of remedial activities; suspend services hereunder in accordance with civil procedures if: the Article does not correspond to the topics covered by the Journal or by any part thereof, or the submitted material is found insufficient for the individual publication, or the Article design is found at variance with the requirements imposed; the Author is in breach of any other obligations assumed under the Offer arrangement; introduce changes to the Offer as per the procedure established by the Offer. 5.6. Unless otherwise provided or stated herein, the Parties shall refer to the effective legislation of the Russian Federation. 6. Offer Acceptance and Conclusion of the Agreement. The Term of the Agreement 6.1. This Agreement shall become effective when concluded, i.e. when the Author Accepts the Offer by sending an application to the Publisher, that is, by uploading the Article (Article Upload), and remain in effect for five years. 6.2. The Offer Acceptance constitutes an Agreement made in writing (Articles 438 and 1286.1 of the Russian Federation Civil Code) under the Offer terms. 6.3. Unless any of the Parties sends to the other Party a written notification of the Agreement termination no later than two months prior to the end of the specified five-year period, the duration of the Publisher's copyright to the Work shall be automatically extended by the similar period. The number of extensions is not limited. 6.4. The term of the Agreement may not exceed the duration of exclusive rights to the Article pursuant to the Russian Federation legislation. 6.5. Whenever the Author assigns (disposes of) its exclusive rights to the Work to any third party, this Agreement shall remain in effect. 7. Agreement Modification and Termination Procedure 7.1. The Publisher shall have a right to unilaterally modify the terms of this Agreement by giving a prior notice to the Author, at least ten (10) calendar days before such modifications become effective, to the Author's e-mail address specified in the Author's application or via the Journal's site. These modifications shall become effective from the date specified in the respective notice. 7.2. If the Author disagrees with any modification in the terms of this Agreement, the Author shall have a right to submit a written notice of his/her withdrawal from this Agreement by uploading it onto the network electronic system of the article acquisition for review, available at the relevant section of the Journal's site at URL: http://journals.rudn.ru/index.php/law/author/submit/1 on the Internet. 7.3. This Agreement may be terminated early: at any time by mutual agreement of the Parties; or otherwise as stipulated herein. 7.4. The Author shall have a right to cancel this Agreement unilaterally by sending the Publisher a respective notice in writing at least sixty (60) calendar days prior to the intended date of the Author's Article publication in the Journal. 7.5. The termination of this Agreement for any reasons shall not release the Parties from responsibility for breach of any Agreement terms during the currency hereof. 8. Liability 8.1. A Party which has failed to perform its obligations under this Agreement, either in full or in part, shall be held liable pursuant to the Russian Federation legislation in force. 8.2. All the data provided by the Author shall be trustworthy. The Author shall be responsible for completeness and reliability of the data provided to the Publisher. The use of untrustworthy information obtained from the Author shall not entail any responsibility upon the Publisher for any adverse effects resulting from its actions based on such untrustworthy information. 8.3. The Author shall take full personal responsibility for compliance with the requirements of the Russian Federation law on advertising, protection of copyright and related rights, protection of trademarks and service marks, and protection of consumer rights. 8.4. The Publisher shall not be held responsible hereunder for: any actions resulting directly or indirectly from the actions of the Author; any loss incurred by the Author whether or not the Publisher was in a position to predict such loss. 8.5. The Publisher shall be relieved from any responsibility for non-compliance with the terms of this Agreement if such non-compliance is a result of a force-majeure event such as an act of state authorities, including adoption of legal instruments, fire, flood, earthquake, other natural calamities, loss of power and/or computer network failure, strikes, civil commotions, riots, and any other similar events. 9. Dispute Resolution Procedure 9.1. Any disputes and disagreements shall be resolved by the Parties by negotiations, and if the Parties fail to reach an agreement, these shall be resolved in accordance with the effective law of the Russian Federation. 9.2. If any disagreements remain unresolved, the Parties shall settle those at the location of the Publisher in accordance with the effective law of the Russian Federation. 10. Miscellaneous 10.1. Any notifications, messages, requests etc., excluding documents which need to be forwarded in original form pursuant to the Russian Federation legislation, shall be deemed to have been received by the Author, if delivered (sent) by the Publisher via the Journal's site, including by publishing those, by fax or e-mail specified in the Application, or using other communication facilities. The Parties acknowledge validity of notifications, messages, requests etc. delivered (sent) using the above-listed methods. 10.2. Where the Publisher becomes subject to any claims related to non-compliance with an exclusive copyright or other intellectual property right of any third party during the writing of the Article or in connection with conclusion of this Agreement by the Author, the Author undertakes to: immediately upon receipt of a Publisher's notification, take measures to settle disputes with such third party, and, where necessary, join the litigation in favor of the Publisher and use its best endeavors to exclude the Publisher from the defendants; reimburse the legal cost, expenses and loss incurred by the Publisher as a result of application of a pre-award relief and measures for execution of a judgment, and damages paid by the Publisher to any third party for the infringement of exclusive copyright and/or other intellectual property rights, as well as other expenditures incurred by the Publisher as a result of infringement by the Author of any warranties provided hereunder. 10.3. Subject to Article 6 of the Federal Law On Personal Data No. 152-FZ dated July 27, 2006, for the period from the conclusion of this Agreement and until the discharge of Parties obligations hereunder, the Author expresses his/her consent to processing of the following personal data by the Publisher: last name, first name, patronymic; taxpayers identification number (TIN); place and date of birth; citizenship details; ID document details; registration and actual location address; e-mail address; mailing address with postal code; contact phone numbers; fax numbers; and details of the employers. 10.4. The Publisher is entitled to process the above personal data for the purpose of this Agreement performance, including for provision of information and reference services to the Author. The processing of personal data shall be understood to mean any handing (operations) with personal data, including collection, systematization, accumulation, storage, refinement (update, alteration), use, distribution (including transfer to third parties), depersonalization, blocking and deletion of personal data in accordance with the effective Russian Federation legislation. 10.5. Where permitted by the Russian Federation legislation, the Author is entitled to withdraw his/her consent to processing of personal data as listed in Clause 10.3 by forwarding a respective notice to the Publisher. Upon receipt of such notice, the Publisher has a right to suspend services. 10.6. The Author will, on a goodwill basis, submit his/her details (and details of each Co-Author subject to their prior consent) to the Journal's Editorial Office consisting of his/her: last name, first name, patronymic, academic rank, academic degree, job title, employer details (name and mailing address), work phone number and e-mail address for the purpose of its general publication in the Journal along with the Article. 11. Registered Address and Particulars of the Publisher Federal State Autonomous Educational Institution of Higher Education "Peoples’ Friendship University of Russia named after Patrice Lumumba (RUDN University) Address: Mikluho-Maklaya st., 6, Moscow, 117198 TIN 7728073720, CRR 772801001, PSRN 1027739189323. Vice Rector for Scientific Work A.A. Kostin
The concept of the Anthropocene and its impact on Russian legal doctrine and environmental legislation
The concept of anthropocene, which refers to a new geological epoch characterized by significant human impact of Earth’s ecosystems, represents much more than a new understanding of the environment as a complex, dynamic set of Earth's ecosystems. It calls for a fundamental change in how legal science and practice conceptualize the relationship between humans and nature. The antropoce demands a shift in the category of man and their relationship with living and inanimate natural elements, which have been little studied in modern legal science. As a result, the concept of anthropocene acts as a catalyst for legal transformation, pushing it beyond traditional approaches towards the development of a global legal system adequate to the planetary scale of current evological challenges. For environmental law, anthropocene imposes a scientifically grounded imperative: legislation must acknowledge that human activity can destroy the foundations of life on Earth. Principles like harm prevention and sustainability should become central norms at municipal, national, and international levels. It also stimulates innovation in legal categories such as ecocide, nature rights, climate refugees and fosters hybrid legal regimes, for instance, integrating environmental law with energy law to decarbonize the economy. Recognizing antropocene enables countries like Russia to participate actively in shaping international ecological rules and to contribute scientifically and practically. An internal policy informed by anthropocene factors can also shift from reactive responses to proactive prevention of systemic climate and socio-ecological crises.
Copyright (c) 2025 Anisimov A.P., Isakova Y.I., Pratsko G.S. https://creativecommons.org/licenses/by-nc/4.0
The Rule of Law: Between Ideology and Myth
This article provides a critical analysis of the “rule of law,” viewing it as an ideologeme and a social myth. The author explores how this concept, despite its amorphous and polysemous nature, has acquired the status as a tool for addressing global challenges. The article traces the origin and functions of the myth of the rule of law, highlighting its role in the ideological legitimation of power, the formation of national ideologies, and its influence on mass psychology. Employing Roland Barthes’ approach to myth deconstruction, the author identifies rhetorical figures that render conceptions of the rule of law both persuasive and ideologically charged. It is emphasized that the idea of the rule of law often serves as an instrument for justifying hegemonic policies, creating an illusion of legitimacy, and obscuring structural contradictions. In conclusion, the article argues that, despite its mythological character, the idea of the rule of law retains social significance, and its critical understanding is essential for a sober assessment of its potential and limitations.
Copyright (c) 2025 Allalyev R.M. https://creativecommons.org/licenses/by-nc/4.0
The Pragmatics of Metaphor in the Language of Law: Gnoseological Aspect
The language of law functions as a natural, independent regulator and representative of elements within the legal system and state-legal realities. Its lexical apparatus is structured not only by words with direct meanings but also by linguistic products of secondary semiosis, particularly metaphor. The use of metaphor in legal language remains understudied, largely because its admissibility in legal science is a pressing isssue generally resolved against recognizing metaphor as a full-fledged unit of the legal lexical system. This study aims to analyze the pragmatic potential of metaphor in legal language as a tool of legal technique focusing on the neutralization of its expressive connotations and its acquisition of stereotypical status through the activation of its epistemological function. Methodologically, the research employs linguo-legal, logical-linguistic methods, and historical, systemic, and contextual analysis. It is argued that metaphor is among the leading logical-linguistic devices in law and legal science. By activating its pragmatic and epistemological potential under strict contextual conditions, metaphor ensures the semantic accessibility of abstract legal concepts, appeals to a priori legal principles, and enhances the comprehensibility of normative texts. Firmly embedded in the conceptual-linguistic system of law, metaphors, due to their frequent use, acquire a “life” of their own. Without certain metaphors, understanding legal reality and achieving scientific-legal knowledge would be impossible; expressions such as “legal space” and “legal matter” exemplify this. In law, metaphors are typically reproduced as idiomatic lexical units at the terminological level, influencing the formation of legal concepts by orienting understanding toward known experiences and endowing regulated objects with specific characteristics for adequate interpretation. It is concluded that the pragmatic potential of metaphor, particularly epistemological function is one of the leading criteria for the use of this lexical phenomenon, is among the primary critera justifying its use as a logical-linguistic means of legal text modeling.
Copyright (c) 2025 Yaroshchuk I.A. https://creativecommons.org/licenses/by-nc/4.0
Law and biomedicine: Main risks, new approaches to regulation
Biomedical technologies have advanced rapidly in recent decades, impacting human nature itself and reshaping the surrounding social environment according to new principles. These developments carry significant implications for law and public policy, highlighting the importance of legal research in regulating biomedical innovation. This article explores the transformation of traditional legal principles in family and inheritance law, focusing primarily on surrogacy under the influence of reproductive technologies. The concept of biolaw is introduced as an integration of law and biomedicine, alongside the emerging interdisciplinary field of neurolaw, which studies how advances in neurobiology influence jurisprudence. Key areas of interaction between neurobiology and law include the development of judicial practice, legislative reform informed by neuroscience evidence, and shifts in the general theory and philosophy of law. Philosophical ideas about constructing future societies grounded in biomedical achievements - proposed by thinkers such as F. Fukuyama, E. Toffler, A. Bard, and J. Söderqvist - are discussed. The article highlights certain central public concerns: social control, biologically based hierarchies, renewed eugenics, and discriminatory practices. It identifies biomedical technologies with potential to fundamentally transform society, the emerging risks they pose, and possible legal ramifications. Examples discussed include the creation of artificial wombs and genome editing, both of which may have applications beyond biomedicine for broader social purposes. The article also points out gaps in Russian legal regulation and presents the results of a comparative legal study, culminating in general recommendations for improving Russian legislation.
Copyright (c) 2025 Romanovskaya O.V., Romanovskiy G.B. https://creativecommons.org/licenses/by-nc/4.0
Alexander Vladimirovich Lokhvitsky (1830-1884): Teacher, scientist, lawyer
The objective of this work is to characterize the scientific, pedagogical, and advocacy activities of Alexander Vladimirovich Lokhvitsky, one of the most renowned Russian lawyers of the second half of the 19th century. The sources for this biographical essay include personal documents of. Lokhvitsky’s contemporaries (K.N. Bestuzhev-Ryumin, E.I. Kozlinina, V.I. Nemirovich-Danchenko, A.V. Nikitenko), obituaries, articles from pre-revolutionary dictionaries, Lokhvitsky’s scientific works, his published court speeches, and materials from discussions on advocacy ethics at the turn of the 19th and 20th centuries. The study concludes that although Lokhvitsky’s pedagogical achievements were somewhat localized, several of his ideas found practical application and remain relevant today. He attained noble success in the scientific realm, with a number of his works continuing to interest specialists. In advocacy, A.V. Lokhvitsky left a significant legacy through his published speeches, many of which serve as exemplary models for court oratory. Among his key contributions was sparking a discourse in Russia on attorney ethics, raising issues that continue to resonate in contemporary legal practice.
Copyright (c) 2025 Demichev A.A. https://creativecommons.org/licenses/by-nc/4.0
Concept and strategies for resolving conflicts between special legal rules
The paper presents ideas on resolving conflicts between special legal rules. Such norm conflicts occur when several special norms originate from a single general norm vased on different criteria. These are partial norm conflicts, which cannot be resolved directly through the legal maxim of lex specialis. The purpose of this article is to establish an optimal approach for resolving conflicts between special legal rules by analyzing current methodologies addressing such conflicts. The author employs various methods for investigating legal reality, including the systemic approach, conceptual analysis, legal-dogmatic method, comparative approach, and juridical hermeneutic. Five methods for addressing these conflicts are identified. (1) The ‘ostrich’ approach. This method avoids legal conflicts by narrowly interpreting one special rule as part of general rule, enabling direct application of lex specialis. (2) The ‘integrative’ approach: This method eliminates legal conflict by harmonizing the content of special rules through interpretation that aligns them with a common purpose. (3) The ‘essential’ approach: This approach resolves conflicts by identifying a parameter that determines the degree of specialty of colliding norms, then applying the lex specialis maxim accordingly. (4) The ‘meaningful’ approach: This involves describing a universal or localized meta-legal criterion to overcome conflicts, for example, applying the humanistic criterion that famous the norm most beneficial to its addressee (in favorem) in cases of a conflict. (5) The ‘dogmatic” criterion: This criterion resolves conflicts based on other general principles, such as the lex posterior maxim. Due to its neutrality and simplicity, this approach is recommended as the primary methor for resolving conflicts between special norms. If special rules are adopted simulteneously, the ‘essential’ criterion is the preferred method, with the ‘integrative’ approach as a possible alternative.
Copyright (c) 2025 Petrov A.A. https://creativecommons.org/licenses/by-nc/4.0
Types of normative hierarchies: The principle of “lex superior” in R. Guastini’s approach to legal conflicts
One of the classic principles for resolving legal conflicts - “lex superior derogat legi inferiori” - presupposes the priority of norms derived from a legal act that holds greater legal force or occupies a higher position in the normative hierarchy. However, contemporary legal systems do not operate as straightforward vertical hierarchies, which necessitates further study into the ordering of such systems and the arguments supporting the validity of the norms within them. The purpose of the study is to analyze the approach of the Italian legal scholar Riccardo Guastini concerning four types of normative hierarchies he identifies. The article extensively presents arguments from Guastini’s “Lex Superior” (2013), originally published by the proponent of Genoese legal realism in French, to make them accessible to Russian-speaking researchers. According to R. Guastini, first, there is a formal hierarchy, which exists between norms that govern the creation of law and the laws produced in accordance with those norms. Second, a material hierarchy exists when contradictions between two norms are clearly prohibited by a third, higher-ranking norm. Third, there is a logical hierarchy, wherein one norm refers to another at a metalinguistic level. Finally, fourth, an axiological hierarchy depends on the value judgment of the interpreter, where one norm is considered superior based on interpretive assessments. The article also traces Guastini’s development of the concept of “metanorm”, which, he argues should be reserved exclusively for norms that explicitly reference other norms. Practical examples illustrating the application of these four types of normative hierarchies, in particular, such as the self-restraint exhibited by legislators and the revision processes within the Italian Constitution, are provided toward the end of the article. The study concludes by challenging the views that any hierarchy necessarily precedes interpretation and highlights the susceptibility of Guastini’s hierarchy types to manipulation when used to justify the validity of specific norms.
Copyright (c) 2025 Tonkov D.E. https://creativecommons.org/licenses/by-nc/4.0
Social protection of workers on digital labor platforms: Approaches to addressing the issue
The problem of social protection for employees of digital labor platforms is actively discussed worldwide, yet balanced solutions that harmoniously reconcile the interests of the state, business entities, consumers, and platform workers have not been found. The effectiveness of these efforts largely depends on accurately classifying persons performing platform work as either employees or independent contractors (self-employed, implementing partners), since their status determines the scope of their social protection. Individuals under employment contracts typically receive more extensive and stable social guarantees than those engaged through civil law contracts. However, platform employment is diverse, and digital labor platforms that act as active intermediaries in local labor markets (for example, taxi services, delivery services, home and home services) blur the boundaries between labor and civil law relations by transforming the status of workers. Legally independent contractors may, in practice, be subject to direct control by the platform through algorithmic management. This blurring makes distinguishing self-employment from disguised employment a pressing scientific and practical challenge, and a prerequisite for developing appropriate social protections regardless of employment form. This article explores possible approaches to solving this problem: judicial reclassification of employment status, establishing presumption of employment relationships, and introducing hybrid employment models into legislation. Examples from various jurisdictions regulating platform work (USA, European Union, Ireland, Spain) illustrate these methods. The study’s relevance is understood by recent Russian federal legislation adopting a civil law model for organizing work on digital platforms. International experience broadens the perspective, highlights advantages and challenges of differing approaches, and guides future efforts to find balanced regulation of platform employment.
Copyright (c) 2025 Kolotova N.V. https://creativecommons.org/licenses/by-nc/4.0
Identification of the substantial characteristics of law in the digital age
The article discusses the need for new approaches to legal research, driven by the introduction of digital technologies into public life. Under these conditions qualitative changes in consciousness and methods of human worldview formation, virtualization of social relations and their value basis, and transformation of cultural identity acquire the significance of typological features of law in the digital age. Digital reality is a special human “habitat” that changes the direction of the evolution of the human brain and consciousness; in combination with social experience, it alters the type of human thinking and worldview; creates conditions for the transformation of the value basis of culture, the splitting of human individuality and cultural identity; virtualizes a significant part of social relations; gives rise to a new structure of society and new forms of social inequality. These directions of evolution of social practice, social relations, their value basis, consciousness, and human worldview, being expressed in law, acquire the significance of its typological characteristics, in which the phenomenon of syncretism manifests itself in a new, unique form. The typological feature of law is its fused, inseparable expression of a complex of natural, biological, and social regularities governing human and social development, as well as technical regularities conditioned by the integration of elements of the digital environment and non-biological resources into human consciousness. The law of the digital age considers value not in the individual, but in their identity, acceptable from the perspective of the official authorities. The legal assessment of this identity is associated with the emergence of a new group of objects of legal regulation-human virtual interpretations of legally significant social meanings. The digital age is giving rise to new forms of social division, the criteria of which are the degree of human integration into virtual space and the human attitude toward technology as a means of production. This results in the reflection in law of new groups of social interests, changing its essence.
Copyright (c) 2025 Zinkovskiy S.B. https://creativecommons.org/licenses/by-nc/4.0
Mechanism of legal culture formation among digital citizens
This article studies the mechanism of formation of the legal culture of digital citizens, a concept that reflects the genesis, development, semantic content, and role of this phenomenon amid digital social transformations. The study aims to analyze the mechanism by which the legal culture of digital citizens forms, detailing its stages and components. The research employs methods including systemic, logical, modeling and generalization, forecasting, formal-legal, comparative-legal, and cultural analysis. The concept of legal culture of digital citizens emerges from synthesizing three scientific phenomena: legal culture, citizenship, and digital culture, each contributing distinctive features and attributes. To understand the complex dynamics and consistent functional interaction between traditional elements of legal culture and new elements of citizens’ digital culture, a mechanism design is proposed. This mechanism includes the following stages: acquiring digital competencies; awareness, consolidation and development of digital identity; mastering and reinforcing core digital values and standards of digital thinking; and forming socially active and responsible digital behavior. The mechanism’s components specify the objectives for each stage: digital knowledge, skills, and abilities; digital identity; values and standards of digital thinking; and motivational attitudes fostering lawful and socially active digital behavior. The significance of this mechanism for legal science and practice lies in preserving and advancing humanistic and axiological approaches to defining the individual’s role within the digital society’s legal systen, recognizing the cultural value of digital principles in a citizen’s legal status, and optimizing legal regulation of relations among digital citizens, digital society, and public authorities.
Copyright (c) 2025 Gavrilova Y.A., Bokov Y.A. https://creativecommons.org/licenses/by-nc/4.0
Biometric data as a tool for remote personal identification
The article examines biometric data as a tool for remote identification. Biometric data, including voice recording, fingerprints, retinal scans, and otheridentities, hold special significance because they enable the accurate establishment of a person's identity, undersoring the relevance of this research topic. The author analyzes legal aspects of the concept of “biometric data”, principles governing their use, and the advantages and disadvantages of such applications to explore the specifics of employing biometric data for remote identification. The article concludes that current legislation needs refinement through unification and clarification of key conceptual terms. This would enable cleaeter delineation among the concepts of biometric personal data as used in legal regulation, remote identification, authentication, and the pertinent areas of legal governance.
Copyright (c) 2025 Zaporozhtsev D.S. https://creativecommons.org/licenses/by-nc/4.0
The effectiveness of public administration as a factor in ensuring state policy on wildlife conservation: A theoretical and practical analysis
This article examines various interpretations of the term “state environmental policy” as presented in legal literature. Based on this analysis, the author concludes that the concept encompasses a range of activities carried out by state bodies aimed at protecting natural resources. The article also analyzes the implementation practices of strategic documents regulating hunting and fishing activities. The author finds that certain provisions in these documents are largely declarative and highlights the lack of an effective mechanism for implementing environmental and social indicators used to evaluate public management performance in this domain. Drawing on positive examples from foreign countries in managing conservation and utilization through strategic documents, the author emphasizes the need for an integrated approach to conserving all biological species of wild animals. The paper outlines proposals for implementing the Concept of Sustainable Use of Wildlife, which could serve as a basis for legislative improvements. In the Russian Federation, current state policy in ecology focuses on preserving fauna species that are resources for hunting and fishing, as well as those categorized as rare and endangered.
Copyright (c) 2025 Ivanova S.V. https://creativecommons.org/licenses/by-nc/4.0
Party autonomy with effect against third parties as a means of harmonizing and unifying regulation of transfer of ownership in the private international law
The absence of an effective solution of ownership of movable property in cross-border transactions underscores the relevance of this article. The traditional lex rei sitae connecting factor fails to address issues in cases of mobile conflicts. Party autonomy presents a potential tool to overcome this challenge. However, the primary obstacle to its widespread acceptance is the possible adverse impact of parties’ agreements on the rights of third parties. This article aims to assess the potential application of party autonomy as a means to harmonize and unify the regulation of the transfer of ownership of movables, and to justify the effect of the parties’ chosen legal order on the third-party right. The research employs general scientific methods, including analysis, synthesis, deduction, induction, and dialectics, alongside specific legal methods such as dogmatic and comparative analysis. The study concludes that the party autonomy can serve as an effective instrument for harmonizing and unifying regulations governing the transfer of ownership of movables while adequately protecting third-party rights. Third parties are provided with special mechanisms to safeguard their interests. Within the framework of unification, for certain categories of movables, registration systems may offer a means to ensure protection of third-party rights. Consequently, both harmonization and unification prove to be effective regulatory tools for the transfer of ownership of movables. Finally, the article proposes directions for further research, focusing on determining the optimal balance between harmonization and unification in regulating the transfer of ownership through party autonomy, taking into account the advantages and disadvantages of each approach.
Copyright (c) 2025 Leontieva E.A., Oleynikov M.A. https://creativecommons.org/licenses/by-nc/4.0
The 27th International Interdisciplinary Scientific and Practical Forum ‘Yurtekhnetika’ on ‘Symbols in Law (Doctrine, Practice, Technique)’ : Review of Materials and Presentation of the RUDN Journal of Law
Copyright (c) 2025 Nikitina V.S. https://creativecommons.org/licenses/by-nc/4.0