Vol 29, No 4 (2025)

STATE AND LAW IN CONTEMPORARY WORLD

The concept of the Anthropocene and its impact on Russian legal doctrine and environmental legislation

Anisimov A.P., Isakova Y.I., Pratsko G.S.

Abstract

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.

RUDN Journal of Law. 2025;29(4):819-836
pages 819-836 views

The Rule of Law: Between Ideology and Myth

Allalyev R.M.

Abstract

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.

RUDN Journal of Law. 2025;29(4):837-851
pages 837-851 views

The Pragmatics of Metaphor in the Language of Law: Gnoseological Aspect

Yaroshchuk I.A.

Abstract

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.

RUDN Journal of Law. 2025;29(4):852-868
pages 852-868 views

Law and biomedicine: Main risks, new approaches to regulation

Romanovskaya O.V., Romanovskiy G.B.

Abstract

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.

RUDN Journal of Law. 2025;29(4):869-885
pages 869-885 views

Alexander Vladimirovich Lokhvitsky (1830-1884): Teacher, scientist, lawyer

Demichev A.A.

Abstract

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.

RUDN Journal of Law. 2025;29(4):886-898
pages 886-898 views

CONFLICT OF LAWS

Concept and strategies for resolving conflicts between special legal rules

Petrov A.A.

Abstract

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.

RUDN Journal of Law. 2025;29(4):899-913
pages 899-913 views

Types of normative hierarchies: The principle of “lex superior” in R. Guastini’s approach to legal conflicts

Tonkov D.E.

Abstract

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.

RUDN Journal of Law. 2025;29(4):914-929
pages 914-929 views

LAW AND DIGITAL TECHNOLOGIES

Social protection of workers on digital labor platforms: Approaches to addressing the issue

Kolotova N.V.

Abstract

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.

RUDN Journal of Law. 2025;29(4):930-946
pages 930-946 views

Identification of the substantial characteristics of law in the digital age

Zinkovskiy S.B.

Abstract

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.

RUDN Journal of Law. 2025;29(4):947-961
pages 947-961 views

Mechanism of legal culture formation among digital citizens

Gavrilova Y.A., Bokov Y.A.

Abstract

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.

RUDN Journal of Law. 2025;29(4):962-980
pages 962-980 views

Biometric data as a tool for remote personal identification

Zaporozhtsev D.S.

Abstract

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.

RUDN Journal of Law. 2025;29(4):981-994
pages 981-994 views

LAND LAW AND ENVIRONMENTAL LAW

The effectiveness of public administration as a factor in ensuring state policy on wildlife conservation: A theoretical and practical analysis

Ivanova S.V.

Abstract

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.

RUDN Journal of Law. 2025;29(4):995-1012
pages 995-1012 views

INTERNATIONAL PRIVATE LAW

Party autonomy with effect against third parties as a means of harmonizing and unifying regulation of transfer of ownership in the private international law

Leontieva E.A., Oleynikov M.A.

Abstract

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.

RUDN Journal of Law. 2025;29(4):1013-1030
pages 1013-1030 views

REVIEWS. DISCUSSION FORUMS

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

Nikitina V.S.

Abstract

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RUDN Journal of Law. 2025;29(4):1031-1034
pages 1031-1034 views