Vol 26, No 1 (2022)


Implementation of constitutional provisions concerning uniformed public authority in the Russian Federation

Chikhladze L.T., Friesen O.A.


The article analyzes changes introduced to the current Russian legislation after the constitutional amendments adopted in 2020. The analysis is conducted in relation to the previously issued rulings of the Constitutional Court of the Russian Federation concerning several isolated aspects of organization and implementation of the uniform public authority system in the Russian Federation. Upon thorough study of the Federal Law “On the federal territory “Sirius” No. 437-FL of 22 December 2020, as well as of the draft bill “On general principles of organization of public authority in the constituent entities of the Russian Federation” authors outline arising questions and, more specifically, possible difficulties in organization and implementation of the public authority in the federal territories of the Russian Federation.

RUDN Journal of Law. 2022;26(1):7-24
pages 7-24 views

Cherdantsev A.F. - a leading researcher of the issues of applying logic in legal science and practice

Syrykh V.M.


A systematic analysis of the main provisions of the logical and methodological problems of legal science and practice developed by A.F. Cherdantsev - Russian jurist, Doctor of Law, Full Professor, Honored Scientist of the Russian Federation is given. The creative contribution to the development of logical legal issues, made by the author, is expressed in underpinning of the new term “logical-linguistic phenomena”, as well as critical analysis of Russian jurists proposals to treat philosophy of rights and logic of law as independent branches of scientific knowledge. In addition, the author gave reasonable recommendations regarding the logical nature of a number of leading logical and linguistic phenomena: concepts, terms, definitions, norms of law, principles, facts, legal constructions, etc. The article, further, evaluates the research of A.F. Cherdantsev methods of interpretation of law, skillful possession of which, in his opinion, is the key to the successful activity of a lawyer both in the field of legal science and practice. The author's proposals on the composition, structure and content of methods of interpretation of law are supported. Among the main contentions of the author's novelty is his detailed systemic characteristic of the methods of law interpretation, where decisive importance is attached to the analysis of special methodological principles of cognition forming the content of these methods.

RUDN Journal of Law. 2022;26(1):25-39
pages 25-39 views


Transformation of several issues of exemption from obligations under cross-border and domestic contracts due to COVID-19: analysis of judicial practice

Alimova Y.O.


The COVID-19 pandemic has completely changed the entire life of the society. Today, the world witnesses the third wave of the COVID-19 pandemic. This is evidenced by the steadily increasing number of new cases of contamination. Despite the difficult situation, every day merchants continue to conclude cross-border and domestic contracts. Therefore, the issue of exemption from obligations due to the onset of the consequences of the COVID-19 pandemic is relevant and requires detailed consideration. We propose to analyze two concepts, namely, force majeure and a significant change in circumstances (hardship), in order to analyze the judicial practice (case law) developing at the international level in different countries and at the national level in the Russian Federation. The article analyzes international acts of both state and non-state regulation, examines the approaches of foreign state courts to the issues of exemption of counterparties from fulfilling obligations due to the onset of the consequences of the COVID-19 pandemic and practice of Russian courts. The study was conducted using general scientific and special methods of cognition: logical, systemic-structural, methods of generalization, synthesis, induction, and deduction. Certain substantive conclusions are made based on the comparative research method. Analysis of the Russian judicial practice concerning the application of the concept of exemption from the fulfillment of obligations shows that, unfortunately, Russian courts apply dual practice regarding recognition of a particular circumstance as a basis for releasing a counterparty from liability. This is explained by the fact that the principle of pacta sunt servanda (contracts must be executed) continues to be of decisive importance in international practice. With regard to the second concept application, namely, a significant change in circumstances, we note a positive practice of Russian courts. Currently, the Russian courts recognize the circumstance that affected performance under the contract due to the onset of coronavirus infection or consequences of the COVID-19 as a significant change in circumstances.

RUDN Journal of Law. 2022;26(1):40-59
pages 40-59 views

COVID-19 and United Kingdom’s legal regulation

Sorokina E.A.


There has been an unprecedented impact on the all spheres of society from the novel coronavirus (COVID-19). As it has rapidly become a global pandemic, states around the world had to implement appropriate measures for responding to it containment and control. The different countries have used various approaches to responding to the pandemic. This article explores the UK's approach to the COVID-19 health emergency. More precisely, it will be analysed two main aspects: on the one hand, the acts that were adopted in the context of the health crisis and its assessment; on the other hand, it will be analysed attention is focus to the issue related to the limitation of fundamental human rights and freedoms. In the early stages of epidemic, UK implemented “herd immunity” strategies and its danger was initially underestimated by the authorities. Nevertheless, watching how things unfolded, from March 2020 onwards UK took drastic measures to prevent the spread of the virus. including country-wide lockdown and the powers of public administration entities are expanded. The sagnificant of these measures have been implemented using acts of soft law or non-binding guidelines and recommendations, the legal status of which is not entirely clear. In addition, preference was given to the adoption of new legislation to combat the pandemic, regardless of the existing legal basis for emergency situations. At the same time, the authority to take measures to contain and spread СOVID-19 was transferred to the executive authority with minimal parliamentary control.

RUDN Journal of Law. 2022;26(1):60-74
pages 60-74 views


The evolution of anglo-american legal positivism in the late 19th - early 20th centuries: understanding jurisprudence and law in the teachings of J. W. Salmond

Mikhailov A.M.


The article is devoted to the legal doctrine of the famous New Zealand jurist John William Salmond - one of the most remarkable representatives of Anglo-American legal positivism, who made a significant contribution to its development. The aim is to reconstruct the views of a lawyer about the nature of law and the subject area of jurisprudence. The relevance lies in the fact that the evolution of Anglo-American legal positivism from J. Austin to the teachings of H.L.A. Hart is poorly studied in Russian jurisprudence while prevailing in Anglo-American legal thought. The methodological basis comprises historical approach along with the elements of a biographical approach, techniques and procedures of legal hermeneutics, rules and techniques of formal logic allowing to reconstruct the key ideas of J. Salmond's legal theory and place it in the context of the common law tradition. The main ideological line of the work is the connection between the legal teachings of J. Austin, J. Salmond and H.L.A. Hart. The work reveals features that allow to assert the typological belonging of Salmond's doctrine to the classical legal positivism in England. Particular attention in the article is paid to the study of significant differences between the legal teachings of J. Austin and J. Salmond, as well as the substantial similarities between legal theories of J. Salmond and H.L.A. Hart. The author came to the conclusion that Salmond's legal doctrine was the first in the history of English legal positivism, where the basis for the validity of law lies not in the order of the sovereign, but within the practice of the courts recognizing the rules as legal.

RUDN Journal of Law. 2022;26(1):75-94
pages 75-94 views

Legislative inflation as a crisis tendency in law: on the example of Walter Leisner's book «The Crisis of the Law. Decomposition of the Normative State»

Sekhin I.V.


The article is concerned with legislative inflation as a crisis trend in law. The timeliness of the work is derived from lower stability of legal regulation in the context of high lawmaking activity of the Russian legislator. The purpose of the research is to assess the possibility of applying the approach proposed by W. Leisner to determining the causes of legislative inflation (law crisis) in Germany to the conditions of Russian legal reality. The methodological basis of the research is formed by general scientific (analysis, synthesis, induction, deduction, comparison), as well as special scientific (formal legal, comparative legal) research methods. The study allowes to single out the aspects of legislative inflation that are common for Russia and Germany; they are expressed in the lack of effective legal barriers to legislative activity, desire of the legislator to permanently improve the current legislation as well as a radical reduction in the period of legislative stability. It has been established that approach proposed by W. Leisner to identify the causes of lawmaking crisis, based on the analysis of relationship between law and branches of power of the constitutional state, can be used to determine the mechanism of legislative inflation in Russia.

RUDN Journal of Law. 2022;26(1):95-111
pages 95-111 views


Legal support of anti-money laundering and terrorism financing regime in the conditions of new technologies integration

Aksenova M.A.


The article studies the development of legal regulation in correlation with the processes of integration of digital technologies in the regime of combating money laundering, financing terrorism and weapons of mass destruction. The research attempts to establish the stage of modern law development in terms of regulating the use of new technologies by the private sector and state bodies. The goal is to study regulatory legal acts and legal practice in the Russian Federation and other countries. The standard legislative initiatives of states in the field of regulation of new technologies, as well as other related legal spheres have been analyzed. The rearch notes the lack of a unified systematic legal basis for the use of technologies such as artificial intelligence, cryptocurrency, and national digital currencies of banks. It has been concluded that there is a high risk of using new digital technologies without modernizing state equipment and improving the regulatory system base for their application. Recommendations are proposed for further development of the database in terms of introduction of digital technologies. A number of conclusions concerning necessitating changes in preparation of legislation on new technologies integration have been made.

RUDN Journal of Law. 2022;26(1):112-128
pages 112-128 views

Protecting the interests of a retail investor i n the United States, China and Russia: the example of brokerage

Biktashev A.A.


The main objectives in regulating brokerage activities are to ensure the interests of brokers’ clients while minimizing the regulatory burden. At the moment, in connection with the flow of households’ assets to the securities market, the Bank of Russia is actively developing direct tools to protect the interests of investors, including the mechanism for qualifying investors. However, its effectiveness is questioned by the expert and professional community. To assess the results of the use of direct and indirect regulatory instruments aimed at protecting retail investors, a comparative analysis of the regulatory policy in this area in countries with the most developed financial markets was carried out. Based on the results of the analysis of regulation in the United States and China, it was established that they used tools of both direct and indirect regulatory impact. Despite the differ-ences in regulation in both cases, the emphasis in regulation is placed on indirect measures of influence. Direct bans on access to financial instruments for certain categories of investors in the countries under consideration are not applied. It was also noted that despite applying certain measures in Russia, similar to the indirect regulation in the United States and China, their implementation is often sufficient, which reduces their effectiveness.

RUDN Journal of Law. 2022;26(1):129-148
pages 129-148 views

Planning as a basis for effective financial support of public procurement

Kikavets V.V.


The article substantiates the importance of planning public procurement, expressed by the legal possibility of solving the assigned tasks in a timely manner by concentrating resources on priority areas. Despite the fact that public procurement planning is designed to ensure effective management at all stages of procurement, including management decisions, insufficient attention is paid to aspects of legal regulation and financial support for procurement planning, which reduces the overall effect in this area. Moreover, public needs in the procurement planning process can be overridden by departmental needs or the private interests of an individual official or a group of individuals. The essence of planning public procurement in Russia is investigated by using the methods of consistency, analysis, synthesis, and the comparative legal method. As a result of the study, the main features that characterize the specifics of planning public procurement have been identified; among them are universality, balance, bureaucracy, and ensuring public interest. Highlighting such basic elements of public procurement planning as goal setting, planning depth, accounting and coordination of public and private interests, adaptation, and discretion allowed to formulate a proposal for implementing prospective procurement planning. At the same time, it was proposed to understand the prospective procurement plan as an independent document, approved after funding (allocation of budget funds), and ensuring the implementation of management decisions within the framework of goal setting and synchronization of public and private interests for the medium and long term. The author’s hypothesis was confirmed that prospective procurement planning is aimed at synchronizing public and private interests, integrated into the budget process system, resource supply of the country, or a separate entity.

RUDN Journal of Law. 2022;26(1):149-170
pages 149-170 views


Criminal law mechanism of compensation for harm caused by crime: trends in legislative regulation and practical implementation

Skripchenko N.Y., Anoshchenkova S.V.


The relevance of research. Allocating compensatory actions a place either in the system of coercive measures or in the arsenal of stimulating measures, the legislator took the path of strengthening private interests, expanding the grounds for exemption from criminal liability, and reducing the requirements for post-crime behavior of the accused. The revealed legislative transformation of the restorative actions of the guilty party laid the foundation for the reevaluation of their content by a law enforcement officer. By recognizing as optional the solely personal participation of the offender in compensation for damage, as well as transferring “redressing of harm” from certain definitions to evaluative ones, the Plenary Session of the Supreme Court laid the foundation for forming practice in a new direction, the study of which is the purpose of this article . Research results. Critically assessing the emerging practice, the authors raise the questions of justification for the release of those guity, who personally did nothing for the state forgiveness, as well as justification for courts to refer to mitigation of harm, actions being far from compensatory. The paper substantiates the conclusion that the solely judicial discretion in determining the redress of harm conceals not only corruption risks, but also threatens the uniform application of the law. The accumulated experience does not allow development of universal criteria that allow to determine not only sufficient, but also the minimum necessary actions of the perpetrator to smooth down the harm caused by a crime infringing on public interests. The Plenum of the Supreme Court clarifications, which exclude recognition as compensatory actions of the guilty party to terminate the criminal offense, and also form active repentance in content, can facilitate the prompt elimination of defective law enforcement. The methodological basis is formed by general scientific (analysis, synthesis, and dialectics) and special scientific research methods (historical and legal, systemic and structural, formal and legal).

RUDN Journal of Law. 2022;26(1):171-191
pages 171-191 views

Specifics of resolving disputes in the field of climate protection by state courts and arbitration

Ermakova E.P.


The article is devoted to the study of climate claims, including new types of such claims, recorded in a number of countries in 2020-2021. They involve claims for the protection of human rights and claims against private companies. In addition, the author analyzes the most common grounds for argumentation of the plaintiffs’ positions in climate claims based on international, constitutional, administrative, and tort law. The most common legal doctrines that were used by courts as the ground for decisions on climate claims have been studied. The purpose of the study is to form an idea of a new type of claims (claims in the field of climate protection or climate claims) based on the analysis of regulations, judicial practice of foreign countries and scientific sources. The methodology includes empirical methods of comparison, description, and interpretation, theoretical methods of formal and dialectical logic, special methods such as legal-dogmatic and legal norms interpretation. The study showed that judicial and arbitration proceedings on climate issues have become an effective tool used by citizens and non-governmental organizations to ensure compliance with or strengthening of the climate commitments made by governments in accordance with the 2015 Paris Agreement.

RUDN Journal of Law. 2022;26(1):192-209
pages 192-209 views


Compulsory vaccination: Public benefit or individual’s right limitation

Yastrebov O.A.


Mass vaccination and its controversial assessments have become key issues under the COVID-19 pandemic. Outbreaks of diseases and popularity of anti-vaccination movements require a study of legal foundations for medical interventions and freedom restrictions which are considered as the result of serious risks to health and sanitary-epidemiological well-being of the population. The question is what should be prioritized - paternalistic powers of the state or individual rights and freedoms to decide what risks to take. In terms of responsibility distribution, people often consider vaccines as more dangerous than infectious diseases, which makes compulsory vaccination a legal phenomenon of particular importance. In the contemporary legislation, there are various national approaches to the individual autonomy and freedoms. In some countries, vaccination is directly linked to the possibility to study (USA), in others it is associated with ‘public health’ (Australia), financial sanctions (Poland) or freedoms’ limitations (Pakistan). In terms of public health ethics, vaccination is similar to the use of seat-belts in cars, and compulsory vaccination policy is ethically justified by the same reasons as mandatory seat-belt laws: at first, they were met with great opposition; later the use of seat belts acquired the significance of not only a legal but also a social norm precisely because it was made mandatory. The similar approach is applicable to vaccination: the policy of compulsory vaccination can make it a social norm. However, in the legal perspective, compulsory vaccination is a compulsory medical intervention which raises the question about whether it is possible to limit individual rights and freedoms in the name of public health safety. The article considers contradictory issues in the state policy of compulsory vaccination and its legal support. The author presents a definition of compulsory vaccination, identifies its types, describes the specifics of its national legal regulation and sanctions for the refusal to be vaccinated, and explains its social necessity and expediency as a public good.

RUDN Journal of Law. 2022;26(1):210-235
pages 210-235 views


Review on the book: Bondarchuk, I. V., Butkevich, O. V., Rudenko, A. V. et al. (2020) Rule-making process in the Republic of Crimea and Sevastopol (based on materials of 2019): a textbook for masters. Simferopol, Arial publishing house

Radko T.N., Nazaykinskaya V.A.


The review analyzes the content of the textbook “Rule-making process in the Republic of Crimea and Sevastopol”, prepared by a team of authors representing not only Crimean universities that provide training in the areas 40.04.01 “Jurisprudence” and 38.04.04 “State and municipal government”, but also directly involved in the legislative process. It is emphasized that this is the third book in a series of publications based on the annual reports of the State Council of the Republic of Crimea and reports of the Legislative Assembly of the city of Sevastopol on the state of regional legislation. The authors point to a well-grounded combination of theoretical and practical foundations of rule-making activity in the constiuents of the Russian Federation under study. It is noted that the cycle of publications based on legal monitoring of the legislative activities of the State Council of the Republic of Crimea and the Legislative Assembly of the city of Sevastopol is successfully combined with a theoretical review of issues related to the preparation of draft laws. These facts make the manual a useful source not only for undergraduate students, but also for all specialists working in the field of regulatory activity.

RUDN Journal of Law. 2022;26(1):236-243
pages 236-243 views

Principles and goals in public administration of science at the present stage: a comparative legal study

Dobryakov D.A.


Over time, the importance of scientific and technological progress is constantly increasing, and this happens in all spheres of society activities, including economic, political, social security, etc. In this regard, the problem of improving legislative regulation of public administration of science is quite acute. One of the essential elements of such problem is determining principles and goals of relevant public authorities’ activities of. In developing specific proposals, it is necessary to take into account not only the internal conditions of a particular state, but also experience of foreign countries. Such approach allows to determine and clarify national priorities for the development of science, as well as avoid mistakes and difficulties already known to the world community. This article is devoted to the analysis of such experience.

RUDN Journal of Law. 2022;26(1):244-254
pages 244-254 views

RUDN University participation in the international scientific and practical conference “Law-making expertology: doctrine, practice, technique” and presentation of the special issue

Sattorov S.S.


The review is focused on the presentation of one of the issues of the RUDN Journal of Law at the international scientific and practical conference. This is a special issue dedicated to the aspects of Biomedicine and Law, 2021. All publications of the edition are devoted to the relationship between biomedicine and law. The authors analyze the importance of legal norms as one of the main guarantees for the planned and safe development of biomedical research.

RUDN Journal of Law. 2022;26(1):255-259
pages 255-259 views

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