Vol 26, No 2 (2022)


Diasporas and States of origin: the positive experience of interaction

Varlamova N.V., Vasilieva T.A., Sorokina E.A., Talapina E.V., Chekharina V.I.


In today’s world a considerable number of people for one reason or another live outside their (or their ancestors’) States of origin. In most cases they retain a sense of belonging to their Homeland and an interest in maintaining ties with it. In turn, States also seek to develop relations with compatriots living abroad. This direction of State activity in many countries is enshrined at the constitutional level; special laws determining the legal status of compatriots, directions and forms of interaction with them have been adopted; special State programs to support diasporas are being developed and implemented. In general, the policy of States toward compatriots living abroad aims to preserve their national (linguistic, cultural, and religious) identity and to involve them in their social, cultural, economic, and political life. For these purposes, States help compatriots living abroad to study their native language, introduce them to national culture and traditions, support diaspora organizations, develop their cooperation with public authorities, scientific and educational institutions, business communities, and non-profit organizations, encourage investment activity, and, if necessary, provide compatriots with social assistance. Foreign countries have accumulated a lot of positive experience in this regard, and its analysis and generalization is the subject of this article.

RUDN Journal of Law. 2022;26(2):267-296
pages 267-296 views

Labour law of Argentina: features and historical stages of development

Lebedeva M.A.


The labor law of Argentina, its history and current trends are scarely examined by Russian scientists. The author aims to provide a general overview of the history of Argentine labor law, to highlight the historical stages of its development, to identify the essential features inherent in Argentine labor law at every stage, as well as to identify its current state. The article analyzes the first draft of the Argentine Labor Code of 1904 on the continent and the most im-portant laws regulating labor relations including the Law on the Employment Contract of 1974. The author concludes that Argentine labor law has a system of protection of labor rights of a fairly high level. At the same time, the instability of the political and economic situation in the country does not allow implement-ing the achievements of labor legislation and ensuring the implementation of la-bor rights proclaimed by the Constitution of Argentina.

RUDN Journal of Law. 2022;26(2):297-313
pages 297-313 views

Foreign experience in the implementation of “green” public procurement legal instruments

Egorova M.A.


The purpose of the study is to generalize the practice of legislative regulation of green public procurement in the countries of the European Union with the prospect of its application in the legal conditions of Russia. The article formulates the legal content of “green” (sustainable) public procurement. It is substantiated that green public procurement will contribute to solving environmental problems, stimulating the subjects of innovative and environmental entrepreneurship to actively support the climate agenda. The study reveals the obstacles that hinder broader engagement of the Russian contract law to raise efficiency of green public procurement in Russia. Conclusions concern normative regulation considering environmental criteria for identifying green public procurement and developing regulations for this type of procurement based on the experience of the world leaders. Normative and legal regulation of “green” procurement is necessary not only for companies, but also for the state, as it reflects national strategic priorities in the field of environmental protection, which is in line with the UN global goals of sustainable development.

RUDN Journal of Law. 2022;26(2):314-328
pages 314-328 views


Independence of local self-government in conditions of unified public authority system formation

Babaeva Y.G.


The article concerns the issues related to the determination of local self-government bodies' role in the unified system of public power, which is being formed due to the implementation of the constitutional reform on effective interaction between state and municipal bodies. The author examines the concept of the “unified system of public authority”, identifying the key semantic meanings that influence its formation, and analyzes the prospects of local self-government bodies either to preserve or loose independence as a result of their inclusion in the unified system of public authority (Federal Law No. 394-FZ of December 8, 2020, On the State Council of the Russian Federation).

RUDN Journal of Law. 2022;26(2):329-347
pages 329-347 views

Nomothetae: Friedrich Hayek’s project of a constitutional reform

Raab R.S.


The article offers a comprehensive reconstruction of a constitutional reform project, proposed by a well-known economist Friedrich Hayek. The reconstruction implies recognition of three interconnected aspects. The first theoretical aspect deals with the key problem of a democratic government - the problem of empowering parliaments with two dangerously “mixed” powers, namely the power to manage specific resources and the power to proclaim abstract rules of justice. Hayek proposes to enshrine a clear definition of the rules of justice in order not to confuse the development of these rules with the solution of resource management issues. The theoretical aspect is followed by the institutional aspect of the constitutional reform. The institutional aspect of the reform implies formation of a special representative body whose exclusive competence would be strictly limited to proclamation of the abstract rules of justice. Formation of such a representative body is the only way to avoid unjustified empowerment of the same people to decide both the questions of justice and current budget policy. To make sure that these questions will not be treated in the same political manner, Hayek leaves a few remarks concerning the type of mind that most fit to deal with the rules of just conduct. These remarks constitute the third, «anthropological» aspect of the reform project. In accordance with this third aspect, not every type of mind is inclined to prefer justice over the other, more utilitarian issues. It is that type of mind which is prone to follow customary «opinion» rather than organizational «will» that is more reliable when it comes to the matters of justice and its rules. And though this «anthropological» aspect is not at the center of the Hayek’s reform project, it seems to be one of the most characterizing elements of his constitutional proposal. In one way or another, all the other elements can be derived from this anthropological division between «opinion» and «will», which means that Hayekian reform project is based not only on his political preferences, but also underpinned by his epistemological theory.

RUDN Journal of Law. 2022;26(2):348-368
pages 348-368 views

Why was the head of state forced to address his opponents directly?

Eremyan V.V., Eremyan E.V.


This article is devoted to the processes caused by the systemic and institutional crisis of the Anglo-Saxon model of the political regime, which affected various areas of public relations clearly observed in the countries of the “collective West” and for a long historical period personified the statehood of the bourgeois-liberal type, functioning on the basis of relevant principles, values and proce-dures, and positioning itself as a stronghold of democracy to be followed. Based on a critical comparative legal analysis, it is concluded that many of the problems faced by postmodern society whose regression and degradation is already visible to the naked eye, stem directly from the era of formation and development of those relations which are traditionally associated, regardless of gender, skin color or ethnicity, with the constitutional and legal status of a person and citizen. Taking into account the circumstances of this kind, the authors consider the specifics and peculiarities of how the racial and female “issue” were resolved at the time, the discriminatory nature of which does not cause any doubt. Neverthe-less, their relapses have manifested themselves in the context of new stereotypes and rules of behavior, actualized by apologists of tolerance and multiculturalism, obtaining a totalitarian nature in the European Union and the United States. Ex-ploring the trends of recent years, the article emphasizes that in many states, called democratic, ruling elites initiated a process associated with politicization, falsification and perversion of national and global history. The process is primari-ly aimed at transforming the collective and individual consciousness of genera-tions that directly or indirectly did not feel the negative effects of the war, and perceived information mythologems as genuine and an objective view of things. As a result, events, facts and sources that previously did not cause any doubts among the academic community and the general public are being reviewed. The definitions of “liberalism” and “democracy”, introduced into political and collo-quial vocabulary long ago, have lost their original meaning and connotation. Based on that the authors conclude that it is necessary to form a fundamentally different scientific and theoretical foundation than before, since the existing def-initions and terms no longer meet the realities and requirements of today.

RUDN Journal of Law. 2022;26(2):369-402
pages 369-402 views


Imprisonment and organization of prison labor in Scandinavian states

Dobryakov D.A.


The development of society and dominant ideas about humanism and human rights require actualization of the legal regulation of various areas of social relations. It also involves the issues of criminal punishment, process and conditions of its execution, and the prison labor of convicts. This article is devoted to the analysis of the Northern Europe states’ experience of penal systems organization and especially conditions of the imprisoned persons’ labor. The issues of convicts’ recruitment goals, mandatory nature of their labor and alternative types of activities, grounds and procedure for remuneration of the work they perform are in the focus. In addition to the “traditional” Scandinavian states (Sweden, Denmark, and Norway), attention is also paid to the experience of Finland, which is close to the above states in many ways. The analysis of foreign practices is carried out in the context of problems existing in the penitentiary system of the Russian Federation. The results and formulated conclusions may be useful for subsequent scientific research, as well as revising Russian legislation and law enforcement practice connected with prison sentences execution and labor administering.

RUDN Journal of Law. 2022;26(2):403-418
pages 403-418 views

On the criminal law measures of regulation of surrogacy in foreign countries

Chukreev V.A.


The relevance of the article is termined by the fact that the surrogacy industry is currently rapidly developing. This is not only an effective way to help couples who do not have the opportunity to conceive children on their own, but also a big business. The cost of commercial surrogacy is quite high. This correct and useful deed quickly turned into a high-budget illegal event. It involves transnational criminal organizations. In this connection, the attitude towards surrogacy around the world is diverse and ambiguous. There are countries where this act is prohibited under threat of punishment. The aim of the study is to comprehensively study the legal problems of regulating relations associated with surrogacy. The research methodology is based on the analysis of the criminal law regulation of similar relations in foreign countries, implementation of best practices in the legislation of the Russian Federation as well as improvement of regulatory legal acts in matters of assisted reproduction and protection of individuals from illegal exploitation. The author came to the conclusion that it is necessary to adopt uniform standards for all countries that regulate surrogacy, which would take into account the interests of all the parties involved and create a mechanism for crim-inal law counteraction to shadow surrogacy.

RUDN Journal of Law. 2022;26(2):419-432
pages 419-432 views


Enrico Ferri on the criminal process

Trefilov A.A.


The article examines the views of the outstanding Italian criminologist Enrico Ferri on various issues of criminal justice, expressed in “Criminal Sociology”. It analyzes his arguments concerning the goals of justice, stability of the criminal code, the need for unity of civil and military justice. The article offers counterarguments against Enrico Ferri’s list of exceptions to the principle of the presumption of innocence. At the same time the views of the thinker concerning the expediency of abandoning the principle of collegiality and the jury trial are of certain interest. His ideas on three types of sentences (acquittal, indictment and under suspicion) and on the need to reason the final act of justice have been considered. Enrico Ferri’s thoughts on the amnesty and pardon, rehabilitation, revision of acquittals, possibility of stricter sentence in verification proceedings, etc. are obviously enriching the science of the criminal process. This article may be of interest to anyone who is engaged in the issues of criminal procedure, criminal law, and criminology, as well as the history of these legal sciences.

RUDN Journal of Law. 2022;26(2):433-447
pages 433-447 views

Implementation of conciliation proceedings in Vietnam

Makarchuk Z.V., Vu T.K.


The adoption in Vietnam in 2020 of the "Law on mediation and negotiations in court" was a significant event, indicating the preservation and development of the legal and cultural traditions of the country, as well as the reasonable use of the experience of other states in the field of reconciliation of disputing parties. The named Law has a wide range of application. The purpose of the study is that the author gives an overview of the conciliation procedure in the Vietnamese courts, and carefully analyses individual issues, especially the problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation procedure by court. The methodological basis of the study is the methods of consistency, analysis, and synthesis. The authors conclude that the introduction of mediation in court has brought many positive results: disputes and lawsuits have been successfully resolved and negotiated. The article provides a general overview of the mediation procedure in the Vietnamese court, and carefully analyses individual problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation process by court.

RUDN Journal of Law. 2022;26(2):448-463
pages 448-463 views

Mediation and restorative approach in resolving criminal law conflicts

Senina E.N.


A number of international legal instruments is highly recommended to upgrade the national system of conflict resolution in the sphere of criminal law with the view of the importance of not only traditional prohibitive, punitive and preventive, but, first of all, restorative tasks. Such modernization, which implies a tran-sition from the strategy of “combating crime” to strategies of “reducing the harm from crime”, requires a combination of methods of “punitive” and “restorative justice” in order to most effectively solve the problems of compensation for the harm caused to the victim and restoring his normal life and disturbed public order, as well as correcting and re-socializing the person who committed the crime in order to avoid repetition of criminal activity. But in order for such a transformation of the paradigm of criminal law policy to be organic and natural rather than artificially implanted, it is necessary that certain socio-political and legal factors that determine the formation and development of mediation and other restorative justice programs in the field of criminal law should develop in the Russian reality. For the first time in Russian science, the article, poses and investigates the problem of socio-legal laws of the concept of restorative justice. The conducted research contributes to identifying and formulating a set of laws characterizing the formation and development of the restorative approach; this allows on the basis of identified patterns to assess the current state of its socio-legal prerequisites in Russia.

RUDN Journal of Law. 2022;26(2):464-484
pages 464-484 views

The role of digitalization on the interaction of judicial and notarial authorities in conciliation procedures

Begichev A.V.


The article studies the issues of digital interaction between the court and the notary in the out of court conciliation procedures, which allows establishing new forms of protection of rights and legitimate interests of citizens and legal entities in resolving civil disputes. The author analyzes the possibilities of digital justice and derives the criteria for interaction between the notaries and the court when using mediation agreements concluded in a notarial form. The current state of the human rights activities of the electronic notary in certification of distance mediation agreements has been studied. The purpose of the article is to form an idea of new possibilities of the notary for notarizing remote mediation agreements and forming a promising platform for digital interaction between the notaries and the court, based on the analysis of legal acts and scientific sources. Among the methods applied are comparative legal, description, interpretation, and theoretical methods of formal and dialectical logic. Private-scientific methods including legal-dogmatic, and the method of interpreting legal norms were also used. The study showed that the remote execution of mediation agreements that have the status of enforcement documents, in the context of the increasing influence of digital technologies on the human rights activities of the court and notaries, is gaining importance in protecting the rights of subjects of economic relations, which provides an opportunity to reduce the burden on the court and save costly resources to reach consensus in a legal conflict for shorter time.

RUDN Journal of Law. 2022;26(2):485-500
pages 485-500 views


Environmental law - theory issues: response to the works of MSU Professor I.A. Ignatieva

Bogolyubov S.A.


The escalating environmental problems need scientific understanding, which is facilitated by the theoretical and educational works of Professor I.A. Ignatieva. They analyze the concept, objects, sources, and development of legal institutions of modern environmental law and legislation, considering previously published monographs of well-known scholars. Of great interest are her reflections concerning the initial formation of natural resources law, fundamental for environmental relations, as well as growing importance and development of environmental law. Among other issues the author emphasizes the place of a person in the environment, which is protected for the benefit of his life and health. The traditional for Russian and foreign law issue of the relationship between “environmental protection” and “ensuring environmental safety”, provided for in the Constitution of the Russian Federation, and in strategic planning documents is also in the focus.

RUDN Journal of Law. 2022;26(2):501-507
pages 501-507 views

Technique and practice of international rule-making: review of the materials of the ESIL International conference

Abashidze A.K., Gulyaeva E.E., Trikoz E.N.


The article presents the main trends in rule-making practice in the field of international law, which were summarized on the basis of expert reports and abstracts at the Conference of the European Society of International Law (ESIL) in autumn of 2021. The authors of the article are ESIL members and have previously made reports at its forums. In this review, they analyzed the materials of thematic seminars of “working groups”, “agoras” and “forums” of the Conference. The debates touched upon the impact of the digital revolution on the form and content of international lawmaking, discussed the influx of informal norms and standards in this area, maintaining the integrity of national systems and rationality of “soft law”, spread of the so-called “expert codifications”, ensuring the harmonization of domestic legality and lawmaking of non-state actors, taking into account corporate and civil-public interests in the law-making process, international negotiations and practice of states, demand for interdisciplinary paradigms, approaches and methods in situations of collisions of legal regimes and formation of “living law”. The authors of the review conclude that modern international law is under-going significant “digital recalibration” and is developing on the basis of new technologies from hyperformalism to hyperfactualism.

RUDN Journal of Law. 2022;26(2):508-527
pages 508-527 views

Review of the monograph: Vakula, M. A., Umnova-Konyukhova, I.A. (2021) Environmental law in the XXI century: relevant issues, challenges and solutions. Moscow: RUDN

Alferova E.V.


The article-review reveals the main provisions of the monograph, assesses its content and contribution of the authors to solving topical issues of modern envi-ronmental law. The importance of theoretical-methodological and institutional-legal characteristics of environmental law in the XXI century and the conceptual positions of the authors regarding the emergence of new concepts, sub-sectors and institutions of environmental law, as well as importance of the greening of the constitution in international and national dimensions are emphasized.

RUDN Journal of Law. 2022;26(2):528-534
pages 528-534 views

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