Vol 26, No 3 (2022)


Legal realization as a component of law reality: philosophical and legal research

Skorobogatov A.V., Krasnov A.V.


The article examines the nature of legal realization in the context of law reality through the prism of philosophical and legal analysis. The purpose is the formation of scientifically based knowledge concerning the place and role of legal realization in law reality. The methodology is based on the complex use of post-classical methodology, which allows studying the law nature of legal realization and its significance for the development and functioning of law reality. The findings may be outlined as follows: Legal realization is considered in the article as a complex philosophical and legal category. Ontologically, legal realization may be defined as determining means of the legal impact of positive law on the consciousness and behavior of a person. Phenomenologically, it may be considered as an independent level of law reality, which is a system of actions of subjects of law aimed at implementing state prescriptions, objectified in the totality of individual legal acts. Axiologically, legal realization is the movement of law values from their mental awareness to embodiment in those possible models of legal interactions that are constructed by subjects and then, albeit partially, are reflected directly in legal relations. Conclusions: legal realization as a complex category includes a mental component (comprehension in legal consciousness of the content of legal norms of different levels and quality, practice of their realization in practice, choice of possible options for legal and (or) non-legal behavior due to rational and irrational factors, value preferences of subjects) and an activity component (legal actions that are consistent with the requirements of the norms positive law).

RUDN Journal of Law. 2022;26(3):541-563
pages 541-563 views

Evolution of legal understanding in Western philosophy

Zyryanov A.V., Babenko A.N.


The article is devoted to the analysis of research approaches to legal understanding in Western philosophy, starting from the ancient Greek period and ending with the second half of the 20th century. The aim of the work is to form a comprehensive understanding of the historically changing types of comprehending law (including, such areas as naturalism, moralism, traditionalism, normativism, positivism, sociologism, and realism) revealed in three aspects: formation factors, essence and criticism. The work was carried out within the framework of the modern scientific paradigm, which implies taking into account the plurality, complementarity and interdisciplinarity of approaches to the study of the surrounding world. In the context of evolution methodology, attention is drawn to the conditions of diversity, «heredity» and «mutation» of existing and existed types of philosophical views regarding the nature and essence of law. As a result of the study of the legal positions of such thinkers as Plato, Aristotle, Cicero, Thomas Aquinas, Grotius, Suarez, Pufendorf, Coke, Hale, Blackstone, Hobbes, Bentham, Kant, Austin, Kelsen, Hart, Raz, Dworkin, Fennis, Ross, and Llewellyn, an attempt was made to demonstrate the evolution of philosophical reflection on the factorial transformation of social and state reality, which contributes to “stitching of matter” of Western ideas about legal reality. The area of research implication correlates with the range of interests of scientists and professional subjects of the political and legal sphere interested in objectifying knowledge about the traditional foundations of European legal understanding, which manifest themselves in modern law enforcement practice. It can be concluded that the emergence of philosophy of law paradigms, which signifies “adaptation” to the challenges of the modern era, will ultimately determine how law and legal institutions will be understood and developed in the future.

RUDN Journal of Law. 2022;26(3):564-581
pages 564-581 views

Correlation between delegated and framework regulation in Russia and foreign countries

Dovgan X.E.


The article is aimed at studying the relationship between delegated and framework regulation based on the analysis of legal doctrine and legislation. The analysis of modern legislation indicates the modernization of the traditional foundations of legal regulation that previously existed in the state. The dynamics of social relations encourages the legislator to search for new ways of effective legal regulation. Such forms of regulation that are designed for repeated use are becoming relevant. It is determined that the main form of interaction between framework and delegated regulation is the framework legislation. The features of each type of legal regulation designate the content of its forms (sources); within the framework of delegated regulation, framework legislation acts as its element, ensuring the transfer of legislative powers. The features of “framework legislation” and its place in the system of sources of delegated regulation are in the focus.

RUDN Journal of Law. 2022;26(3):582-595
pages 582-595 views

Metaphors in law: methodological foundations for research

Yaroshchuk I.A.


Language of law and language of normative legal documents with their specific features represent scientific knowledge, designed to objectively reflect the real world; they act as an independent regulating force. The word as the main structural and semantic unit, which plays a key role in organizing the text of a normative legal act, is realized not only in its direct nominative meaning, but also as a lexical means of secondary designation - metaphor. It is noted that the attitude to metaphor and to its use in normative legal acts is ambiguous. In order to highlight and address the challenge, we analyze the history of the study of this linguistic phenomenon, and trace the shifts in scientific views on metaphor from the perspective of its functional ambiguity. As a result, the nature of metaphor and its status in the process of scientific cognition is determined, the criteria and conditions of admissibility of metaphor in the language of law are systematized. The research confirms the leading role of metaphorical mechanism in modeling the legal space of normative act.

RUDN Journal of Law. 2022;26(3):596-610
pages 596-610 views


Do constitutional principles affect self-realization of the youth?

Pevtsova E.A., Umnova-Koniukhova I.A., Aleshkova I.A.


The influence of constitutional principles on youth consciousness is a fundamental issue. Combined, constitutional and moral principles underlie behavior of young people in the society. They are of great relevance in the process of civil society formation. This paper examines the features of self-actualization of youth in Russia. We conducted a sociological survey of more than 200 students of higher educational institutions, most of them participating in the activities of youth public organizations in various areas: sports, politics, ecology, patriotic education, charity, etc. The survey showed that those who actively realized their talents and abilities and sought to express themselves in science and society were motivated by the constitutional guidelines; they were well aware of the content of legal prescriptions that specify constitutional principles. Many of the young people perceive constitutional principles as guarantees of their legal possibilities that determine the basis for their interaction with other subjects of law. Moreover, it was found that legal and moral values formed in the mind of a young person provide understanding of the content of constitutional principles and affect the behavior of a young person in the process of self-actualization.

RUDN Journal of Law. 2022;26(3):611-633
pages 611-633 views

Coordination of local authorities in Russia and Spain: comparative legal research

Komlev E.Y.


One of the consequences of the 2020 constitutional reform in Russia is introduction into Russian legislation of the «coordination» concept in relation to the public authority’s activity. So far this legal institution has not received detailed regulation. The institution of coordination of the local authorities’ activities has long been known to foreign legal orders, including Spanish legislation. Taking into account the current reform of the Russian legislation on local self-government, the author substantiates the relevance and timeliness of the study of Spanish experience in this sphere. The purpose of the article is to analyze the legal basis and nature, procedure and conditions for applying the institution of coordination of the local authorities’ activity in Russia and Spain, to determine the possibility of implementing the Spanish experience into the Russian legal order. The methodological basis of the study involves general scientific methods of analysis and synthesis, as well as comparative legal and historical methods. Russian and Spanish legislations, law enforcement practice, doctrinal approaches to the research topic have been investigated. Based on the study, the author comes to the conclusion that Spanish experience in this field is relevant for Russia. The institution of coordination in relation to the activities of local self-government bodies in Russia requires more detailed regulation. The author proposes approaches for the complex use of the institution of coordination in order to achieve an optimal balance between the elements of centralization and decentralization of public power.

RUDN Journal of Law. 2022;26(3):634-654
pages 634-654 views


Unprecedented law: protecting the Russian financial system against the impact of sanctions

Tsepova E.A.


The subject of this article is the special economic measures adopted by the Russian Federation to counter the sanctions imposed by a number of states (the United States, the United Kingdom, some EU countries) at the beginning of 2022. The article reviews the concept of “economic sanctions” and its main goals. The author analyzes the experience of sanctions against such countries as Iran, North Korea, and Venezuela, including the reasons for imposing restrictions and their economic consequences. Particular attention is paid to the economic measures imposed against Russia and their unprecedented nature. Besides, the main response measures of the Russian Federation are studied. It was proved that despite the negative consequences, the sanctions did not collapse the Russian economy, as predicted by Western leaders. The author makes conclusion concerning effectiveness and timeliness of the taken protective measures. Moreover, it was found that the sanctions led to extremely negative consequences for the financial system of the countries that imposed restrictions contrary to the ideas related to economic efficiency. This indicates the extremely destructive nature of economic sanctions as an instrument of foreign policy and economic influence.

RUDN Journal of Law. 2022;26(3):655-677
pages 655-677 views


Issues of the shipowner's liability for damage caused by oil pollution from sea-going vessels

Aleksenko A.I., Kasatkina A.S.


The article is devoted to the review and study of some issues of shipowners' liability for environmental pollution damage by oil products from sea-going vessels. Relevance of the work derives from the growing number of court cases in the Russian Federation, weak elaboration of the issue in the Russian scientific literature, and a lack of the unified law enforcement approach. The authors investigate international and national regulation, foreign and Russian law enforcement practices and come to the conclusion about necessity to bring the latter in compliance with international rules in force in the Russian Federation.

RUDN Journal of Law. 2022;26(3):678-694
pages 678-694 views


Digital disputes in the new legal reality

Rusakova E.P., Frolova E.E.


The article presents the authors’ view on the ongoing changes in the process of resolving new “digital” disputes. The authors assess the global practice of resolving digital disputes through arbitration, as well as the new form of digital rights protection - blockchain arbitration. They analyze regulation of the new procedure for the protection of digital rights in foreign practice. The authors believe that the developed foreign experience in resolving smart contracts is progressive and effective. The findings of the research can be outlined as follows: 1) for the first time, special rules for resolving digital disputes have been formulated; they have been developed in tight cooperation of lawyers and IT specialists; 2) disputes from smart contracts and blockchain were isolated into a separate form of rights protection; 3) special approaches to settling digital disputes at the stage of concluding smart contracts have been worked out; 4) the process of enhancing the procedure for resolving digital disputes is ongoing.

RUDN Journal of Law. 2022;26(3):695-704
pages 695-704 views

Priorities of federal and regional legal policy in the field of digitalization

Sokolov A.Y., Soldatkina O.L.


The relevance of the study is determined by the dynamics of social environment development and the need for the legal system to respond to the changes including digitalization of all types of communication that take place in society. The authors assert that with transformations caused by digitalization (especially in such legally and socially significant areas as lawmaking), spontaneous changes in legislation should be avoided. This principle formulated the purpose of the study - to identify the priorities of legal policy in the field of digitalization of lawmaking. To solve the tasks, the authors apply the methods of system analysis, formal logic, and synthesis. Based on the results of the study, the following conclusions have been obtained. The system of legal policy priorities allows to select the right means of its implementation, and the methodology of system analysis is well suited for prioritization. This methodology offers a scheme for optimizing legal regulation, on the basis of which the authors have identified the priorities of legal policy in the field of digitalization of lawmaking.

RUDN Journal of Law. 2022;26(3):705-724
pages 705-724 views


Review of the monograph by Andreeva, P.N. (2022) The right of the individual to insolation. Yastrebov, O.A. (ed). Moscow, Norma Publ

Krasnova I.O.


The review of the monograph “The right of the individual to insolation” assesses the content of the work based on Russian and foreign legislation, judicial practice, and doctrinal research. The contribution of the author to the modern theory of law is analyzed. The article contains proposals on research issues and critical remarks.

RUDN Journal of Law. 2022;26(3):725-730
pages 725-730 views

Review of the 10th International scientific and practical conference. Scientific publication of the international level 2022: from the present to the future

Gronic I.A.


On the 26-29th April 2022 Kutafin Moscow State Law University (MSAL, Moscow) together with the Association of Science Editors and Publishers (ASEP), Moscow, Russia, organized and held the 10th anniversary International Scientific and Practical Conference “World Class Scientific Publication - 2022: from the present to the future” (ISPC “NIMU - 2022”). About 300 Russian and foreign experts gathered at one site: official representatives of the Ministry of Science and Higher Education of Russia, Russian Academy of Sciences, CrossRef, EASE, publishers, editors of Russian and international scientific publications, scientists and researchers from leading universities, including RUDN University. The result of a four-day discussion of topical issues of maintaining high quality and ratings of Russian journals on national and world platforms of the scientific and information space was the adoption of conference resolution.

RUDN Journal of Law. 2022;26(3):731-739
pages 731-739 views

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