Vol 27, No 1 (2023)


Origin of written law

Bekbaev E.Z.


The relevance of the origin of written law issues stems from the need to address pluralism of concepts concerning law origin. Research investigates the issues of the origin of law as a set of rules of conduct fixed by the state in writing and intended for interaction of people between themselves and public authority represented by the state and other persons. In a primitive society the rules of behavior were fixed mainly in oral speech, which forced people to interact usually within the earshot of a person's voice. Oral speech could not be used for constant and everyday interaction between those groups of people who were far from each other in their camps and settlements. The written form of law and legal norms is an attributive feature of the legal system, consisting of law, legal relations and legal consciousness. The hypothesis suggests that law formation takes place in the process of establishing a written form by the state to a number of social norms of primitive society. Written law creates an additional opportunity for residents of different settlements, cities and countries to interact with each other at a distance; it contributes to centralization of state regulation in a certain territory, unification of social norms, and strengthening and expansion of state power.

RUDN Journal of Law. 2023;27(1):7-20
pages 7-20 views

Legal regulation of additive technologies in modern biomedicine

Romanovskaya O.V., Romanovskiy G.B.


Research reveals the legal problems that arise due to the rapid pace of development of additive technologies (3D printing) in biomedicine (bioprinting). The purpose of the research is to analyze the legislation that defines the legal regime of additive technologies, identify the main gaps in regulation, carry out a comparative legal study, which allows to formulate recommendations to improve Russian legislation. Special strategies are used as an object of comparative research; they contribute to fix the priority development of 3D printing. The employed methods are as follows: the method of analysis of legal regulation, comparative legal and formal legal. Results. Attention is paid to the main trends and risks of progress in this direction, which are reflected in decentralization of production; improving its efficiency and reducing waste; reduction of development time and their introduction into mass production with a simultaneous rise in quality of the finished product; expanding the population's access to material goods; minimizing the state control. Particular attention is paid to the legal assessment of the applicability of bioprinting in transplantology, the manufacture of implants, surgical planning, and the use of printed organs for experiments. Conclusions: when adjusting the legal framework, institutional readiness should be taken into account - the ability of the entire Russian healthcare system to use additive technologies properly (which will require significant changes in healthcare legislation). An independent direction is the use of bioprinting in the testing of drugs. 3D printing creates small organ-like structures (they are called organoids) on which experiments can be carried out for the screening of pharmaceuticals. This will require changes in the legal regime for the circulation of medicines, as well as the main functions of the state regulator (the Russian Ministry of Health and Roszdravnadzor). It is noted that additive technologies make it possible to manufacture medicines, but world experience indicates a cautious attitude towards this type of production. Research argues for the need to follow a risk-based approach in the legal regulation of bioprinting, as well as to introduce the general approach of Hospital Exemption (pharmaceutical exclusion) used in the countries of the European Union, as well as some other countries aimed at the development of regenerative medicine.

RUDN Journal of Law. 2023;27(1):21-40
pages 21-40 views

Personal inviolability as an intersectoral category of law

Nikitina V.S.


The concept of inviolability of the person is considered as a complex intersectoral category in modern legal regulation. The research studies the provisions of normative legal acts and scientific works devoted to the concept of inviolability and its relationship with other concepts of similar meaning and suggests a comprehensive definition to the inviolability of the individual concept, which, in addition to the personal life of an individual, includes intangible objects directly related to the development of this individual. Also, a detailed distinction is made between inviolability and the concept of immunity. The purpose of the author is to substantiate the need to study the concept of inviolability from the point of view of all branches of law and pay attention to the peculiarities of regulating the inviolability of the person in each of the areas of law, as well as to analyze the guarantees and mechanisms for its ensuring, its non-absolute nature and the limits of its implementation. The study was carried out with the help of the general scientific and private scientific methods, including analysis and generalization of legislation and scientific works of domestic and foreign authors, comparative law and formal legal methods. Based on the studied material, a comprehensive definition of personal inviolability is suggested and its regulation in constitutional, international, civil, administrative, criminal and procedural law, as well as in the recently formed information and digital law, is analyzed.

RUDN Journal of Law. 2023;27(1):41-53
pages 41-53 views


Russian Constitutional Court jurisprudence of tax fairness

Ryabova E.V.


Public finance is subject to the principle of fairness, which has a vague character and rarely finds an appropriate reflection in law. Supreme Courts and Constitutional Courts of different countries may refer to this principle and disclose the content of fairness in public finance processes. The scope of the article includes legal establishment and realization of the principle of fairness in contemporary Russian tax law. The author investigates this issue mainly considering the Constitutional Court’s legal positions. The Russian Constitutional Court actively refers to the principle of fairness to resolve disputes in taxation. The analysis of Constitutional Court judgements shows that the content of the principle of fairness for tax purposes depends upon a type of public fee. In some cases, the Court uses the principle of fairness in a broader legal meaning and does not interpret fairness for tax purposes using the vaguest terms and words for arguments. In other cases, the Court may use a more specific and narrow meaning of the principle of fairness in cases on imposition of tax and/or tax liability (tax fairness).

RUDN Journal of Law. 2023;27(1):54-75
pages 54-75 views

Constitutional foundations of cross-border digital healthcare

Akimtseva Y.V.


The purpose of the research is to look at the issues of legal regulation of information healthcare, consider the positive experience of international legal regulation to overcome legal gaps in digital healthcare, improve the quality of life of the population and the systemic functioning of information biomedicine based on the principles of mutually beneficial cooperation between Russia and foreign countries. It examines the historical aspects and modern trends of cross-border digital healthcare in accordance with international standards, positive and negative consequences of the information biomedicine impact on basic constitutional human rights and freedoms. The research analyzes national and international legislation, the main directions of constitutional regulation of digital biomedicine and proposes to create an effective mechanism for implementing national legislation on digital healthcare, based on the positive experience of international legal regulation and protection of basic constitutional human rights in order to prevent the use of ethically unacceptable methods. The following scientific methods have been applied in the research: theoretical, historical, empirical, classification and comparative legal analysis. The study identified the urgent need for holistic approach to transnational digital healthcare, characterized by integration of law and biomedicine, and constitutional regulation of the biomedical research approbation. It is worth mentioning that the practical research activities of medical professionals and lawyers are interrelated and require constant interaction and analysis of biomedical results and their legal justification. Therefore, the function of law is to regulate the limits of human intervention in information biotechnologies, identify and exclude all possible risks of approbation of scientific research and their results in the sphere of digital healthcare. The author believes that development of information biomedicine involves interplay of various spheres of knowledge based on scientific synergy of medical, legal, and ethical aspects, integration of interrelated legal and non-legal sciences. Given the importance of integrating the constitutional foundations of cross-border digital healthcare, the author proposes to create a single extraterritorial Concept of Transnational eHealth. It is essential to consider international experience in order to ensure proper protection of human rights in the sphere of information healthcare.

RUDN Journal of Law. 2023;27(1):76-96
pages 76-96 views


The Constitutionalization of information security in Russian Law: improving the theoretical model

Gavrilova Y.A.


Research discusses one of the constitutional amendments of 2020. In accordance with the new version of paragraph “m” of Part 1 of Article 71 of the Constitution of the Russian Federation, the exclusive powers of the Russian Federation include issues of ensuring the security of the individual, society and the state when applying information technologies, and digital data turnover. The consolidation of the problem of information security at the constitutional level determines the need for a partial modernization of its theoretical model. Modification and revision of some of its components will lead to higher effectiveness of constitutional regulation and improve the quality of application of industry legislation in the field of information technology and information protection. The purpose of the research is to investigate the main directions of enhancing the theoretical model of information security in terms of constitutional changes. The employed research methods are formal-legal, logical, system, statistical, structural-functional, modeling, and forecasting. The outcome of the study can be outlined as follows. The research clarifies the concept of information security, proposes to generalize the range of basic subjects of public relations related to information security, expand their rights and obligations, highlight the constitutional and sectoral legal regimes of information protection, and strengthen responsibility for offenses in the information sphere. In conclusion the study argues that updating the theoretical model of information security of the Russian Federation should be carried out in the following key areas: firstly, developing information security targets expressed in strategic and program documents of the state; secondly, clarifying classification of information security threats; thirdly, expanding legal regulation density; fourth, strengthening the law-enforcement mechanisms of information security; fifth, establising and maintening optimal balance between legal, technical and ethical regulation of information technologies, primarily digital technologies; and finally, definiing acceptable and unacceptable boundaries of application of information technology and digital data in people's lives.

RUDN Journal of Law. 2023;27(1):97-116
pages 97-116 views

Legal support for digitalization of art

Mikhaliova T.N.


The relevance of digital art and digitalization of art, as a more general category, reflecting the modern technological approach to this sphere of human activity, is manifested in mainstreaming of legal regulation of various aspects of digital technologies impact on the sphere of creativity and their inclusion in the legislative agenda. The article reveals the legal features of digitalization of art at the present stage. It examines the main areas of digitalization of art and legal means to ensure their support. The broad and narrow approaches to the concept of “digital art” have been outlined. The issues of defining intellectual property rights for the results of creativity (works) produced with artificial intelligence and increasing access to works of art and cultural objects in the digital age have been analyzed. The paper applies interdisciplinary approach, methods of analysis and synthesis, abstraction as well as formal-legal and comparative-legal methods. Based on the analysis the author forms the concept of three determinative directions which enable complex processes of combination of creativity and technologies in an integrated way of “development”, “circulation” and “distributed security” of art.

RUDN Journal of Law. 2023;27(1):117-134
pages 117-134 views

Theoretical aspects of identyifying legal personality of artificial intelligence: cross-national analysis of the laws of foreign countries

Musina K.S.


Research analyzes the issues of determining the legal status of artificial intellect. As artificial intellect (AI) systems become more sophisticated and play an increasingly important role in society, the arguments that they should have some form of legal personality are becoming increasingly relevant. The research argues that most legal systems could create a new category of legal persons. The issues of innovative trends in law enforcement practice are also in the focus as well as the issues of establishing general provisions on liability for criminal acts committed due to technical failures of artificial intelligence without the presence of anthropogenic participation and intervention. The article presents the results of the relevance of philosophical-legal and ontological analysis not only to a state, but also to the prospective future modifications of artificial intelligence. It outlines the results of a comparative analysis of the laws regulating artificial intelligence in a number of foreign countries along with the results of a retrospective analysis of some historical stages in the development of legal regulation of artificial intelligence.

RUDN Journal of Law. 2023;27(1):135-147
pages 135-147 views

Civil and Arbitration Process

Blockchain, metaverses and NFT in civil procedure and arbitration in Russia, China and USA

Ermakova E.P.


The research is devoted to the study of new technologies - blockchain, metaverse and NFT - in civil procedure and arbitration in Russia, China and USA. The author analyzes the basic concepts and characteristics of the above technologies and gives examples of their use in judicial practice. Recent US judicial precedents (2021 and 2022), which consolidate the possibility of using blockchain and NFT technologies in court proceedings are looked at. The research aims at shaping the idea of possible application of blockchain, metaverse and NFT technologies in civil proceedings; it is based on the analysis of regulations, judicial practice of Russia, foreign countries, and scientific sources. The employed methodology is empirical methods of comparison, description, and interpretation, theoretical methods of formal and dialectical logic. Private scientific methods include legal-dogmatic method and interpretation of legal norms. The outcome of the research shows that blockchain and NFT technologies have become an effective tool used by the courts of USA and China in the analysis of electronic evidence and some other procedural actions including notification of an unknown defendant through a non-interchangeable token (NFT). The research came to the following conclusions. Blockchain transactions are often called anonymous or at least pseudonymous, but this is not the case. The issue of blockchain anonymity has been raised in several cases heard by US courts. The blockchain analysis of tools industry has allowed the court and the parties to the dispute to analyze transactions on the blockchain and in many cases trace them to an identifiable user, even if such users have taken steps to conceal their identity. It is essential to refer to the US courts experience allowing private companies to conduct Technology Assisted Review (TAR).

RUDN Journal of Law. 2023;27(1):148-165
pages 148-165 views


Forms of implementation of corporate rights of the members of commercial corporations: history, current contradictions and development prospects

Samoilov I.A.


The purpose of the study is to identify problems arising from the discrepancy between the norms of the current corporate legislation, whose basic principles were laid down during the development of the industrial type of economic development, and the current stage, characterized by the active development of the post-industrial type of economy. The subject of the study is the forms of realization of the corporate rights of members in commercial corporations, and, above all, business entities. The research employs the following scientific methods of analysis: historical analysis of the influence of economic development factors (types of activity, scale of activity, significant resources) on the forms of exercising corporate rights of corporation members and analysis of correspondence of modern forms of realization of corporate rights to the system of interests of the members of post-industrial types of corporations at the modern stage of economic development. The research results. In the traditional economy of the industrial type, the main significant resource is non-current tangible and current assets. Today their cost estimate determines the volume of corporate rights. In the post-industrial economy, non-current intangible assets become the main significant resource; their evaluation seems to be problematic in a significant number of cases. The research reveals the problems of inconsistency of modern forms of realization of corporate rights of members in the post-industrial corporations with the system of interests of members - carriers of a creative resource (ideas, professional knowledge, etc.) - in such corporations. Practical implementation of the research outcome is realized in suggestions and recommendations that can be applied both in the field of improving corporate legislation and legal support of commercial corporations’ activities. Among other things, a forecast of trends in the development of corporate legislation in terms of implementation of corporate rights has been worked out.

RUDN Journal of Law. 2023;27(1):166-180
pages 166-180 views

Transformation of corporate law: quasi-corporate and quasi-public structures

Novikova O.V.


The purpose of the research is to study certain aspects of transformation of corporate relations and corporate law, in the light of blurring of company boundaries and development of digital communications and startup culture. The results and conclusions are obtained based on general scientific and private scientific methods of research. Research studies examples of quasi-corporate and quasi-public structures created through (1) deferred share transfer agreements (SAFE), (2) crowdfunding agreements, (3) public market intermediary companies (SPAC), (4) exchanges for private companies. With the emergence of cross-border hybrid corporate structures at intersection of debt and equity, public and private financing, the current debates on the objectives of corporate law and the purpose of the corporation acquire a new perspective, as the very boundaries of the corporation become fluid. At the same time, decision-making procedures are mediated by third parties and digital technologies, with the prospect of conflict of interest, and are regulated, among other things, by standards emerging so to say from below. In the digital era, flexibility in the choice of elements of the structure allows to detach from the current state corporate regulation and attach to it in the right place and at the right time. It is concluded that the explosive growth of hybrid structures forms new areas of development of legal regulation by rejecting the dichotomy of soft and hard law. Among the vectors of transformation, the growing importance of private law unifications, the development of theoretical apparatus based on the concept of transnational law, the emergence of its subsystems, including lex corporatoria are noted. Among the tasks of lex corporatoria the formation of standards and customs in the field of corporate finance is also postulated as a regulatory framework for functioning of the hybrid structures under study.

RUDN Journal of Law. 2023;27(1):181-199
pages 181-199 views


Punishment as an object of scientific research: challenges and prospects

Kuzmin I.A.


Is devoted to the study of the legal phenomenon of punishment from the perspective of the general theory of law. It argues the need for an integrated approach to identifying the most important characteristics of punishment, considering its historical roots, etymology of the term and development trends. Relying on dialectical methodology, the author examines the prerequisites for the formation of the social institution of punishment, starting with the emergence of the first taboo and/or prohibitions. The conclusion determines the universal nature of the phenomenon of punishment, which applies to any negative sanctions implemented as measures of legal responsibility in both public and private law. The work substantiates an increased relevance of the issue of adequate understanding of legal punishment in national and international law. Three groups of interaction of punishment with other legal phenomena (means) are differentiated; they are interaction with similar phenomena that include punishment (group 1), interaction with phenomena that functionally contribute to the consolidation and implementation of punishment (group 2) and interaction with phenomena that have an auxiliary effect on consolidation and implementation of punishment (group 3). The lack of consistency (unified strategy) in law-making and law enforcement decisions in relation to the system of punishments and its dynamics have been demonstrated. The institutional features of the system of punishments in the Russian Federation, subject to a general theoretical analysis, have been determined. Approaches to the definition of the legal meaning of impunity as an independent category of jurisprudence are considered. The author gives his point of view on the issue of the forms and content of impunity and substantiates the need for its further study. In addition to domestic and foreign doctrinal and reference publications, the provisions of international legal acts, national legislation and materials of judicial practice are used as a source base. The author formulates proposals regarding the directions for further research of the category punishment in the general theory of law.

RUDN Journal of Law. 2023;27(1):200-220
pages 200-220 views

Features of the experience of Kazakhstan and Belarus in the implementation of the concept of a unified body of preliminary investigation

Babich N.V.


Formulation and consideration of various issues related to the improvement of the investigative apparatus of Russia are in the constant attention of representatives of legal science. The current state concept and the practical model of the country's investigative apparatus built on its basis require significant improvement in order to resolve existing organizational and procedural challenges. The purpose of the research is to identify and analyze the stages of construction, the positive and negative aspects of organization and activities of single and independent agencies of preliminary investigation in foreign countries, as well as the genesis and trends of their development. Based on the results obtained, the study formulates proposals for improving the investigative apparatus of the country regarding the Investigative Committee of Russia. To achieve this goal, the research explores the experience of organizing unified and independent preliminary investigation agencies in the countries of the former USSR and the West. All the results and conclusions were obtained using general scientific methods of scientific research: dialectical, logical, systemic, as well as private scientific and special such as comparative legal, formal legal, statistical, interpretation and a number of others. The author comes to the conclusion that organization and activities of the Investigative Committees of Russia and Belarus are basically similar, but there are some positions that differ significantly. Negative experience of building a unified and independent investigative committee was demonstrated in the Republic of Kazakhstan. The reason was insufficient attention paid to preparations on the part of the leadership to creation of such an agency. Thus, combination of functions of inquiry, operational-search, investigative, statistics and expert, as well as transfer of some of the important and inalienable powers of the prosecutor's office when creating such a law enforcement agency is unacceptable.

RUDN Journal of Law. 2023;27(1):221-239
pages 221-239 views


Topical issues of regulation of land and property relations in the implementation of production and economic activities of companies in the fuel and energy complex: review of panel discussion

Zinkovsky S.B.


The article suggests an overview of the round table organized on June 22, 2022 by Gazprom Energo LLC jointly by the Peoples' Friendship University of Russia with the support of the State University of Land with active participation of Rosreestr and the Federal Tax Service of Russia on topical issues of regulation of land and property relations in implementing production and economic activities of companies in the fuel and energy complex. In this regard, the organizers proposed to discuss the prospects for legislative support of land management and cadastral activities, topical issues of establishing restrictions and encumbrances of land within the framework of production and economic activities of enterprises of the fuel and energy complex, practical aspects of involving ownerless objects in the economic turnover power grid complex and heat supply facilities, the possibilities of optimizing land payments and real estate taxation.

RUDN Journal of Law. 2023;27(1):240-247
pages 240-247 views
pages 248-249 views

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