Vol 27, No 3 (2023)


International legal regulation of the circulation of dual-use biotechnologies

Abashidze A.K., Malichenko V.S.


The COVID-19 pandemic has demonstrated the vulnerability of each country, regardless of the economic well-being and health system development, highlighting the need for further rethinking of the global security and human security concepts. The need to sustain the spread of infectious diseases, as well as the treatment of life-threatening diseases, determine the relevance of scientific research on all key aspects related to the development of technologies, both by states and non-state actors. In view of the efforts made over the past decades, significant advances have been made in the field of biotechnology, which allows to detect the vulnerability of viruses, as well as to influence the genes responsible for the development of diseases. Such trends not only contribute to ensuring the human right to health and the right to enjoy the benefits of scientific progress, but also bring humanity closer to executing Sustainable Development Goals. The reverse side of the scientific research increase is the expansion of the availability of scientific data, as well as the simplification of the reproduction of various technological solutions, which leads to the risk of their use for military and terrorist purposes. The development of technologies, the use of which can not only counteract life-threatening diseases, but also create new threats to human security, has influenced the formation of the term “dual-use technologies” in the scientific literature and documents of international organizations. The article presents a systematic analysis of biotechnologies impact on the formation of “human security” concept, as well as the definition of “biological security” concept. The authors consistently consider international treaties, as well as documents of international intergovernmental organizations and non-governmental organizations in the field of regulating the circulation of technologies that pose a threat to state security. Special attention is paid to the consideration of the features of control over the spread of biological agents in the context of the activities of the European Union, as well as ensuring the implementation of the national security strategy of the Russian Federation.

RUDN Journal of Law. 2023;27(3):541-563
pages 541-563 views

Telemedicine and experimental legal regimes in the field of healthcare: problems and prospects for implementation

Davydova M.L.


In connection with the adoption of Federal Law No. 258-FZ of July 31, 2020 “On experimental legal regimes in the field of digital innovation in the Russian Federation,” a number of initiatives have been developed to establish experimental legal regimes in the field of telemedicine. The idea of using digital technologies in medicine is certainly relevant. On the one hand, the prospect of remotely receiving medical services is practically in demand; on the other, the level of technology development currently allows for a significant expansion of their implementation. The need to turn to the institution of an experimental legal regime is due to the fact that the current legislation contains norms that seriously complicate the process of widespread dissemination of telemedicine services.The purpose of the study is to reveal the theoretical characteristics of the concept of telemedicine and its current state, to identify legal obstacles to its development, to conduct a comparative analysis of existing draft programs of experimental regimes, to assess the problems and prospects for the development of telemedicine technologies in modern Russian practice. The study is based on domestic and foreign scientific sources of both legal and medical nature, as well as current and projected legal acts in the field of medical services, digital technologies, and personal data protection. Formal-legal, comparative-legal, statistical, and prognostic methods are used. Several problems that require a conceptual solution, including the issue of the safety of personal data and the issue of responsibility for a medical error resulting from the use of artificial intelligence technology or a technical device have been identified. Both are unlikely to be completely resolved at the current level of legal regulation and technological development. This, however, only confirms the need to introduce appropriate experimental regimes in order to use the accumulated empirical material to find solutions to existing and abstractly predictable problems.

RUDN Journal of Law. 2023;27(3):564-582
pages 564-582 views

Methodological directions of Latin American legal science

Rafalyuk E.E.


The methodology of legal science in Latin America has common features with the global trends in the development of the methodology of legal research; at the same time, there are features of the development of legal thought and legal understanding that have a cultural and historical nature. The purpose of the study is to consider certain areas of the methodology of Latin American legal science. Philosophical and legal thought in Latin America develops within the framework of jusnaturalism and positivism and various variants of these theories. Latin American legal science is characterized by an appeal to customary Indian law, and its elements are included in the current legal systems of Latin American countries (legal pluralism). In the focus of the Latin American legal doctrine, law appears as a social phenomenon, a cultural phenomenon and part of social philosophy. The development of information technologies, their introduction into lawmaking and legal proceedings, the creation of machine-readable law raises the question of further ways of developing law and legal thought in two areas - technical improvement and traditional reflection on social processes in the humanitarian science.

RUDN Journal of Law. 2023;27(3):583-594
pages 583-594 views


The oath at the adoption of the Russian allegiance / citizenship: traditions and novelties

Pochekaev R.Y., Tarasov N.V.


Inclusion of the clause on the oath at naturalization in the Federal Law “On Citizenship of the Russian Federation” in 2017 makes understanding of historical experience of such an institution in Russia in the past, relevant. The paper is an attempt of comparative legal study of the modern institution of the oath at naturalization and similar institutions that existed in the Ancient Rus’, Moscow state, Russian Empire. It is emphasized that for a long time the institution of the oath was not formaly established; however, it was established at first in relation to natives of Eastern countries, while the oath of Europeans who accepted a Russian citizenship was not regulated in form and content. Authors raise the question to what extent the historical traditions of our country were taken into account in the development of the modern oath of Russian citizenship. To answer this question, the basic elements of the institution of the oath including terms of adjuration, ceremonial, content and legal formalization have been examined. The study is mainly based on the formal-legal, historical-legal and comparative-legal methods.

RUDN Journal of Law. 2023;27(3):595-608
pages 595-608 views

Costruction of the judicial defense speech: based on the material of court speeches by Y.S. Kiselev

Baisheva Z.V.


The construction of a public speech is one of the most important components of creating a convincing oratorical performance. Despite the constant interest of researchers in the challenges of constructing a court speech, the arrangement of structural elements, the issue remains unresolved in practical aspect: modern court speakers need recommendations that would contribute to creating effective defense statements. The purpose of this research is to analyze the composition of successful court speeches of the famous Soviet lawyer Y.S. Kiselev, aimed at identifying the features of arrangement of the material, factors that condition this or that disposition, and on this basis to identify various options for the arrangement of content elements contributing to the creation of a convincing speech. Using the method of compositional analysis, as well as rhetorical analysis, descriptive and structural methods, we investigate thirteen effective judicial defense speeches by Y.S. Kiselev. Having analyzed the types of introductions used by him, we have established a high degree of viability of using hyped up or unexpected beginning, as well as conditionality of the choice of the type of introduction by the prosecutor, readiness of the audience to perceive the defense speech, and attitude of the audience to the circumstances of the case. The analysis of the main part of Kiselev’s speeches allows to identify the micro themes presented in all his defense statements, as well as conditionality of a number of micro themes by the circumstances of the case, the arguments of the prosecution, and the chosen line of defense. The conclusion reveals structural elements in all the speeches of the well-known lawyer under study: a clearly expressed position of the defense in the case, a pathetic and educational moment, and an appeal to the court for leniency or acquittal of the defendant. In general, the construction of the defense speech is conditioned by the circumstances of the case, the position of the prosecution, the chosen line of defense, the specifics of the audience, as well as the moral qualities, erudition and communicative skills of the speaker.

RUDN Journal of Law. 2023;27(3):609-625
pages 609-625 views

Administrative and territorial changes in Kalmyk steppe of Astrakhan oblast in the late XIX-early XX centuries

Komandzhaev E.A.


The relevance of this issue is caused by its understudied nature: in a small number of works there are only fragmentary notes about the landmark events of the government policy in Kalmyk uluses of Astrakhan oblast in the late 19th - early 20th century: the management transfer of Kalmyk uluses to the Ministry of Internal Affairs and the administrative reform of 1910. The influence of the reform of 1892 in Kalmykia on changes in the management system is in the focus. The issue is also actualized by the necessity to attract new and varied record-keeping sources. The purpose of the work is quite specific: to present a detailed description of administrative-territorial changes in Kalmyk steppe on the basis of a wide range of archival records, which we are introduced into scientific circulation for the first time. The study is based on the application of culture and civilization and interdisciplinary approaches, which, combined with the principles of historicism, system analysis and objectivity, allows to create a reliable picture of administrative and territorial transformations in a specific region with a traditional way of life. The content of the administrative and territorial policy in Kalmyk uluses was the "routine" activity of the administration, self-government bodies and officials in initiating, preparing and making decisions. The completed milestone events were the reform of 1892, the transfer of Kalmyk administration to the jurisdiction of the Ministry of Internal Affairs and the administrative reform of 1910. During the period under study, the government tried to carry out administrative and territorial transformations in Kalmyk uluses as an important part of the general, including social and land, reorganization of Kalmyk society. However, this large-scale plan was only partially implemented due to stability of the civilizational and cultural features of Kalmyk society. The government was forced to limit itself to some streamlining of the activities of local governments, transferring the administration of the Kalmyks to the jurisdiction of the Ministry of Internal Affairs, creating zargos (courts) in all uluses, and enlarging Kalmyk aimaks and khotons by the 1910 reform.

RUDN Journal of Law. 2023;27(3):626-648
pages 626-648 views


Electronic Voting Technologies in Elections: Russian and Foreign Experience

Gadzhieva A.O.


The study explores the Russian and international experience of using such forms of electronic voting in elections as with the help of a special device (complex) for electronic voting at a polling station (in a voting room, or another specially defined place), and remote electronic voting through a personal computer or a mobile device. The article analyzes the circumstances and conditions that contribute to the development and consolidation of electronic voting in the country's legislation, or, conversely, the conditions that lead to suspension or even rejecting electronic technologies from the electoral process at the state level. Up-to-date information on the use of electronic technologies in the elections has been examined. The stages, problems, and difficulties of introducing electronic voting technologies in elections, as well as directions for further improvement of electronic voting in countries that have chosen the path of long-term development of digitalization of the electoral process are highlighted. In the early 2000s, many countries of the world gained experience in the practical use of electronic technologies in elections. However, the scientific and technological achievements so far did not provide the necessary degree of voters' confidence in the security of the electronic voting system or any reliable result. The prejudice towards electronic voting technologies, as well as high-cost modern electronic systems for implementation, persist in many countries to this day. This is an objective obstacle to the widespread use of electronic technologies in the electoral process. At the same time, the experience of remote electronic voting in Russia and Estonia, the fragmentary inclusion of electronic voting in electoral procedures in a number of other countries, and the widespread use of electronic voting complexes show that electronic technologies in elections are already a reality.

RUDN Journal of Law. 2023;27(3):649-669
pages 649-669 views

The levels of information objectification in the context of legal protection ability

Odintsov S.V., Lazareva E.A.


The subject of the study is the essential content and interpretation of the essence of “information”, its symbolic metaphysics. The emphasis is on the sign-symbolic level of perception of information, as well as its meaning (significance) of the sequence in the subsequent interpretation of information. Special attention is paid to the analysis of the concept of “information”. including as a result of intellectual activity. Also discusses the legal mechanisms that are designed to regulate such a multi-border phenomenon as “information”. The conclusions are formulated that due to the original immaterial (ideal) nature of information, including for the purpose of its perception, it is inextricably linked with the corresponding material (physical) carrier, which acts as a form for its objectification, thereby the form and content of information are inextricably linked within the framework of the regulation of the information exchange process. Based on the research carried out, the authors define and substantiate the concept of systematization of legal regimes of information, which is based on the levels of its objectification.

RUDN Journal of Law. 2023;27(3):670-685
pages 670-685 views


Modeling approaches to AI integration into public relations in Russia as per comparative research of foreign countries’ experience

Atabekov A.R.


Artificial intelligence (AI) technologies are one of the most significant solutions that can fundamentally change both public relations and the sphere of public legal relations. The goal of the present research is to conduct a comparative analysis of existing approaches to the AI integration into the sphere of public legal relations of foreign countries and Russia, with the subsequent determination of the most effective constructive approaches to the formation of a regulatory policy regarding AI in Russia. This goal is achieved through the study of the following issues: Strategic goal-setting in relation to AI in Russia and other countries; Tactical implementation of AI integration into public legal relations and possible solutions in order to ensure AI decision-making transparency; Model compensatory measures that ensure AI safe integration into public relations in Russia. The object of the study comprises regulatory sources, strategies, and other documents regulating the AI integration into the sphere of public legal relations in Russia and foreign countries, judicial practice examples, and academic publications on the issues under study. The research methodology incorporates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutic, comparative legal, formal legal (dogmatic), legal modeling methods, and some others. The present research lays special emphasis on the implementation of a comparative legal study of the approaches to and regulation of AI in the public sphere regarding various states experience. The general scientific dialectical method has made it possible to consider the AI position in the legal field from the point of view of the AI regulation variability and trends in the subsequent development thereof, and to substantiate the advantages and disadvantages of various approaches to solve the respective issues, as well. Additional emphasis is also laid on addressing the issues of the applied nature of the AI use in the field of public relations in Russia, taking into account the legal modeling and development of compensatory measures within the authorities’ regulatory approaches.

RUDN Journal of Law. 2023;27(3):686-699
pages 686-699 views

Impact of the state tax and legal policy on the development of the institution of tax liability in the conditions of digitalization

Lyutova O.I.


The study examines the development of the content of the institution of tax liability in the economy digitalization context as a result of implementation of relevant measures of state tax policy. The purpose of the study is to analyze the totality of program documents, as well as regulatory legal acts of the Russian Federation focused on those areas of tax policy that are related to tax liability as a backbone institution of tax law, studied in the context of its digital transformation. Such study is valuable in terms of identifying the main directions (trends) of tax and legal policy as fundamental principles of tax liability institution in the context of introduction and use of digital technologies. This naturally updates the discussion on the issue of defining the concept and establishing the content of the category tax policy, including from the point of view of classifying a wide range of tax policy sources. At present, the main goal of implementing tax policy is to provide tax preferences to businesses, including through the abolition of certain tax obligations or simplification of the procedure for their implementation. Further measures of tax policy in relation to the tax liability institution may be formulated as follows: transferring the tax burden from taxpaying organizations to individuals and increasing the number of tax benefits whose implementation becomes possible with the use of digital technologies.

RUDN Journal of Law. 2023;27(3):700-714
pages 700-714 views


Forms of legal regulatory framework in the labor law of Russia

Dovgan X.E.


The study is devoted to the legal regulatory framework and its forms of manifestation. The material is based on the analysis of certain provisions of labor legislation. Labor legislation is the joint jurisdiction of the Russian Federation and its constituent entities and combines simultaneously several levels of legal regulation, namely federal, regional, local and others. Further research of the theory of framework legal regulation involves an analysis of the forms of its manifestation in particular branches of law. Legal regulatory framework is built on the legal norms that set certain limits of legal regulation, while their specification depends on the discretion of the law enforcer. In labor legislation, there are norms of different degrees of certainty. The logical constructions of individual legal norms of labor legislation are characterized by certain uncertainty. Legal uncertainty provides for the right to the subjects of legal relationship or the law enforcer to act at their own discretion. It seems relevant to investigate the properties of relatively determinate norms of labor legislation, and to analyze the specifics of the legal regulatory framework mechanism, based on the analysis of judicial practice.

RUDN Journal of Law. 2023;27(3):715-730
pages 715-730 views

The emotional sphere of an employee as an object of legal protection

Kursova O.A.


The issue of protecting the emotional sphere of an employee in the structure of personal non-property rights in the science of labor law has not yet been subjected to a separate scientific analysis, but now it is being updated more than ever. This is primarily due to the fact that in the modern information society, in the conditions of service economy, when the usual way of labor relations, inherent in the era of industrial labor, is changing, the problem of determining the boundaries of the employer's power over the employee again comes to the fore. Only now these boundaries need to be set, taking into account not only physical, but also psycho-emotional professional risks. The article attempts to substantiate the category of "emotional" rights of an employee as the main object of protection in the structure of the employee's personal non-property rights. The analysis of scientific literature, normative regulation and law enforcement practice on the issues under study shows that the universal recognition of the importance of personal non-property rights does not ensure the effectiveness of their legal protection, which in turn is associated with the uncertainty of the object of protection of personal non-property labor rights. On this basis, it is proposed to specify and clarify the object of legal protection in the construction of personal non-property labor rights, which, from the point of view of the author, includes the psycho-emotional sphere of the employee. This approach allows to define the mechanism of legal protection of personal non-property labor rights in a more constructive way.

RUDN Journal of Law. 2023;27(3):731-747
pages 731-747 views

The control over compliance with contractual preemptive rights

Ulyanov A.V.


The article focuses on the conditions and grounds for conducting the formal preliminary legal due diligence of a contract as to respect of the preemptive right, which had been granted by one of the parties to a stranger under an agreement. This legal due diligence may be hypothetically examined during state registration of rights or notarization of transactions. According to theory of law, reasons to do thus are scientific concepts of the general duty not to interfere with others' plans. Such plans may include an agreement under the terms of which one of the parties gets a preemptive right in relation to certain property. This contractual right ensures the entitled party that he/she may preclude the legal implications of agreements between the other party and the strangers (interveners). If these persons knew or should have known of the preemptive right and entered into an agreement, which is inconsistent with that right, such agreement shall be considered as invalid and therefore cannot be notarized and cannot be subject to state registration

RUDN Journal of Law. 2023;27(3):748-764
pages 748-764 views

Qualification of private divorce in private international law of Germany

Tarikanov D.V.


The private divorce is such a dissolution of marriage that does not require the participation of the state. The examples are the Islamic talaq in its original concept still existing in some Arabic countries, the customary divorces in some countries of Sub-Saharan Africa as well as, according to the prevailing opinion in Germany, the divorce by mutual consent in the Far-East countries (Japan, Thailand, South Korea). The problem of classifying a divorce in the situation when European legal order raises the question of its recognition is generated by the fact that there is a conflict method for assessing the validity of transactions made abroad in classical private international law, on the one hand, and, on the other hand, the divorce in the European legal orders is the public instrument which is performed by the state or at least by its active participation so that for the purpose of recognition it is submitted to the special procedure of recognition and enforcement of foreign judgments. Private international law of Germany is a unique case of dual classification of the foreign private divorce both as a public instrument (on the ground of fiction) and as a legal transaction according to the purpose of classification. To apply the procedure of recognizing foreign private divorce in Germany, such a divorce is equated to the foreign public instrument. To determine the scope of verification, such a divorce is regarded as a legal transaction and submitted to the conflict of laws-approach, not to the approach of procedural recognition.

RUDN Journal of Law. 2023;27(3):765-784
pages 765-784 views


COVID-19 pandemic: legal, criminological, health and social aspects

Klebanov L.R., Polubinskaya S.V.


This study considers the impact of the COVID-19 pandemic - announced by the WHO in March 2020 - on law enforcement, crime, and mental health of population, including vulnerable groups (children and adolescents, prisoners, health care workers). The authors use an interdisciplinary research approach, including comparative legal, historical, and formal-legal methods. Anti-epidemic measures aimed at curbing the global spread of the virus and interrupting its transmission routes are described on examples from several countries. The legal basis for such measures consists mainly of legal acts of executive authorities and decisions of local authorities, taken in accordance with national laws in the field of prevention and control of infectious diseases and response to emergencies. The authors discuss in detail the legal instruments used in countering the pandemic in the Russian Federation, including changes and amendments to the legislation on administrative offences and criminal law. The global crisis caused by the pandemic offers examples of effective actions taken by states, but also shows weaknesses in the organization of health care, including functioning of health care workers “on the front line” of fight against the pandemic. The international system for responding to dangerous infections has also underperformed, prompting discussions on the need for an international legal instrument to combat pandemics. Empirical studies have found that the pandemic, combined with restrictive measures, led to increased levels of stress, anxiety and depression, alcohol and other psychoactive substances use among the population, gave rise to new types of illigal behavior and negative dynamics in a number of already known criminal offenses. Therefore, criminologists need to pay attention to changes in the structure and dynamics of crime, conditions that contribute to them, as well as new factors of victimhood.

RUDN Journal of Law. 2023;27(3):785-804
pages 785-804 views

Information and digital technologies in jury trial of criminal cases in Russia

Petrikina A.A., Borodinova T.G., Gubko I.V.


It is difficult to overestimate the role of the institution of jurors in criminal procedural law, since due to its existence the possibility of people's participation in the justice process is realized. The process of forming the jury bench and their direct participation in criminal cases in practice is possible with the use of various information technologies. In the rapidly changing socio-political situation in society, the participation of representatives of the people in administaring justice is impossible without modern information and digital technologies. The expansion of the scope of jury activities and extension of their competence to the categories of criminal cases under the jurisdiction of not only regional, but also district level, predetermined the study and analysis of problems arising in the formation of the jury panel and organization of their activities in the trial in the traditional and remote format as the purpose of the study. The following tasks are defined: to identify, with the help of information and digital technologies, the reasons for the low activity of the population in realization of the right to participate in justice administration; to determine the strategy for screening candidates and their subsequent preparation for participation in court session; to solve organizational problems of implementing new forms of this institution of criminal justice in the Russian Federation. An attempt has been made to update the scientific position regarding the process of formation and further activities of the jury panel in criminal proceedings based on the available digital and information capabilities. Implementation of the results of the work is possible both for practitioners of the judicial system and for researchers in the field of criminal procedure envolved with formation, development and improvement of the institution of jurors. It can be concluded that transformation of forms of criminal proceedings taking place in the modern world, emergence of new technologies, penetration of digitalization into all spheres of human life have significantly affected the genesis of popular representation in justice administration in criminal cases and become an integral part of it, requiring legal certainty.

RUDN Journal of Law. 2023;27(3):805-818
pages 805-818 views


The tenth All-Russian Meeting of legal theorists and presentation of a special issue of the RUDN Journal of Law - Monuments of Soviet Law

Andreeva P.N.



RUDN Journal of Law. 2023;27(3):819-822
pages 819-822 views

Review of the 11th International scientific and practical conference. World-Class Scientific Publication - 2023: achievements, realities, prospects

Gronic I.A.



RUDN Journal of Law. 2023;27(3):823-827
pages 823-827 views

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies