Vol 29, No 1 (2025)
- Year: 2025
- Articles: 17
- URL: https://journals.rudn.ru/law/issue/view/1840
- DOI: https://doi.org/10.22363/2313-2337-2025-29-1
Full Issue
HISTORICAL AND LEGAL RESEARC
Establishing paternity in the history of Soviet law
Abstract
The purpose of the work is to study the evolution of Soviet legislation regarding the establishment of paternity, covering the key stages of its formation and changes throughout the twentieth century, as well as the specifics of the law enforcement activities by the courts. Special attention is given to the influence of social and ideological factors on the legal norms governing this important aspect of family relations. The article analyzes how legislative initiatives reflected societal needs and changing ideas about family and parenthood. In conclusion, it emphasizes the significance of historical experience of Soviet law for modern family law and highlights the necessity for further analysis of legal norms in light of contemporary challenges and societal changes. It is concluded that the initial legislative initiatives of the Soviet state concerning the regulation of paternity emphasized the principle of equality between children born in marriage and those born out of wedlock, with consanguinity as the main criterion for establishing paternity. In the mid-1920s, the focus shifted to actual relationships with women and joint household management, which became the basis for recognizing paternity concerning a child. The tightening of state control over women’s reproductive function in the 1930s and 1940s was driven by a desire to compensate for demographic losses. This manifested in prohibitions of abortions, increased penalties for malicious non-payment of alimony, complications in divorce procedures, and restrictions on judicial establishment of paternity. From the second half of the 1950s onward, Soviet laws on marriage and family concerning paternity embodied a volitional factor rather than a biological or normative one.



Anglo-American legal positivism: Stages of formation and development
Abstract
Anglo-American legal positivism is an influential trend in modern legal thought. Understanding this framework is crucial not only for addressing gaps in scientific knowledge within political and legal doctrines but also for applying relevant developments to domestic legal science. This understanding is particularly valuable because it relates to the dominant doctrine of legal positivism in contemporary Russia while also being rooted in an alternative legal paradigm. The purpose of the article is to examine the formation and development of Anglo-American legal positivism as a key area of legal understanding in the world legal scholarship. The author highlights the characteristics of Anglo-American positivism, its main developmental stages, and the ideas of its leading representatives. Methodologically, this study employs a combination of philosophical, general, and special scientific methods, including dialectical and historical approaches, general logical techniques, and comparative analysis. Specific methods of analytical philosophy are also used, including methods of contextual and conceptual analysis. The study concludes that Anglo-American legal positivism has evolved through three stages: the classical stage associated with command theory; the neopositivist stage, where new analytical and philosophical approaches emerged; and the modern stage, characterized by debates between "inclusive" and "exclusive" positivism.



Formation of lease agreement in pre-classical Roman law
Abstract
Modern civil law is characterized by the emergence of undefined and mixed types of contracts. This development necessitates the identification of specific features that can help to classify contracts for legal certainty. A similar issue arises when distinguishing lease agreements from other types of contracts that involve the transfer of property for a specified period. This challenge has been recognized since the time of Roman Law. The aim of this article is to provide a historical reconstruction of the factors that led to the separation of lease agreements from other contracts. Historical philological, systemic, and teleological methods were employed in interpreting ancient texts. The research findings show that the original form of hiring relations was a temporary sale of the hiring object. Some sources attest to this form being applied to labor services provided by individuals under the control of pater familias, as well as for the exploitation of public lands. During the Republic period, hiring relations began to be distinguished from contracts of sale. Efforts to systematize Roman Law in the first century B.C. recognized this division between the two contracts. At that time, the jurist Servius Rutilius Rufus defined the obligations of a leaseholder through the doctrine of vis major, outlining the area of risk for leaseholders and conditions for the deduction and return of lease payments. This indicates that risk allocation between parties in a lease agreement served to clarify both the locator’s and conductor’s obligations, granting them an independent character.



Features of the development of the institution of criminal punishment in ancient and medieval Russia from 10th to 17th centuries: A socio-legal perspective
Abstract
This study is devoted to the specific features and peculiarities of the development of criminal punishment in ancient and medieval Russia during the period of the formation and strengthening of Russian statehood and its legal system. The author aims to acquire new scientific knowledge about the process of formation and evolution of the institution of criminal punishment in these historical periods. This includes examining the genesis and changes in both the social practice of criminal punishment and the legal category of criminal punishment in the legislation of that time. The article provides a detailed analysis of the institution of blood feud, its role within the spectrum of criminal penalties used in ancient Russian criminal law, as well as the reasons and conditions that led to its replacement by a system of material liability (compositions). The research is based on a wide range of literary sources, ancient Russian law, chronicles, and specific scholarly research works related to this period. It employs formal-logical, systemic-structural, historical, and dialectical methods of analysis. The study highlights the unique evolution of criminal law penalties in ancient Russian legislation across different periods. It specifies certain types of criminal punishments (such as “vira” and “flow and looting”) and means of proving guilt (including the “field” judicial duel). Special attention is given to the influence of the Christianization of Kievan Rus on the system of criminal punishment and on the overall criminal law doctrine of the country. The author argues that with the adoption of Christianity as the official religion in Russia, a new system for preventing criminal behavior emerged. The conclusions drawn indicate that as social and legal progress advanced, criminal punishment gradually transformed from a retrospective measure reflecting private to one that serves public interests. The institution of criminal punishment evolved from a means of collective responsibility to individual sanctions for specific criminal acts. Notably, the author concludes that social practices of punishment during the pre-state period aligned with retributivist concepts, while criminal punishment emerging from established state power reflects consequentialist principles.



Implementation of the City Statute on June 11, 1892: based on the materials of the ordinary South Russian city of Nakhchivan-na-Donu
Abstract
Nakhichevan-on-Don was founded in 1779 as the center of an Armenian colony with granted internal autonomy. By the second half of the 19th century, it had developed into a country town predominantly populated by Armenian population. Studying the reform of self-government in the Russian provinces, particularly in cities with distinct historical, socio-economic, and ethno-cultural characteristics, is essential for forming a coherent understanding of urban governance in Russia. Using archival documents and local publications not previously introduced into scientific discourse, this study employs concrete-historical methods to reconstruct the process of organizing and conducting elections for the city duma and administration. It analyzes changes in the number of voters, the composition of the city duma and the administration, and the distribution of responsibilities among its members. The findings reveal that elections were conducted under close supervision by regional authorities. The number of voters in Nakhchivan decreased 2.8 times compared to the previous period, which was still twice the average figure for Russia. Nakhchivan voters demonstrated greater activity compared to neighboring cities, with merchants comprising an overwhelming 82.5% of the electorate. The burghers secured 10 seats while four noblemen were among the deputies. Compared to previous compositions, only five new names appeared in the duma. Of the deputies, only five owned real estate valued between 300 to 1,000 rubles, while 23 deputies had properties valued between 1,000 and 3,000 rubles. Despite the increasing Orthodox population, all mayors and members of the administration were of Armenian-Gregorian faith. The introduction of the City Regulations of 1892 did not lead to significant changes in urban governance in Nakhchivan-on-Don. Further research is required to explore the activities of city government bodies and their relationship with crown authority.



Amendment of the Criminal Code of the Russian Empire of 1903: Encroachment on a non-existent or clearly unsuitable object as a circumstance excluding criminal liability
Abstract
The relevance of this study is determined by the need for regular adjustments and improvements in the criminal law regulation of circumstances that exclude the criminality of an act. This need is ongoing, as society’s values, needs and ideas about justice continually evolve. Additionally, new challenges and threats emerge, and recent scientific findings, particularly in criminology and criminal law doctrine, must also be taken into account. One of the novelties of the 1903 Criminal Code of the Russian Empire was its provision that a direction toward a non-existent or unsuitable object could exclude the criminality of an act. This article examines the theoretical and practical prerequisites for this innovation. It presents and analyzes the practice of the Governing Senate (the highest court of the Russian Empire) concerning offences involving imaginary or unsuitable objects of crime during the period when the Criminal Punishment and Correctional Statute - the predecessor to the 1903 Criminal Code - was in effect. The analysis concludes that there was an inconsistency in the judicial practices, highlighting a pressing need for law enforcers at that time to have clear and reasonable criteria on this issue. The article also analyzes the ideas and intentions of the developers of the 1903 Criminal Code regarding this circumstance, as well as the relevant provisions. It is noted that there was no application of this innovation by the Governing Senate, which can be attributed to the limited duration of the 1903 Criminal Code. The author concludes that the ideas and judgments expressed during the development and evaluation of this normative provision could be valuable for improving the Criminal Code of the Russian Federation. Currently, it does not directly regulate liability for attempts involving unsuitable objects nor define the legal consequences of factual and legal errors. The analysis and conclusions presented in this article may also be relevant in preparing a draft resolution for the Plenum of the Supreme Court of the Russian Federation.



Traditional Kazakh court in the pages of the Russian press of the late 19th to early 20th century
Abstract
This study analyzes publications on the traditional Kazakh court (byis’ court, people’s court) by Russian contemporaries who served in or traveled to the Steppe Region. These publications were featured in Russian periodicals and later included in the “Turkestan Collection”, a unique compilation of materials on Russian Turkestan and neighboring states and regions, compiled in the second half of the 19th to the beginning of the 20th century. The authors criticized contemporary courts but positively regarded the historical court system. The article aims to clarify the reasons behind this idealization of the ancient traditional Kazakh court: whether the authors intended to promote its practices or, on the contrary, to highlight its negative transformation and advocate for a shift toward Russian imperial judicial system. The study primarily employs formal-legal, historical-legal, comparative-legal methods, and content analysis. The author finds that the analyzed materials significantly support our understanding of courts and proceedings in the Kazakh Steppe during the studied period, which is typically based on historical legal monuments and official institutional documents.



Between holism and realism: H. Kelsen’s two theories of legal conflicts
Abstract
H. Kelsen’s pure theory of law, which emerged as a key reference point for the development of modern legal positivism in the 20th century, has had a profound impact on jurisprudence and philosophical theory of norms. A significant aspect of Kelsen’s theory, particularly his theory of normative conflicts, underwent substantial evolution throughout his career. However, domestic legal literature has yet to explore Kelsen’s theory of normative conflicts in depth, and his later, realist version remains largely unexamined. The purpose of this study is to reconstruct the two primary theories of normative conflicts developed by Kelsen at different stages of his work, as well as his theory of hierarchical conflicts. Additionally, we aim to evaluate the validity of criticisms directed at these theories in foreign scientific literature. To achieve this, we analyzed H. Kelsen’s writings from various periods and reviewed subsequent scholarly contributions that focus on his theory of normative conflicts. This study delineates two versions of Kelsen’s theory - holistic and realistic - illustrating their methodological foundations and demonstrating the role of conflicts between norms at different levels within the hierarchical structure of legal order. This structure remains consistent across both historical versions of the pure theory of law. Based on our analysis of critical literature, we identify vulnerabilities in the main arguments against the realist definition of normative conflict and against the doctrine of “alternative authorization” associated with the theory of hierarchical conflicts.



TO THE 80TH ANNIVERSARY OF THE VICTORY OVER FASCIST GERMANY. FRONT-WIDE LEGAL SCIENTISTS
Development of the doctrinal foundations of post-war international law: The contributions of D.D. Ostapenko
Abstract
The purpose of this work is to study contributions of Soviet scholar and war veteran D.D. Ostapenko to the development of higher legal education and formation of the Sverdlovsk legal scientific school. The significance of his activities and scientific publications in enhancing the structure of higher legal education is highlighted, particularly regarding the modern role of the subject “international law” within legal disciplines. The article focuses on D.D. Ostapenko’s role in establishing the doctrinal foundations of international law in the period following the Second World War. He was among the international lawyers whose research helped shape modern international law, initiating theoretical developments regarding new post-war institutions such as international criminal law, the law of international responsibility, and international humanitarian law. A significant portion of his works was dedicated to the scientific study of armed intervention and international legal responsibility. Ostapenko argued that intervention could occur both with and without the use of armed force, in accordance with the principle of non-intervention outlined in the UN Charter. He concluded that the scope of this principle is unlimited: matters falling under paragraph 7 of Article 2 of the Charter constitute the internal competences of states, and no one has the right to interfere in them, except in issues related to maintaining peace and security. D.D. Ostapenko made a substantial impact on recognizing the importance of international law within domestic jurisdiction and higher legal education. This article demonstrates that the perception of international law as vital for normative and individual legal regulation in domestic relations and for training future lawyers originated at the Sverdlovsk Law Institute, largely due to D.D. Ostapenko’s decisive involvement.



The role of justice in shaping historical memory
Abstract
The right of peoples to know and remember their history is inviolable. In today’s information-rich world, knowledge and beliefs are shaped by many sources. One unconventional and underexplored source in this context is a judicial act. This study aims to demonstrate that judicial acts can serve as sources of knowledge and that judicial bodies influence the formation of historical memory in various ways. The methods employed include logical-historical analysis, which helps identify trends and patterns leading to specific conclusions; the inductive method, which allows to generalize the empirical material accompanied by concrete conclusions and proposals; and analytical methods that consider the roles of individual stages and functions within judicial processes. The main findings reveal the significant impact of judicial processes on the formation of historical memory, which can be both direct and indirect. The study identifies the forms of this influence and outlines the functions of judicial bodies relevant to the topic under consideration. Within the adversarial process, participants, depending on their procedural status, provide explanations or testimony while pursuing their own interests. The accounts and statements of eyewitnesses to historical events are crucial for how these events are perceived by future generations. Such explanations and testimonies are recorded in court hearing minutes and final judicial acts, which cannot be erased from history due to their legal authority.



Development of Chinese legislation in the 1920s-1940s influenced by Soviet political and legal theory
Abstract
On June 22, 1941, Germany launched its war against the USSR, marking the beginning of the Soviet Union’s participation in the Great Patriotic War against foreign invaders. At that time, the War of Resistance of the Chinese People against Japanese Aggression also commenced. Both China and Russia share a common historical memory of the anti-fascist struggle - an important memory that both peoples should honor. It is noteworthy that the development of legislation during the Second World War significantly contributed to ensuring victory over the enemy. In particular, land, labor and family rights were systematically addressed to meet the unique demands of martial law. The Chinese legal system, modeled after Soviet law, united the forces of workers and peasants, empowered women, and rapidly enhanced productive capabilities. This article analyzes Soviet theories of state and law that had a considerable impact on Chinese legislation regulating labor, land and family relations during the period of the Chinese Soviet Republic and throughout the Second World War. It reveals changes made to legislation during the war that facilitated the mobilization of labor and property resources in the rear. The purpose of this article is to identify the key factors that enabled China to withstand Japanese aggression and ultimately liberate occupied territories.



LAND LAW AND ENVIRONMENTAL LAW
Strengthening environmental legislation in accordance with Russia’s international obligations
Abstract
The relevance of the study is determined by the need to fulfill the obligations of the Russian Federation under the Convention Concerning the Protection of the World Cultural and Natural Heritage and the decisions of the World Heritage Committee. The purpose of the analysis is to determine the appropriate ways to improve the Russian legislation in terms of strengthening the regime of protection of the World Natural Heritage. The materials of the study are the provisions of international treaties, decisions of the World Heritage Committee, provisions of the Russian environmental legislation and draft regulations. The study applies formal-legal, comparative-legal and system-structural methods. The main results of the study include the development of the theoretical construction of sui generis specially protected area, justification of the necessity to recognize the central ecological zone of the Baikal natural territory as a specially protected natural territory. The author describes the best ways to improve the legislation on the protection of World Natural Heritage properties in terms of preparing management plans and assessing the impact on their ecological condition. The conclusion states the need to establish in the legislation the specifics of protection of other international legal regimes of nature protection (for example, Ramsar sites).



PROCEDURAL LAW. PROSECUTOR SUPERVISION
Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative Updates
Abstract
The research includes an analysis of the Ruling of the Constitutional Court No. 43-P dated 20.07.2023, aimed at protecting the right of experts to receive payment for forensic research commissioned by the court, regardless of a parity’s financial solvency in civil proceedings. The actions of judges in civil cases that prevent violations of expert’s rights, as outlined by the Constitutional Court of the Russian Federation, are explained in layman’s terms and presented clearly. The article also analyzes legislative changes that follow this ruling emphasizing general issues and differences between the approaches of Constitutional Court and the legislator. Notably, it addresses the removal of prohibition against refusing to conduct forensic research due to non-payment. Furthermore, it examines how the right to refuse forensic research could be affected in practice. The practical implications of the Constitutional Court’s ruling for the development of court practices regarding expert appointments are highlighted. Additionally, the article presents core conclusions regarding relevant changes related to forensic expertise and discusses practical issues surrounding payment from the court to experts.



LAW AND DIGITAL TECHNOLOGIES
The legal nature of information in the context of digital technologies
Abstract
The widespread use of digital technologies has significantly expanded the semantic boundaries of the term “information”, leading to the erosion of essential constitutive characteristics. As a result, legal acts and jurisprudence increasingly treat the terms “knowledge”, “data” and “message” as synonymous with “information”. The purpose of this scientific article is to establish the nature of information, examine the main distinguishing characteristics of these concepts, and analyze the structure of information and data. To achieve this goal, a combination of general philosophical, general scientific, and specific scientific methodological tools was employed. The analysis of definitions reveals that legal information, as an image perceived and imbued with legal meaning, is constituted by the consciousness of the subject of law. This legal image, imprinted on a tangible medium through a set of physical symbols, is referred to as legal information. Conversely, knowledge that has been encoded and is no longer accessible for perception and comprehension is termed data. A message is defined as a coded equivalent of legal knowledge transmitted using computer technology, with its carrier being a signal. The article concludes that it is essential to distinguish between the nature of information and the nature of signs (symbols). Information itself is constituted by human legal consciousness as a mental act (image) that finds expression through a set of physical symbols on a material medium. It should be noted that the physical symbol serves as a semantic equivalent of the mental symbol formed by the intention of the subject of law. Furthermore, it is important to differentiate between the dichotomous structure of the concept of information, including a material medium and information available for understanding its meaning by subjects of law, and the trichotomous structure of data, which encompasses three components: encoded knowledge, physical media, and computer system tools.



Comparative analysis of effective data protection practices in healthcare: Russia and international standards
Abstract
A comparative legal analysis has been conducted on the legislation and practices regarding the protection of patients' personal data in the healthcare systems of Russia, the USA, the EU, China, and several other Asian countries. The main research methods employed include comparative-legal analysis, formal-legal analysis, expert-analytical methods, visualization techniques, and structural analysis. The aim of the study is to analyze the legislation related to the protection of patients’ personal data in healthcare across different countries and to identify recommendations for Russia. The findings indicate that the USA and the EU are leaders in this area, with specific laws governing the protection of personal data in healthcare that impose strict requirements on medical data operators and significant penalties for violation. It is noted that Russian legislation on data protection in healthcare aligns with global trends toward digitalization and personal data protection. However, challenges remain in law enforcement due to underfunding of IT infrastructure in medical organizations, a shortage of qualified personnel, and low digital literacy among medical staff. The results of this study provide a foundation for further scientific research into the transformation of medical privacy protection systems in light of advancements in big data technologies, AI, and the Internet of Things. The paper advocates for a differentiated legal regulation based on categories of information (such as genetic and biometric data), argues for strengthened liability for violations, and proposes specific legislative innovations.



Financial literacy of digital citizens in the metaverse: Reality or fiction?
Abstract
The global trend of digitalization is giving rise to new institutions and rethinking established ones within the state and society. In this context, studying individual objects in their symbiosis is both effective and justified. Scholars are increasingly focusing on the potential existence of digital citizenship within the emerging metaverses with early examples found in South Korea. The authors of the paper believe that scientific thought may extend even further. One premise for creating metaverses involves the development of the economic component, reflected in the movement of cash flows within the virtual space. Today, the primary users of metaverse prototypes are Generation Z (Zet) and A (Alpha), who require special state protection from harmful financial content due to their naivety. Therefore, the purpose of this study is to conduct a comprehensive SWOT analysis of the necessity and potential for enhancing the financial literacy of digital citizens in metaverses, particularly within the Russian context. Methodology: The principal method used in this study is formal legal analysis, which reveals the normative basis for implementing digital citizenship, metaverses, citizenship, and financial literacy. The findings are based, inter alia, on an analysis of regulatory legislation. Using a systemic approach, the authors present the theoretical and regulatory frameworks as well as practical implementations of categories related to digital citizenship, metaverses, citizenship, and financial literacy as a complex system with various interrelated components. As a result of this study, a Russian model for increasing the financial literacy of digital citizens in the metaverse has been proposed and substantiated, alongside the identification of several legal risks in this area.



REVIEWS. DISCUSSION FORUMS


