Vol 26, No 3 (2022)

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).

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.

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.

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.

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.

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.

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.