Vol 28, No 1 (2024)

The article investigates the issue of legal anomie through the prism of amendments to the current Russian legislation. It is noted that in critical situations of society development, such changes can be explained both by the need to regulate new social relations and by the development of anomie penetrating into the structure of public administration. The article analyzes characteristic of the subject of legislative initiative through manifestation of legal idealism. The method of comparing the number of amendments introduced to various regulations is applied, which allows to conclude that there is a frequent lack of consistency in legislator’s actions. It is noted that legislation concerning various spheres of legal regulation changes in different ways. Constitutional legislation is given as an example of rational amendments. It is concluded essential to move from periodic changes in the law to scientifically based legal reforms, within the framework of which the amendments to the law should be characterized by consistency and systematicity. The leading role in overcoming destructive processes in the development of domestic legislation is assigned to the Constitutional Court of the Russian Federation. It is concluded that the process of amending legislation and its dynamics has a certain historical connection with the development of legal anomie in society. The different activity in the development of new bills, which is characteristic of different participants in the legislative process, may indicate that the level of anomie is not the same in different authorities and at different levels of public administration. Particular attention is paid to consideration of the specifics of implementing the right of legislative initiative by the representative bodies of the constituents of the Russian Federation. The spread of legal anomie in the legislative process is one of the most dangerous phenomena in the legal system; it has the most destructive impact on the effectiveness of law enforcement and justice.

Our understanding of legal ideas is most reflected in the ability to categorize them unambiguously. At the same time, modern science faces many difficulties in categorizing legal ideas. Problems associated with categorizing complex authors such as F.C. von Savigny or L.L. Fuller are just one example. In the light of these challenges approaches that go beyond traditional views are becoming increasingly relevant. An example of such an approach is the critical-rationalist perspective on the categorization of legal ideas. This article aims to comprehensively reconstruct this critical-rationalist typology. The key role in achieving this goal is played by the intellectual legacy of Friedrich Hayek as a representative of the epistemology of critical rationalism who managed to adapt it for understanding jurisprudence. As a result of a comprehensive reconstruction of the critical-rationalist typology of legal ideas implicit in Hayek’s works we can conclude that, from the perspective of critical rationalism, all legal ideas can be divided into two categories: “critical” and “Cartesian”. The difference between these two categories lies in how much a given legal idea is based on the belief in the intellectual capabilities of human mind. The belief that human mind can effectively govern legal system of the whole society in a centralized manner generates a Cartesian view of law as a set of consciously created rules of a specific kind. The irreducibility of law to consciously constructed prescriptions due to the human mind’s inability to manage a complex social system will reflect a different, «critical-rationalist» perspective on law. This perspective will include a ban on centralized management of legal system of the whole society, as well as an explanation of such “informational” properties of that system, which exceed the capabilities of any human mind.

Аbstract. The study is devoted to the peculiarities of legal regulation of communal land ownership in the Russian Empire in the second half of the 19th - early 20th centuries; it is a complex, multifaceted phenomenon that requires new theoretical understanding. At that period, the Russian peasant land community was the subject of heated discussions and debates among representatives of various layers of socio-political thought in pre-revolutionary Russia. The article investigates legal regulation of communal land ownership and legislation of the specified period (Complete Collection of Laws of the Russian Empire) and is resulted in findings and conclusions. It is concluded that the complexity of legal regulation of communal land ownership in the Russian Empire in the period under study was associated with the lack of genuine economic freedom of peasants in relation to land, its ownership, use and disposal. The specifics of legal regulation of communal land ownership in the Russian Empire in that period represented the combination of customary law, whose norms governed the peasant community, and official statutory regulation. The study features chronological framework and periodization of legal regulation of communal land ownership. The examples stem from practice and pre-revolutionary literature based on the archival documents.

Temporal-legal regulation of administrative-procedural legal relations is directly related to the rules of calculating time limits, the uniformity of which determines the effectiveness of administrative process as a whole. The article is devoted to the study of time units used in calculating administrative-procedural time limits. It proposes the definition of the category calculation of administrative-procedural time limit and highlights the principles of its calculating including uniformity, clarity, and reasonableness. Temporal regulation of administrative process by means of such units of time as day, sutki (day and night), week, decade, month, quarter, and year is also in the focus. The units of time used in calculating the time limits in administrative procedural law are divided into micro- and macro-units. The existing range of problems in legal regulation of administrative procedural legal relations through the day category is outlined. The article also looks at specificity of the legal nature of non-working days established in the pandemic period and highlights chaotic and discordant use of temporal units sutki and day in the administrative process. The author proposes to refrain from calculating administrative-procedural time limits by calendar values of sutki, week, month and a half .

Is a retrospective review of the U.S. regulatory policy and sanctions imposed on Cuba, citizens and legal entities of this country, as well as against third countries and persons related to this state. The aim is to comprehensively understand the scope of such restrictive measures. The research provides a brief analysis of the impact of such measures on civil and business relations along with examples of secondary sanctions and the use of extraterritorial jurisdiction, which have a negative and long-term impact on the business partners in terms of excessive compliance with restrictions (overcompliance). The authors offer assessment of concepts of economic coercion, extraterritorial jurisdiction, as well as limits of responsibility of private and public actors for breach of legal obligations due to compliance with sanctions restrictions. Continuing the study of issues related to consequences of unlawful unilateral application of restrictive economic measures against a number of states by the U.S., the EU and imposition by countries of their jurisdiction on the parties of a dispute, including those complicated by a foreign element, in the process of dispute resolution , raised by authors' colleagues on scientific research in their published scientific articles (Tsepova E.A. Unprecedented law: Protecting the Russian financial system against the impact of sanctions. RUDN Journal of Law . 2022. Vol. 26. No. 3, 655-677; Ermakova E.P. When the “pro-arbitration” policy of the United States becomes aggressive . Eurasian Law Journal . 2023. No. 5 (180), 77-80; Rusakova E.P., Frolova E.E. Digital disputes in the new legal reality. RUDN Journal of Law. 2022. Vol. 26, No. 3, 695-704), the authors come to the conclusion that it is necessary to develop obligations directly as the duty of businesses to comply with universally recognized norms regarding property, non-discrimination, legal certainty even under the pressure of secondary sanctions and unlawfully expanding extraterritorial jurisdiction of certain countries imposing sanctions, as well as understanding the complex negative impact on the structure of all levels of the economy and sustainable social relations, as well as de jure existence of already designated legal positions on the need to gain consolidated support from all the actors of international communication to overcome the existing rupture: condemnation and recording of illegality in the public law field and forced compliance with such non-legal requirements of certain jurisdictions in the domain of private law relations.

The paper examines the issues of bringing controlling persons to subsidiary liability for the obligations of a company excluded from the Unified State Register of Legal Entities. The article determines the judicial procedure for holding controlling persons accountable for claims of creditors. It analyzes the provisions of Russian legislation and judicial practice regarding the grounds for prosecution under paragraph 3.1 Article 3 of the Law on Limited Liability Companies.The research reveals the effect of this rule of law over time and it essence, which excludes the use of the construction of limited liability of participants in a business company. An overview of the legal positions of the Constitutional Court of the Russian Federation on the issues under consideration including the circle of responsible persons, distribution of burden and circumstances of evidence is provided. The paper distinguishes characteristics of good faith and reasonable behavior of creditors and controlling persons as well as legal presumptions corresponding to the circumstance of the case. The conclusion is formulated on the recognition of subsidiary liability by inheritance of debts of a corporate organization. The paper investigates the competence of the court considering disputes on bringing to subsidiary liability of persons controlling a corporation and distinguishes between the corporate (under the general rules of litigation) and bankruptcy (under the rules of class action) proceedings. The characteristics of the powers of creditors acting in the interests of their civil law community are given. The research allows to ensure uniformity of judicial practice at interpreting the applicable rules of law.

The study is devoted to ambiguous issues of using artificial intelligence (AI) in judicial process. The purpose of the study is to present foreign experience of using information technologies in court proceedings based on the example of the most controversial and debated ideas concerning resources of artificial intelligence in the system of evidence. Special attention is paid to successful mechanisms of using AI in foreign judicial practice at the stage of evidence assessment. The study presents several decisions of foreign courts, formed with the help of AI. The findings allow to express opinion about admissibility of evidence evaluated by AI. The study employs methods of general scientific cognition and special methods including comparative legal. The dialectical method allows to investigate genesis and progressive development of judicial process technologization. The methods of analysis and synthesis, induction and deduction contribute to highlighting disadvantages of predictive coding at the proving stage and advantages of electronic research of evidence, options for simultaneous disclosure of evidence using different methods on the example of specific court decisions. The comparative legal method helps to identify best practices of using artificial intelligence in the system of evidence in foreign countries. The study not only describes the tools of predicting justice in European judicial practice, but also examines the problems of Chinese "instrumental justice" that can arise in any country. Conclusion justifies predictive coding as a tool of predictive justice, provided that general rules for information disclosure are developed and specifics of machine learning for a particular case are considered. It is noted that artificial intelligence has not yet become the predominant method in any types of legal proceedings. This may be explained by insufficient confidence in it across legal communities and time needed to form a successful history of its use for solving legally significant tasks in various spheres of human life.

Every human culture has reflected the Moon’s influence in its cosmology, spirituality, science, creative and social life. For these reasons, the exploration and use of the Moon should be done thoughtfully and carefully, and possible resource extraction should not harm the Earth's only satellite and its environment as a whole. The adoption by some States of national legislation affecting the commercial exploitation of space resources, as well as the resumption of lunar programs by several leading spacefaring nations at a time, prompt the need for legal regulation in this area. However, to develop a detailed international legal regime for lunar exploration, the efforts of the States parties to the UN COPUOS alone are not sufficient since in practice other actors in international relations, including the so-called epistemic communities representing various types of non-governmental organizations, are also active participants in space activities. Such communities offer their own vision of the international legal regulation of relations arising in the framework of the exploration and use of the Moon basing on the norms of international space law and involving active participation of non-governmental legal entities, considering the interests of present and future generations, as well as of emerging space nations. The study presents a comprehensive analysis of the influence of epistemic communities on the development of the future international legal regime for lunar exploration. The authors consistently review the activities of non-governmental organizations within the UN COPUOS since its formation. Special attention is paid to the contribution of such communities to the progressive development of international space law and its codification, including the legal nature of the documents developed by such communities. The study concludes with a comprehensive international legal assessment of the activities of the epistemic communities.

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