Journal headings
"Legal sciences"
Issues of theory and history of law
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-15-22
Keywords: reforms of the 1860s, abolition of serfdom, zemstvo reform, judicial reform, class equality, military reform, school reform, civil society, civil responsibility
Annotation: The article discusses important aspects of the development of civil society in Russia. The institution of civil so- ciety is an integral attribute of any State governed by the rule of law. However, its formation is conditioned by the emergence of certain prerequisites in the political, social, economic and cultural spheres. In the history of Russia, these prerequisites occurred in the second half of the XIX century as a result of the reforms of Emperor Alexander II, which created the conditions for the forming of civil society. The aim of the author is to analyze the historical course of the country towards the forming of civil society; to consider the reforms of the 1860s in Russia in the context of the occurrence of prerequisites for the forming of civil society; to identify the essence of these prerequisites; to determine the role of reforms for the forming of civil society in Russia. During the study, historical, comparative legal, and formal legal methods were applied. The author concludes that the necessary conditions for the formation of civil society have emerged in the political, social, economic, and cultural spheres in Russia, as well as the emergence of elements of civil society resulting from the reforms of the 1860s.
INSTITUTE OF MENTORING AS A MECHANISM FOR EDUCATION OF YOUTH OF RUSSIA
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-16-27
Keywords: mentoring, traditional values, somatic human rights, the fifth generations of human rights, the younger genera- tion, synergetic triad of the educational process, legal consciousness, crime prevention, patriotic education
Annotation: The article outlines the problem faced by humanity in choosing between traditional values and innovations introduced by Western ideologues under the guise of somatic human rights and the role of mentoring in the spiritual revival of humanity. The aim of this article is to develop mechanisms for reforming the institution of Youth Mentoring at the present stage. The subject of the study is the justification of the theory and practice of mentoring from the perspective of the synergetic triad of the educational process: patriotic education, forming of legal consciousness, and instilling traditional universal values and moral norms. Based on the subject of the study, the following tasks were performed: the historical experience of the educational process of Russian youth, laid down by Slavic and Eastern cultures, is analyzed; the differences in the personnel potential of school teachers in Imperial and Soviet Russia are studied; the prerequisites for an imbalance in the school educational system between male and female teachers are revealed; the phenomenology of responsibility is considered through the prism of male education and the forming of legal awareness among young people; the proposals on the form- ing of the legal consciousness of the younger generation at the present stage based on the generalization of the experience of crime prevention in the “16-year Shchelkov period” are formulated; the practical importance of enhancing the human resources of the institute of Mentoring in the educational environment through the return of men to the teaching profession is substantiated; mechanisms for reforming the institute of Mentoring youth are proposed; organizational measures necessary for the implementation of the proposed mechanisms for improving the role of mentoring in practice. The theoretical framework of the conducted research is the socio-axiological approach to examining phenomena of legal reality.
RUSSIA AS THE SUCCESSOR OF THE USSR IN THE FIGHT AGAINST FASCISM: CONSTITUTIONAL AND EXISTENTIAL DETERMINANTS
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-28-35
Keywords: fascism, constitutionalism, existential approach, anti-fascism, succession of the USSR, ideals of ancestors, social solidarity
Annotation: The article describes the constitutional and legal foundations of the struggle against fascism in modern Russia as the successor of the USSR. The author substantiates the need to use the definition of fascism given by Soviet scholars, taking into account their existential experience of generations who survived fascist aggression. The article provides a comparative analysis of the approach to defining the concept of fascism by Soviet authors and Western researchers, reveals the differences and reasons that prompted Western researchers to interpret this concept differently. The article substantiates the existential approach, analyzing scientific and legal concepts through the personal experience, values, and worldview of their authors. It reveals the anti-fascist orientation of the norms of the Russian Constitution, enshrining the succession of the USSR, the ideals of ancestors, belief in God, and social solidarity. The conclusion is made about the need for direct constitutional enshrinement of the fight against fascism around the world as Russia’s historical mission. The results of the article are important for the forming of modern Russian constitutionalism and state ideology.
STRUCTURE OF THE RUSSIAN NATIONAL LEGAL CONSCIOUSNESS IN CONDITIONS OF THE SEARCH FOR CIVILIZATIONAL LANDMARKS
Release: 2023-4 (40)
DOI: 10.21777/2587-9472-2023-4-5-10
Keywords: legal consciousness, legal psychology, legal ideology, legal values, legal culture
Annotation: The purpose of the study is to consider the key foundations of jurisprudence, namely the elements of its structure, taking into account the changed geopolitical, internal political, civilizational and ideological and value conditions for the development of the modern Russian state and law. It is based on the understanding of legal consciousness, which has been developed in Soviet jurisprudence and become classical, as a certain set of ideas and feelings expressing the attitude of people, social communities (nations, people) to the current and desired law. Approaches to the structure of legal consciousness are analyzed, as a result of which prospects for the further development of the doctrine of legal consciousness and the heuristic potential of this complex socio-legal phenomenon are established. The author concludes that for modern Russia it is critically important to comprehensively take into account the sociocultural and theological conditions (factors) as well as legal mentality for the development of legal consciousness. These factors contributed to the forming of a unique legal consciousness of the conciliar Russian society, which in modern conditions nullifies all attempts to “instill” Western models of civil society and the rule of law into the domestic society.
PROBLEMS OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE IN THE FIELD OF JURISPRUDENCE
Release: 2023-3 (39)
DOI: 10.21777/2587-9472-2023-3-5-10
Keywords: artificial intelligence, digital transformation, jurisprudence, legal regulation
Annotation: The article is devoted to topical issues of application of artificial intelligence technologies in the field of jurisprudence. In the modern world the technologies underlying artificial intelligence are beginning to play an increasingly prominent role in the process of digital transformation that is developing today in all areas of human life, including the field of law. The development and use of artificial intelligence technologies affects both the area of private and public law. It is extremely important to timely identify and legally resolve the possible risks and threats of the use of artificial intelligence technology, to prevent adverse consequences for an indefinite circle of persons in case of their unauthorized use. The purpose of the article is to identify areas of legal regulation of artificial intelligence in the field of jurisprudence, analyze gaps in the field of current legislation, as well as make proposals for optimizing the legal framework for the use of artificial intelligence. The article concludes about the natural development of the social process towards the use of artificial intelligence, due to the digital transformation of all socio-economic systems of society, reveals the risks of possible adverse consequences as a result of the uncontrolled use of artificial intelligence technologies, notes the need for legislative development of the use of artificial intelligence in the field of jurisprudence.