Journal headings
"Legal sciences"
Issues of theory and history of law
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-7-12
Keywords: political and legal doctrine, legal doctrine, science of state law, form, content, formalization of science, sys- tematization of forms, classification of forms
Annotation: The aim of the study is to consider the key aspects of such a scientific problem as the relationship between the form and content of domestic political and legal doctrines. Applying a set of general scientific methods of cogni- tion based on a dialectical approach to the understanding of state and legal phenomena and the corresponding processes, the author comes to the conclusion that along with the development of interdisciplinarity within the framework of the modern stage of scientific rationality, rethinking the forms of external expression of political and legal doctrines in the context of their content (and elements of the corresponding political and legal doctrines) is acquiring a decisive character in light of the prospects for the general development of the science of the history of political and legal doctrines in the 21st century. The article substantiates the need for closer attention to the issue of the forms of external presentation of political and legal doctrines. The author bases his position using, first of all, a specific historical approach and analyzing pre-revolutionary teachings, as well as the results of the development of scientific legal thought in the field of science of state law. It is there that the dependence of the content on the form of external presentation of their teachings chosen by the authors (dissertation, monograph, scientific article) is manifested. In the text of the article, the Russian Federation is abbreviated as RF.
REGULATORY IMPACT ASSESSMENT AS A WAY TO INCREASE THE EFFECTIVENESS OF REGULATORY AND LEGAL ACTS
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-13-21
Keywords: regulatory impact assessment, effectiveness, regulatory legal acts, system, conflict, legal mechanism, monitor- ing, law enforcement
Annotation: The article describes such interrelated categories, in the authors’ opinion, as “effectiveness of regulatory legal acts” and “assessment of regulatory impact” within the framework of scientific and practical approaches. As part of the study, the authors raise the question of whether, in principle, an objective assessment of the effectiveness of acts is possible, to what extent it depends on law-making and law enforcement. The answer to this question is complex and multifaceted and requires fundamental research. In this article, the authors conclude that any draft law should not be a mechanical set of legal norms, but should comply with the requirements of legal technology, language norms, and anti-corruption legislation; it should be adopted in accordance with the authority of the body that issued it, and should not contain provisions that run counter to the norms of higher-level acts. In ad- dition to all of the above, obviously, the draft law should be “working”, that is, aimed at optimizing those public relations that are the subject of its regulation. The authors consider the regulatory impact assessment procedure as one of the means to increase the effectiveness of regulatory legal acts by achieving these and other criteria. In the text of the article, the Russian Federation is abbreviated as RF.
ON THE LEGAL CULTURE IN THE RUSSIAN FEDERATION
Release: 2024-1 (41)
DOI: 10.21777/2587-9472-2024-1-5-11
Keywords: legal culture, legal culture of society, legal culture of the individual, legal nihilism, legal idealism
Annotation: The article analyzes the state of the legal culture of the Russian Federation in the modern period. It also dis- cusses the main terminological features related to the definition of the concept of legal culture and the structural elements included in it. In addition, the problems associated with the insufficiently high level of legal culture among citizens of the Russian Federation in modern realities are identified and analyzed. The data of sociological surveys of young people about public institutions that have the most influence on the growth of the legal culture of society are presented. The article emphasizes that in the processes of interaction between the state and soci- ety, the modernization of the legal policy of the state – the use of information technologies – contributes to the improvement of the level of legal culture of the Russian population. Such an “electronic State” extends not only to the sphere of public administration, but also covers public relations. Further in the article the current state of the legal culture of the Russian population are revealed, and ways to solve the problem of not having a sufficient level of its development are identified. Based on the conducted work, a conclusion was also made that charac- terizes the relevance and importance of improving the legal culture for the further development of the country.
THE FORMING OF MARRIAGE AND FAMILY RELATIONS IN RUSSIA IN THE IX–XVIII CENTURIES
Release: 2024-4 (44)
DOI: 10.21777/2587-9472-2024-4-7-13
Keywords: family law, marital and family relations, common law, church marriage, Domostroy, regulation of marital and family relations, the place of a woman in the family
Annotation: The article is devoted to topical issues of the forming and development of family law as an independent branch of Russian law. The authors consider the period of the IX–XVIII centuries in the context of the forming of family norms. The relevance of this topic is due to the importance of the family as a fundamental social institution. Much attention is currently being paid to the preservation of the traditional family values of our state. The effective operation of legal norms in this area guarantees the protection of the interests of members of each individual family. Therefore, the purpose of the authors of this article is: to identify the main directions of the development of marital and family relations in this period; to show how the basic norms and institutions that formed domestic family law were formed throughout the history of Russia; to analyze how the studied historical stage influenced the development of Russian family law. During of the study, historical, comparative legal, and formal legal methods were applied. The authors conclude about the natural development of marital and family relations in this period, about the role of the studied norma- tive legal acts in the forming of family law in Russia.
ON THE ISSUE OF THE DEVELOPMENT OF TYPES OF RESPONSIBILITY FOR THE ACTIONS OF INDIVIDUALS AND LEGAL ENTITIES IN THE INFORMATIONAL SPACE
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-7-14
Keywords: Information Law, Information Responsibility, Information Offenses, Public Law, Digital Transformation, In- formation Society, Digital Platforms
Annotation: The paper describes the normative provisions that have appeared in Russian information regulations in recent years and are characterized by a special range of subjects, grounds, sources and content of responsibility measures. The analysis of such regulatory frameworks made it possible to reveal a new approach to legal regulation, which takes into account the economic and technical nature of Cyberspace. Due to this, we assess the effectiveness of information and legal measures to be higher than that of classical types of legal responsibility in cross-border and anonymous cyberspace. Along with the application of measures by public authorities to influence information legal relations subjects, we have also noted the practice of business entities applying such measures, in particular, individuals who own or manage digital platforms. This allows us to establish the possibility of categorizing contractual information and legal responsibility. At the same time, the wide range of subjects involved in relations developing in cyberspace, along with a num- ber of other pressing issues in information law, contribute to inconsistencies in the application of information and legal measures. We consider this circumstance as an additional argument in favor of the codification of information legislation.