Journal headings
"Legal sciences"

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.

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.

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.

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.

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.

Annotation: This article analyzes the events, actions and facts in the history of Kievan Rus, part of which became the territory of the Moldavian Principality, after its formation. These events and facts became the key and the basis of the good relations of the Moldavian Principality and the Moscow Kingdom, which ended with the establishment of the citizenship of the Moscow Kingdom over the Moldavian Principality. The purpose of this study is to form a scientific historical and legal framework proving the objectivity and pattern of such a historical and legal fact. The task of the study is to analyze facts from various sources of domestic, Moldavian and Romanian authors, reflecting the activities of secular and spiritual authorities in the rapprochement of the Moldavian Principality and the Moscow Kingdom in the 17th century. In the course of the study, general scientific and special research methods were used – systemic, analysis and synthesis, logical, historical, interpretation. As a result of the study, it was proved that it was during this period of time that the first normative act in the history of bilateral relations was signed, which established the official citizenship of the Moscow Kingdom over the Moldavian Principality.

Annotation: The article examines the prerequisites for the forming of professional legal awareness of medical workers and doctors, in particular, as legally significant entities making decisions that affect the life and health of patients. The author draws attention to the general trends in the forming of legal awareness in Russia, in particular, such trends among young people and young people in universities. The researcher critically evaluates the results of the study of the educational process in relation to schoolchildren and applicants, pointing out the dubiousness of the indicators of knowledge growth, since the level of the required material and its depth are not taken into account, the narrow focus of preparation for admission to the university only in the assigned subjects and the lack of figures reflecting the general education of applicants are not taken into account. The issue is raised that all these trends and factors, in a particular case, affect the level of legal awareness and legal culture: both in society as a whole and in professional communities, in particular. Having such a basis, the professional con- sciousness of a medical worker is undoubtedly distorted. A system of medical bioethics measures is proposed by the author to influence the doctor’s professional legal consciousness.

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.

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.

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.

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.

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.

Annotation: The article examines the causal relationships of the impact of culture as a phenomenon and system on the emergence and evolution of new institutions in the political sphere of public relations. The author studies the cultural phenomenon, the laws by which it is created by society, acquires certain independent properties, adapts to a particular historical moment of time and space. The basis for case-crossover analysis of cultural changes that took place in Russia at a certain stage of development is the period of the late 19th and early 20th century, the experience of the Ryazan governorate in creating new political traditions and the forming of people’s representation in the State Duma of Russia. The author gives an assessment of the transactional impact of the accumulated experience of political phenomena of the initial stage of the development of forms of democracy on the present state and the implementation of this principle in the Russian state. Conclusions are formulated about the role of cultural heritage in the effective functioning of existing social institutions and governance mechanisms of the state.

Annotation: The article describes the main stages of the genesis of the bureaucratic apparatus in Russia in the XVIII century. The purpose of the author is to highlight the political activities of the Russian government aimed at establishing the structure, organization and activities of local officials in the specified period on the example of the Ryazan Governorate. This topic is relevant in the context of increasing public interest in the effectiveness of the functioning of the state apparatus of Russia and its enhancement. Noteworthy are the events of Peter I and especially Catherine II, which led to the formation of officialdom at the level of governorates and uyezds. On the basis of the material of primary sources, the author considers the creation of the system of local institutions. In conclusion, it is said that the provincial reform of 1775 created the legal basis for the forming of the local bureaucratic apparatus of Russia. This conclusion, in turn, leads to further research interest in order to draw historical parallels and a comparative analysis of the bureaucratic apparatus of Russia of past eras and the present.

Annotation: The article is devoted to the definition of the concept of illegal interest and its role in qualifying the abuse of the right. The coverage of legitimate interest in legislation and judicial practice is considered. It is noted, that the legislator pays quite a lot of attention to the protection of legitimate interests in many legal acts, but does not give it legislative consolidation. The interpretation of this definition by the courts has a different character and does not always coincide. At the same time, illicit interest is a criterion for determining the most important legal category of abuse of the right. The presence of an unlawful interest of a person indicates his/her intention to violate the rights of other persons or bad faith behavior expressed in an indifferent attitude to the violation of the rights of participants in legal relations. The article also identified the distinctive features of a legitimate interest and defined the boundaries of its determination by the courts. Based on the results, a definition of abuse of the right is drawn up, which emphasizes the role of illegal interest in this legal category.

Annotation: The article analyzes the provisions of the most significant, from a historical point of view, statutes regulating the relations that developed in connection with the violation of law and order and, as a consequence, causing losses. The study of the transformational features of the relations of harm caused by evolutionary processes is carried out. In the course of a brief study the authors come to the conclusion that the regulation of damages was ensured by fixing appropriate measures of adverse impact on the violator in various acts of authorities, but only in the second half of the XIX century this institution began to acquire the features of a truly legal one. These conclusions, in turn, determine further research interest in order to conduct scientific parallels and comparative analyses of the category under study in the framework of subsequent epochs, including modernity. It allows us to form ideas about the specificities of the evolution of legislative thought regarding the institution of compensation for damages with an explanation of the grounds for establishing a legal regime for damages at the present stage of development of Russian society and the state.

Annotation: The purpose of this article is to reveal the fundamental importance of the forming of the idea of sustainable development as a worldview and paradigm of enduring cultural value. This does not mean underestimating the practical problems that need to be solved. However, if you start with them without creating a solid conceptual foundation, the idea of sustainability can repeat the fate of many bright ideas, the implementation of which began with great enthusiasm and ended in disappointment with dire consequences. This means that we must begin with the creation of a stable consonance of the spirit of the revolution with the revolution of the spirit. The Eurasian project provides an excellent opportunity for this. Sustainable development includes not only the economy, ecology and just society, but also spirituality, which raises responsibility to a sustainable moral imperative. The only possible perspective for Europe is substantiated – the creation of a humanistic civilization as a model, functioning as a fatherland of nations. The main aspects of sustainable development are economic, environmental, social and spiritual ones. Sustainability cannot be achieved at all if one of these aspects is neglected.

Annotation: The article describes the history of the creation and evolution of the institution of the Commission of the European Community (Community) in the second half of the XX century. Since the beginning of Western European integration this structure has played one of the key roles in the Community and continues to play now within the framework of the European Union. The relevance of the topic is justified by the interest in the European Union as a whole as the most successful regional integration association at the moment, claiming to be one of the centers of the multipolar world. The main aim of the article is to identify the functions, place and role of the Commission in the European Community. Document analysis, narrative, historical and chronological methods were used as key methods of work. The article provides an overview of the key powers of the Commission, shows their changes under the influence of the process of development of Western European integration. Attention is paid to the presentation of the Commission as a supranational body. The article analyzes the provisions of the fundamental treaties of the European Community: Paris, Rome, Brussels and the Single European Act. Conclusions about the powers and significance of the Commission within the framework of the integration association are made on their basis.

Annotation: Medieval Serbia and Bosnia were in direct contact with Western Europe and Byzantium. Bosnia was part of Rascia (Serbia) until the middle of the 10th century, and since then it has embarked on the path of independent development. At that time, Bosnia was under Byzantine domination, and later, by virtue of Hungary, Western influence prevailed. Both Western and Byzantine influences are visible in medieval Serbia. Since the time of Stefan Nemanja and his son Sava (Saint Sava), Byzantine influence has prevailed. The dual, Western and Byzantine influences on medieval Serbia and Bosnia will be presented through the analysis of four issues: state system, social organization, the penal system and the spiritual (ecclesiastical) area.

Annotation: This paper discusses the main stages of the legitimization of the bureaucratic apparatus in Russia in the first half of the XIXth century. The author‘s purpose is to analyze the political measures of the Russian government aimed at modernizing the structure, organization and activities of the bureaucracy at both the central and local levels during this period. This topic is relevant in the context of increasing public interest in the efficiency of the functioning of the state apparatus of Russia and its improvement. The historical experience of the authorities in the organization, regulation, as well as the quantitative and qualitative development of domestic bureaucracy deserves attention. As the main results, the author formulates the requirements for officials that have developed at the legislative level. It is concluded that by the middle of the XIXth century, the bureaucratic apparatus had become one of the main forces in the state and society of Russia.

Annotation: The article discusses the session of the State Assembly (Sabor) held in 1389, after the battle of Kosovo, the death of Prince Lazar and great losses. The Assembly, headed by Princess Milica, who ruled in the name of the underage Prince Stefan, decided to subjugate the country to Sultan Bayazid and to let him marry Princess Olivera, Stefan’s sister. The author analyzes the few available sources that mention this Assembly, and the significance of its decisions.

Annotation: The modern approach to the institutions of marriage and family is considered in the context of historical and comparative legal analysis of legislative acts, as well as dogmatic norms of church law. Considerable attention is paid to the responsibilities of spouses as moral and legal regulators of family relations. Based on the traditional meanings and values of marriage, a consistent ethization of the family legislation of Russia is proposed, which will allow avoiding neoliberal tendencies that significantly hamper the development of modern family policy.