№ 3 (2025)

The scientific legacy of corresponding member of the USSR Academy of Sciences Georgy Alexandrovich Aksenenok is still in demand by representatives of the science of land law, as well as related industries, despite the fact that the main of his works were written many years ago in a completely different era. However, the problems that were considered by G. A. Aksenenok have not lost their relevance to this day. These are issues such as the importance of state ownership of land, the subject of Land Law, its place in the system of Russian law, rational environmental management, problems of land management, responsibility for violation of land legislation and many others. The article shows that G. A. Aksenenok had a great influence on the development of not only land, but also other natural resource branches of law, and also made a significant contribution to the formation of Agrarian and Environmental Law.

Today, the world stands on the threshold of the sixth technological order and a new scientific and technological revolution. The development of artificial intelligence technologies has transformed almost all spheres of human life, influenced his socio-cultural space, forming new models of self-awareness and self-identification, changing the idea of freedom, rights and responsibilities. In the context of the digital paradigm, the idea of digital human rights is emerging as a response to new, previously unknown threats to human identity. The article pays special attention to the impact of digital technologies on the biological and social (spiritual) nature of man. It is postulated that digital technologies have an impact, if not on the essence of a person, then on the self-perception of this essence, on the image and meanings of human life, creating prerequisites for the establishment of a new generation of human rights.

The article examines the problems of the dialectic of legality, which serves as an appropriate basis for understanding and interpreting the combination of abstract semantic and real-material (figurative) characteristics in it. This approach introduces significant clarifications to the idea of legality as a fundamental legal idea, which at different levels of its hierarchy (internal and external) is accompanied by important points and relevant features. Based on the achievements of the Russian philosophical tradition, the author demonstrates the possibilities of considering legality as an idea in terms of its expression in reality and the influence of various dominants of an internal and external nature. This allows us to determine the role of schematism, illustrativeness, as well as the possibility of achieving a balanced ratio of abstract semantic and figurative aspects of legality. The proposed understanding of the dialectic of legality makes it possible to significantly review the effectiveness and cognitive potential of various interpretations of the idea of legality in the political and legal doctrines of the past and present, to clarify the originality and place of the corresponding interpretations in the evolution of ideas about basic legal issues such as legality, law and order, the legal system, etc. The article also shows that current trends in the analysis of legality in foreign literature focus on issues that have already taken place in legal studies of the past, especially in Russian philosophical and legal literature.

The purpose of the article is to streamline the categorical apparatus of the science of Electoral Law as a part of the science of Constitutional Law (scientific constitutionalism).

For the first time, the article draws attention to the different understanding of the categories of absenteeism, protest (political and electoral), as well as the legitimacy of the winning candidate by lawyers and representatives of other social sciences. Lawyers define absenteeism as non-participation in elections (from the word “absent”), and sociologists and political scientists as a form of political participation. In scientific constitutionalism, in addition to absenteeism, there is a broader category of electoral protest, which includes agitation against participation in elections and participation in various forms of protest.

Lawyers and representatives of other humanities have different understandings of the legitimacy of the candidate who won the election. For a lawyer, any winner is legitimate, regardless of the percentage of votes received, unless proven otherwise in court. Representatives of other sciences tend to measure the legitimacy of the winner in terms of the percentage of votes.

The role of the Constitutional Court of the Russian Federation and electoral technologies in the evolution of protest voting in Russia is considered. The author proves the need to return the line “against all” and the turnout threshold in the elections, which would guarantee civilized forms of electoral protest.

The article reveals for the first time in a general theoretical context the problems of studying legality in an inseparable unity with the concept of legal activity and a systemic approach. It traces the understanding of the ideas of legality that have developed in science by representatives of different eras and trends. It is noted that legality in a methodological context plays the role of an important criterion of lawful or unlawful in social activity as a whole. The author analyzes the basic characteristics of legality as a system, reveals the definition of the concept of legality at the empirical level as one of the forms of expression of legal activity, which is a methodological “key” to understanding legality as a general legal phenomenon.

The subject of the article is the formation of a national strategy for state human rights activities. An analysis of scientific views on the formation of a strategy for state human rights activities available in modern legal literature is carried out, the state of state protection of human rights is analyzed, strategic guidelines and opportunities for increasing the effectiveness of national state human rights activities are outlined, mechanisms for creating a strategic planning document in the field of human rights protection are proposed. Strategic human rights documents of more than 30 countries of the world are studied, their strengths and weaknesses are identified. During the analysis of these documents, in particular, issues about their content, characteristic and distinctive features, goals, objectives and principles, about the terms of validity and the procedure for adoption were studied.

Based on the conducted study of scientific literature, regulatory legal acts and state human rights practice, the author substantiates the need to adopt a national strategic document in the field of human rights protection in Russia at the federal level. His own vision of the conceptual approach to the concept, structure and main provisions of this document is proposed.

It was concluded that the adoption of this document will contribute to strengthening the national state human rights system in the context of increasing pressure from the collective West and the conduct of a special military operation.

The legal regime is proposed to be understood at the same time statically as the order of entrepreneurial activity established by the norms of objective law, and in dynamics as the granting of additional subjective rights to entrepreneurs or the introduction of restrictions for them, depending on the purpose of state legal policy in the process of applying law. The conclusion is made about the pluralism of legal regimes in the Arctic. The types of legal regimes are highlighted, the peculiarities of legal regulation of certain types of regimes are revealed. Amendments to the insolvency law with a focus on the rehabilitation of debtors and their enterprises are proposed.

The article deals with issues related to the classification of investments. These issues have repeatedly attracted the attention of specialists, giving reasons for research. It is shown that the economic and legal literature, investments are systematized on various grounds, for example, the division of investments by investment objects, by sources of capital attraction, by timing and degree of risk. Much attention is given to the relationship between economic and legal classifications of investments, as well as their consolidation in investment legislation, in order to solve legally significant issues arising in practice. It is stressed that investment classification depending on the forms of organization of investment activities (individual and collective) has been reflected in regulations concerning investment funds, investment platforms, investment of funded pensions, and the stock market. These acts fix the features of collective investment with the help of mutual funds, investment platforms (including crowdfunding), non-governmental pension funds and trust managers. Thus, certain legally significant consequences are associated with the presence or absence of a classification feature. Therefore, in order to apply special provisions of investment legislation, it is necessary to identify which type of investment specific investments belong to.

The purpose of the article. The author sets the goal of defining the legal nature of finance as a specific form of economic relations that is instrumentally related to public administration and brings to life a wide range of legal instruments for their regulation. Result: It has been established that the monetary issue carried out by the state is the reason for the emergence of public-law monetary relations, called finance. The latter exist only in the form of financial obligations, the emergence and fulfillment of which generates a wide range of organizational, procedural and law enforcement support management tools.

The article is about “international courtesy” principal evolution and significance. “Comitas gentium” is not so much teaching on recognition of foreign laws effect, based on individual discretion of sole judge, some influential publications are in support of that standpoint, rather this is basic concept of margins of foreign law force in national legal order. The contrary allegation leads to legislative faults. The author asserts that comitas gentium is the principal of International Law compulsory for states but not only directly applicable by discretionally power of judge or arbitrators. That may bring chaos for judicial and arbitration practice without explicit statutory indications.

This article is devoted to the study of post-Soviet transformations of the state and law of the Republic of Kazakhstan. The accent element is the study of the objects, scope and limits of Continuity and reception in the formation of statehood and the legal system of the modern period. According to the author, the public legal system of the Republic of Kazakhstan of the modern period contains objects of direct continuity of Soviet State Law, a significant amount of Received material of Russian Constitutional Law, with the systematic use of horizontal and vertical reception of provisions of other donor spaces (international and/or foreign).

The current state of the crimes constituting bribery in China shows such trends and characteristics as diversification of crime methods, the phenomenon of “hunting in the environment”, deep penetration into all spheres of state activity, large volume of bribes and high level of latent crime. Criminal legal regulation of bribery-related crimes, since the Regulations of the People’s Republic of China on the Punishment of Corruption of April 21, 1952 first included these crimes in the sphere of criminal law regulation, has passed from a separate Criminal Law, the Criminal Code of the People’s Republic of China in 1979 to the Criminal Code of the People’s Republic of China in 1997 with Amendments to the Code. China’s system of criminal law regulation of bribery has become increasingly sophisticated, presenting such unique mechanisms as coordinated management based on supervisory law and the right to punish, a “parallel approach” to sanctions for the offenses of bribery and corruption, convergence of criminal law assessment of the crimes of civil servants and employees of private enterprises as subjects of bribery, and differentiation of criminal law response to these offenses from “leniency” – a “combination of leniency and severity” – “tightening” to joint investigation and sentencing for giving and receiving a bribe. The analysis of the status of bribery offenses in modern China and the characteristics of their criminal law regulation leads to a number of suggestions, including the application of a separate sanction model for bribery instead of the current parallel model with the punishment for corruption; the establishment of effective criminal law measures to suppress bribery through reliable mechanisms, strict justice, and improved legislation; the application of adequate penalties for bribery committed by employees of private enterprises; identifying new types of offenses constituting bribery using Big Data analysis.

The article is devoted to a little-studied episode from the life and biography of A. F. Kerensky, connected with his emigrant journalism of the 1920^s–1930^s, dedicated to his reflections on the USSR. In the late 1920^s, in some political articles, he predicted that the Soviet state in the domestic sphere would develop in the direction of national and state unity and overcoming the division into classes, from a “class state” to a democratic state. А. F. Kerensky expresses confidence that a new ideology is being created in the USSR, which will be adopted to replace the old one, based on the principles of proletarian internationalism and the dictatorship of the proletariat. In a number of important publications in 1936, on the problems of Soviet constitutional reform, he reveals the essence of the principle the of State of all the people, which is incompatible with the principle of the dictatorship of the proletariat. In a series of articles of 1936, A. F. Kerensky reveals the essence of the new principle of the State of all the people, which, in his opinion, was laid at the foundation of the new ideology of the Soviet state by I. V. Stalin.

The article is devoted to certain problematic issues of the objective side and the subject of the crime provided for in Article 302 of the Criminal Code of the Russian Federation. The article reveals the concept of illegal coercion. The main direct object of the crime provided for in Article 302 of the Criminal Code of the Russian Federation is revealed through the prism of the concept of the plenitude of judicial power, which is not given enough attention in the domestic procedural doctrine. The article also considers certain problematic issues related to the amendments to Article 302 of the Criminal Code of the Russian Federation introduced by Federal Law No. 307-FZ of July 14, 2022 “On amendments to the Criminal Code of the Russian Federation”.

On October 23, 2024, the Institute of State and Law of the Russian Academy of Sciences hosted the International Scientific Conference “Comparative State System Studies. To the Centenary of Birth of V. E. Chirkin”. Representatives of leading scientific institutions and universities of Russia, as well as researchers from Belarus, Abkhazia and Kazakhstan took part in it. They discussed the issues related to V. E. Chirkin’s contribution to the development of Russian comparative state system studies and topical problems of organization and functioning of modern states.