PROBLEMS OF THEORY AND HISTORY OF LAW AND THE STATE
The article deals with the generalized concept of legal realism as the normative communication of people being carried out through the variety of normative systems used by them and a kind of legal thinking, understood as summing up practical phenomena under a legal norm, which is one of the variants of the rational understanding of law, not ascending to the comprehension of its essence, stopping at the direct perception of visible normative communication of people as a valid law, the process of formation of which in this case remains unknown. The substantiation of the transition from the positivist interpretation of the concept of legal realism to the philosophical-legal one, made in the doctrine of law by G. Hegel and R. Iering, is given.
Russia, like most countries of the world, is going through a difficult painful period of its development, accompanied by attempts by the state to normalize most areas of life of citizens, business and management. Taking into account official calculations of the number of regulations simultaneously in force in the country and reports of the lower house of the Federal Assembly of the Russian Federation on monographic laws and amendments adopted by it annually, it follows that about 100 million legal rules are addressed to Russians. With so many prescriptions, the most qualified caste of lawyers and the administrative apparatus of any state will not cope properly. A huge regulatory array generates the need for a burdensome number of officials for the budget, intersectoral collisions and selective application of legal norms, corruption, distraction of the population from material and spiritual production, social nervousness. The negative consequences of excessive in terms of the volume of accepted and the speed of updating of existing regulations of the legal system of society have been noticed and evaluated in science. The main drawback of lawmaking has been called «legislative inflation», understood as a steady increase in regulatory arrays and their permanent novelization. Hence, domestic lawyers concentrated mainly on technological claims to the parliament and attempts to provide it with appropriate methodological assistance. The article also attempts to develop the problem. Relying on economic and medical knowledge, doctrinal views of Russian and foreign scientists, it is shown that excessive legal regulation has reached the threshold of a pandemic and evidence of this is given: it covers not only parliamentary, but also law enforcement activities; the private-property virus of this negative state is identified and characterized; the legal pandemic is linked to privatization, property inequality, atomization of the population and his moral anemia; methods of gradual, balanced displacement of legal rules by moral imperatives, religious teachings, the experience of the older generation, rituals and traditions, examples of asceticism and heroism from the history of ethnic groups, sayings and proverbs are proposed. As a result, it is stated that in critical periods of evolution, even the «consumer» society becomes aware of the truth – intangible assets are no less important than property wellbeing and a well-ordered life for the arrangement of a peaceful productive life of the people.
Debates about the role of Nicholas II in the Russian history bring about an issue of whether the Emperor facilitated or retarded the development of Russia. Emigrants and Soviet historians contemporary with the February Revolution had a prevailing opinion that it was the Emperor's refusal to cooperate with the society and attempts to solve vital problems resorting to “reforms from above” that led to “revolutions from beneath. In the recent years, a number of authors have written that both on the initiative and under the leadership of Nicholas II, modernization of all spheres of the society kept a rapid pace. It was not the Tsar who hindered the development of the country but the society represented by the State Duma and the State Council (too slow to consider the Emperor’s bills).Besides, external and internal cataclysms (wars and revolutions) hindered the transformational activity of Nicholas II and the country's progress. The purpose of the article is to analyze the attitude of Nicholas II to the idea of transferring some of his powers to society, namely, the State Duma.
The dependence of various groups of the enslaved population of feudal Circassia had a significant gradation. The article analyzes the Circassian historical terms related to the estate of tlhukotli-pshitli (beslen-pshitl / pshi-una-ogg, ogg, lagunapyt, laguna-pshi, unaut), their correspondence to Russian historical terms peasant, serf, serf is revealed. The legal status of various categories of Tlhukotl-Pshitli is characterized on the basis of the analysis of the norms of Adyghe Khabze, their characteristics are given from the point of view of belonging to various categories of Pshi-Works, Azat and Ogg. The effect of the norms of Adyghe Khabze in relation to Tlhukotl-Pshitl is illustrated by information from narrative sources.
The article is devoted to a brief analysis of the legal terminology of the Chechen language, its glottogony and content. Objectively, it so happened that over the past few centuries of their history, the Chechens have been in permanent wars, defending both their national interests and the interests of neighboring Caucasian peoples, states, as well as the great empires in which they were part. Therefore, it is quite natural that the Chechens' long-term trade, economic, political, legal, social, spiritual, cultural and military contacts with the Arab Caliphate, the Persian, Ottoman and Russian Empires had a significant impact on their legal terminology. One of the results of their co-existence was the formation of a completely new legal terminology, the national basis of which was supplemented by terms borrowed by Chechens from Arabic, Persian, Turkish, Latin and Slavic (Romance-Germanic) language. The author of this study, based on direct and indirect (indirect) sources of the state-legal life of the Chechen people, presented a general description of the legal terminology formed at the present stage of the state-legal and historical development of the Chechens.
PROBLEMS OF CONSTITUTIONAL LAW
The article is devoted to the consideration of the phenomenon of the retroactive effect of the law in the context of a more general problem the effect of the law in time. Actively using the legal positions of the Constitutional Court of the Russian Federation and the norms of sectoral legislation, the author offers the most general conceptual approaches to understanding the retroactive effect of the law. According to the author, the most relevant area of application of the retroactive force of the law is the sphere of interaction between the citizen and the state. The author also concludes that there is a need for detailed legislative regulation of the relevant sphere of relations, due to the particular importance of this problem in the context of building a rule of law state, the stability of the legal system of which provides the necessary level of citizens' confidence in the state as a whole.
The article substantiates the thesis that the classical constitutional and legal analysis does not allow to satisfactorily explain the legal and political processes taking place in the post-Soviet period in the Kyrgyz Republic. Their comprehension is carried out within the framework of the political-anthropological approach. The review of numerous editions of the Constitution of the Kyrgyz Republic shows the formation of a conceptual and regulatory framework for neotraditionalization, within which national traditions are considered as the basis for the development of the state. The process of institutionalization of relations built on the principles of traditional values through the inclusion of the People's Kurultai and kurultais of local communities in the political system of the Kyrgyz Republic is characterized. The conclusion is substantiated that in the presence of a tendency to introduce a pro-Western model of democratization, attempts to maintain a pro-Russian orientation, there is a strengthening of the ideology and practice of neotraditionalism. This suggests that further constitutional and legal processes in the Kyrgyz Republic will develop along their own trajectory.
PROBLEMS OF PROCEDURAL AND ADMINISTRATIVE LAW
The article examines the legislation of foreign countries on the reconciliation procedure, namely the provisions regulating the work of conciliation procedures that are not represented in Russian legislation. The author identifies possible problems of applying the conciliation procedures discussed in the article on the territory of the Russian Federation. The relevance of the work lies in the high importance of the institution of reconciliation as a way of settling a legal dispute. Conciliation procedures are now important in resolving conflicts between the parties to the dispute, as well as in increasing citizens' confidence in the court and the judicial system as a whole. The purpose of the study is to analyze the provisions of the legislation of foreign countries on conciliation procedures in the arbitration process and to identify the possibility of using previously unknown to Russian legislation conciliation procedures. The subject of the study is the norms of the procedural legislation of the French Republic, the Norwegian Law on Arbitration, as well as the legislation of the United States of America on conciliation procedures. By analyzing the norms of the current foreign legislation and doctrine, the author substantiates the practical impossibility of applying the conciliation procedures presented in the article. This conclusion is made on the basis of an analysis of the provisions of the arbitration procedural law of Russia regulating reconciliation issues. The author notes that the current state of the institute of reconciliation in Russia simply will not be able to properly settle the issues of a new type of conciliation procedure.
To date, this topic is relevant, since in the age of information technology there are real prospects for improving arbitration justice through the introduction of electronic court proceedings. The purpose of this article is to identify the problems that have arisen in the process of implementing electronic legal proceedings in the arbitration process.
The article analyzes the current legislation in the field of prevention of juvenile delinquency, discusses the tasks of the Department of Internal Affairs for the prevention of neglect and juvenile delinquency. The main indicators of the protection of minors are: reduction of mortality and injuries, ensuring the interests of children in all spheres of life, education of a harmoniously developed and socially responsible personality based on spiritual and moral Russian values. The positive and negative aspects of the activity are revealed, the problems of the implementation of the current legislation by the juvenile affairs units are identified, which include: insufficient organizational and staff support of the juvenile affairs units of the territorial bodies of the Ministry of Internal Affairs of Russia; problems related to the fact that the administrative responsibility of minors comes from a certain age; the refusal of parents from the procedure of medical examination of minors as a way to avoiding responsibility.
PROBLEMS OF CIVIL AND BUSINESS LAW
The article is aimed at developing practical recommendations for overcoming the problems of changing and terminating smart contracts due to gaps in their legislative regulation. The authors analyze the possibility of applying the general provisions for changing and terminating the contract, enshrined in Chapter 29 of the Civil Code of the Russian Federation, to a smart contract. The article proposes legal mechanisms for changing and terminating a smart contract. The authors conclude that now, when changing and terminating a smart contract, it is not enough to rely on the general provisions of the Civil Code of the Russian Federation, there is an urgent need to solve this problem both through legislative changes and by developing practical mechanisms for implementing existing grounds and methods.
The article is devoted to the analysis of responsibility for the legal status of spouses and the existence of a limited liability company. To date, questions have been raised about the relationship between the norms of family and corporate law on the choice of the procedure for using and distributing shares as property owned by spouses on the other hand. The authors, analyzing judicial practice, come to the emergence of an unusual nature of the application of legal statuses depending on the underlying legal relationship.
The article raises the question of the lack of terminological unification in the legislation that regulates business relations. Using the example of the form and method, the author demonstrates some legislative decisions concerning the use of these terms as a verbal expression and the consolidation of certain permissive regimes (mandatory requirements) addressed to entrepreneurs. At the same time, the position on the use of the term "form" in relation to the name of a specific permissive regime (mandatory requirement) applied to individual business entities is substantiated.
This article examines the legal regime of computer programs on the Internet, in particular those operating under the General Public License (GPL). The article analyzes the definition of GPL, its main characteristics and its compatibility with Russian legislation. It also discusses the concept of "copyleft" and how it affects the distribution and modification of GPL-licensed software. In addition, the paper discusses adaptation and its relation to modification under the GPL. The study provides important insights into the legal aspects of the distribution of GPL-covered software on the Internet and their impact on the software industry.
The launch of the digital ruble by the Bank of Russia is a distant prospect or a new reality, time will tell. The first priority for the implementation of the project is the creation of a regulatory framework. The article analyzes the proposed bills regulating the introduction of the digital ruble into circulation, focuses on the existing individual shortcomings. The author draws attention to the current problem of understanding non-cash money in general, which is not resolved, and with the advent of a new form of the ruble, it only gets worse. The legal nature of the planned introduction of the digital ruble is ambiguous and uncertain, as well as the purpose of justifying its implementation. The author made suggestions regarding possible options for the legal regulation of the digital ruble and the corresponding conclusions.
ПРОБЛЕМЫ ТРУДОВОГО ПРАВА
Within the framework of this article, the author analyzes the existing features of individual labor disputes considered by the courts, as well as scientific discussion regarding such features. Also, within the framework of this issue, the specifics of the distribution of the burden of proof are investigated when courts consider certain categories of employee and employer claims.
PROBLEMS OF CRIMINAL LAW
One of the main features of criminal law has long been recognized as its increased coercive force in comparison with other branches of jurisprudence, which makes it necessary to gradually limit this property to a socially tolerant level. The article presents arguments in favor of a qualified study of the cultural foundations of criminal responsibility and highlights two main directions of spiritual rehabilitation of our knowledge and practices of their application – which products of creative creativity of an ethnic group should be protected by criminal legal measures and which cultural requirements of an ethnic group should meet the criminal law itself.
The development of the technical capabilities of the media to expand the audience, combined with an increase in the share of action-packed literature, films and TV series, raised the question of the nature of the impact of this cultural product on public consciousness. What is primary and what is secondary – the fight against crime in fiction or the same process in real life? Despite the seemingly obvious answer, there is no consensus on this issue. The attempts made by individual dissertators to achieve certainty in the above dilemma give interesting results, but such studies are isolated. Therefore, a purposeful and thorough study of action-packed works and the process of their impact on public consciousness seems relevant.
The article is devoted to topical issues of criminally-legal impact, which is substantiated and considered as a sociocultural phenomenon. The purpose of this study is to form new scientific knowledge about the criminally-legal impact using the sociocultural approach as the methodological basis of the study and to identify the main directions for understanding and improving the measures of criminal legal impact at the present stage of society development. The methodological basis of the study is a sociocultural approach to legal phenomena, using comparative historical, system analysis, axiological and other methods of scientific knowledge. The patterns of understanding of punishment in the socio-cultural context are revealed. The modern understanding of punishment as a form of realization of criminal responsibility is determined. The development of the restorative-compensatory potential of the criminal-legal impact is substantiated. The task of searching for a universal value basis for measures of state coercion in criminal law is formulated. Based on the socio-cultural approach, it is proposed to determine the prospects for the development of criminally-legal impact and criminal law.
GOLDEN PROPORTION IN JURISPRUDENCE, LEGISLATION AND PRACTICE OF ITS APPLICATION, LEGAL EDUCATION
This article examines the application of the golden ratio, also known as the golden proportion, in jurisprudence. The golden ratio is a mathematical and aesthetic principle that has been known since ancient times, and its application in various fields of knowledge has attracted the interest of researchers. The article explores examples of the use of the golden ratio in legal practice, including the analysis of legal texts, argumentation, and the making of judicial decisions. Drawing on existing research and theoretical concepts, the article also discusses the prospects of applying the golden ratio rule to enhance effectiveness and fairness in jurisprudence. The author was inspired by the monograph "The Golden Ratio and Evolution: An Introduction to the General Theory of Non-local Evolution" by Kokin A. V. and Kokin A. A., published in 2022, where the authors examined the theory of the golden ratio through the lens of the synergistic paradigm.
REVIEWS
The works of a well-known domestic specialist, Doctor of Historical Sciences, Professor V. D. Dzidzoev, who is three times a VAK professor in three specialties: national history, political science, theory of state and law, are analyzed. The "Selected Works" includes the most valuable scientific works, which have not lost their relevance even today. The compilers included not only highly interesting works on various aspects of Russian history, political science, the theory of state and law. The four-volume book under review includes an interweaving of historical, political science and legal concepts in relation to the post-Soviet period. An assessment is given to the scientist who in previous years formulated in various scientific studies the author's definitions (definitions) of such important concepts as interethnic conflict, interethnic war, indigenous people, etc.
SCIENTIFIC LIFE
ЮБИЛЕЙНЫЕ ДАТЫ
ISSN 2687-0304 (Online)














