Contents of issue # 2/2021

■ STATE AND LAW IN THE MODERN WORLD: PROBLEMS OF THEORY AND HISTORY

Law Based Managing the Pandemic Crisis: World and Russian Experience

T. Y. Khabrieva

Talia Y. Khabrieva
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, office@izak.ru, https://orcid.org/0000-0002-6190-6338

Abstract. The global pandemic crisis caused by the spread of the new coronavirus infection COVID-19 has required states and the international community to mobilize efforts to overcome it. States seek to control the evolution of this crisis, to minimize its negative impact on various spheres of society, the economy, the social sphere, the daily life of citizens and its quality. To this end, all available opportunities and means, including law, are used. Due to the fact that supranational institutions have not been able to propose effective and universal measures or strategies to combat the pandemic and related crisis phenomena in a timely manner, states, relying on national law, had to establish their own crisis response and management systems. These systems are mostly local and relatively closed in nature, focused on internal problems, taking into account their scale, capabilities and resources of the national legal order.
The article presents the results of a study of domestic and foreign practice of using the opportunities of law to counteract the pandemic. The author shows similarities in the legal component of the national systems for the management of pandemic crisis, the legal instruments used for this purpose, means and methods of maintaining balance between the fundamental rights and freedoms, on the one hand, and overcoming threats to life and health through the use of extraordinary measures on the other. Based on the criteria developed by the doctrine, an assessment of the state-legal practice of managing the pandemic crisis is given, as well as proposals for the formation of a modern model of legal regulation in emergency situations are formulated.

Keywords: COVID-19, acts of temporary action, anti-pandemic legislation, protective capabilities of law, pandemic, law, legal regime, high-alert or emergency mode, emergency powers

For citation. Khabrieva T. Y. Law Based Managing the Pandemic Crisis: World and Russian Experience. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 5—17. (In Russ.) DOI: 10.12737/ jrl.2021.015

■ CONSTITUTIONAL AND MUNICIPAL LAW

From the New Principles of Public Policy to the New Legislation on Local Self-Government

E. M. Buchwald

Eugeny M. Buchwald
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, buchvald@mail.ru, https://orcid.org/0000-0001-9892-5930

Abstract. During the meeting of the Council for the development of local self-government on January 30, 2020 the President of the Russian Federation Vladimir Putin made a proposal to elaborate a new version of the document, which embodied the fundamental principles of the state policy on developing local Russian self-governments. Such an initiative should be considered, first of all, in the context of further improving the economic and legal foundations of the Russian federal statehood, strengthening power and management vertical, developing civil society institutions and various forms of their interaction with public authorities. Another important premise for significant adjustments in the state policy in the sphere of local self-government is the need for more active and effective inclusion of the municipal management level in the emerging system of strategic planning and strengthening its contribution to achieving both economic and social priorities of the Russian Federation. It becomes more actual when the task positions the role of municipal management in ensuring the conditions of national — including economic — security of the Russian Federation more clearly. In this regard, it is reasonable to assume that the new Principles of public policy in the sphere of local self-government should be corresponded with a significant updating of the legislative framework, which regulates the basis of local self-government as the most important institution of modern society and the state.
The task, set by the author in this article, is to determine the fundamental changes in the legislation on the local self-government, which correspond to the new goals and tools of this vector of the state policy. It supposes legal innovations, which aim to facilitate the greater role of local self-government as one of the foundations of sustainable socio-economic development of the country. Its purpose is also to strengthen democracy based on the interaction of institutions of state power and civil society. The task of the research also touches on the issues of institutional diversity within the system of local self-government. It adapts to the specifics of various types of Russia's regions and individual territories.
The research methods are based on the analysis of the existing legal framework on the issues of local self-government, strategic planning and civil society development. The research methods also include an analysis of the situation in the sphere of economic (financial and budgetary) provision of various types of municipal units.
The author proposes appropriate changes and additions to the legislation on the general principles of local self-government, strategic planning and security.

Keywords: local self-government, economic basics, state regulation, separation of powers, institutional structure, civil society

For citation. Buchwald E. M. From the New Principles of Public Policy to the New Legislation on Local Self-Government. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 18—29. (In Russ.) DOI: 10.12737/jrl.2021.016

Continuity in Constitutional Law in the Context of Constitutional Identity

T. I. Ryakhovskaya

Tatyana I. Ryakhovskaya
Siberian Institute of Management, Russian Presidential Academy of National Economy and Public Administration, Novosibirsk, Russia, dnight@mail.ru, https://orcid.org/0000-0003-1454-0182

Abstract. The author reveals the lack of unity of position in the foreign and domestic doctrine regarding the definition of the concept of “constitutional identity”. It is noted that the specified term cannot characterize the features of states. In this regard, the introduction of the term “constitutional originality” is proposed, which is more consistent with the Russian-language translation used in the European Union Treaty. The relevance of concretization of this concept is connected, first of all, with the increasing role of supranational judicial bodies. Thus, despite the fact that Russia is not a member of the European Union, this approach can promote more productive dialogue with the European Court of Human Rights. 
In this regard, the study aims to justify the need to introduce the term “constitutional originality”. The main task is to illustrate its components; a special attention is focused on the continuity in constitutional law, as one of the specific parameters of its manifestation.
The methodological foundation of the study is the dialectical, formal-logical and formal-legal methods. In particular, the use of the dialectical method contributes to the study of the terms “constitutional identity”, “continuity” in their formation and development. The formal logical method contributes to the distinction between the concepts of "constitutional identity" and “constitutional originality”. The formallegal method justifies the position on the existence of continuity in constitutional law.
As a result, it is proposed to pay attention to the fact that constitutional identity and originality are not synonyms. Here the latter is characterized by continuity. Moreover, not all modern scholars share the opinion that continuity in constitutional law occurs and is continuous. However, it can be found through detailed examination. This connection is better seen with previous doctrine and practice, which is commonly called constitutional restorations and has the forms, which are used to consolidate constitutional and legal norms. It seems that continuity in constitutional law is one of the forms of preserving constitutional originality.

Keywords: constitutional identity, constitutional originality, continuity in constitutional law, constitutional restoration, reception

For citation. Ryakhovskaya T. I. Continuity in Constitutional Law in the Context of Constitutional Identity. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 30—44. (In Russ.) DOI: 10.12737/jrl.2021.017

■ CIVIL AND FAMILY LAW. ENTREPRENEURIAL LAW

Legal Status of a Joint-Stock Company: Issues of Identification and Change

I. S. Shitkina

Irina S. Shitkina
Lomonosov Moscow State University, Moscow, Russia, ishitkina@shitkina-law.ru

Abstract. Many joint stock companies, which have never planned to raise funds in the financial market, but once placed shares due to the privatization process, have been recognized as public companies, which are subject to the mandatory legal regime. This was a result when legislation on entities' activity was reformed. In practice, inconsistency between the legal form of a legal entity (public company) and its economic (essential) substance (closed corporation) gives rise to lots of problems. In particular, such quasi-public companies must disclose information, and they may not take advantage of optional provisions of laws to create the corporate structure available to non-public companies.
This article aims to analyse the conditions and manner of how to change the status of entity from a public joint stock company to a non-public company; and to eliminate defects in the state registration of joint stock companies that bring their firm name and documents into line with the current laws. As a possible solution to the problem, the author offers to amend the legislation in a manner that makes it possible to change the above mentioned status irrespective of the number of shareholders by using the simplified procedure. Such an approach seems to be possible due to elimination — from 1 January 2020 — of the criterion relating to the number of shareholders. This would allow the Bank of Russia to make a decision on exclusion of a joint stock company from the obligation to disclose information pursuant to Article 30 of the Securities Market Law. According to the author, there is a way to eliminate defects in the system of the state registration of legal entities and prevent cases of unlawful refusal to make state registration of changes in the constituent documents of a joint stock company that brings its constituent documents into line with the current laws. The best solution would be to provide the Federal Tax Service with access to information about whether or not the joint stock companies have any signs of publicity — the information, which the Bank of Russia is aware of.

Keywords: public joint stock company, non-public joint stock company, change in the status of a joint stock company

For citation. Shitkina I. S. Legal Status of a Joint-Stock Company: Issues of Identification and Change. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 45—55. (In Russ.) DOI: 10.12737/jrl.2021.018

The Concept of Relational Contracts in Modern Practice

N. V. Zaytseva

Natalia V. Zaytseva
Russian Presidential Academy of National Economy and Public Administration, Moscow, Russia, zaytsevanv@gmail.com, https://orcid.org/0000-0002-3636-8339

Abstract. The article studies the theory of relational contracts, its main approaches, principles and application features. In the common law system, the regulation of contractual models with a high level of uncertainty gains new development. The reason for this is a series of judgments, in which the courts identifies the main features of such contracts. The changes made to the Russian civil legislation also testify the possibility to use the concept of relational contracts in domestic practice.
The goals and objectives in this study are to identify common criteria and features specific to relational transactions and to identify “implied” conditions applicable to these contractual models. Another objective is to consider the relationship between a relational contract and a framework agreement existing in Russian law and other obligations, which have open conditions.
The following research methods are used in the work: general scientific methods of empirical comparison, description and interpretation, and private scientific methods: comparative legal, historical and system analysis methods.
As a result of this research, the authors identify essential criteria and conditions of relational contracts; investigate the relationship between the relational contract and fiduciary transactions; and framework agreements, which determine the conditions for applying the good faith principle in relational transactions.

Keywords: theory of relational contracts, the doctrine of incomplete contracts, the principle of good faith, fiduciary transactions, framework agreements, agreements on joint activities

For citation. Zaytseva N. V. The Concept of Relational Contracts in Modern Practice. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 56—72. (In Russ.) DOI: 10.12737/jrl.2021.019

■ LABOR LAW AND SOCIAL SECURITY LAW

Decent Work: International and National Approaches

L. A. Chikanova

Liudmila A. Chikanova
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, labour@izak.ru, https://orcid.org/0000-0003-1912-2545

Abstract. The article analyzes various approaches to the concept of “decent work”, which is formulated in international documents and in the legal literature. It also considers the criteria that characterize work as decent. It is noted that, despite the various formulations of the concept of “decent work” proposed by scholars, they all reflect the main idea embodied in the ILO Framework on Measurement of Decent Work. Based on the provisions of the Concept and the scientists' views, the author identifies two approaches to the characteristics of the “decent work”. The first one describes the work of an individual in a particular workplace. The second approach refers to the “collective labor” that is, labor carried out by a team of employees of the organization. The author does not share the position of some scholars who suggest that in order to give legal certainty to the concept of “decent work”, it is necessary to enshrine the right to decent work as an independent principle in the Labor Code of the Russian Federation. According to the author, the inclusion of a new legal category in the labor legislation without determining its specific content cannot achieve the stated goal. To reveal its content, the provisions that have already set out in Article 2 of Labor Code of the Russian Federation will have to be duplicated. The author believes that in order to give the category of “decent work” more certainty, its criteria should be formulated in the program documents of the President of the Russian Federation and the Government of the Russian Federation. They would reflect the goals and ideology that should underlie the development of legislation. This could undoubtedly involve the criteria that have to be objective in fact.
Based on the analysis, the author comes to the conclusion that the provisions of the ILO Framework on Measurement of Decent Work are reflected in the labor legislation of the Russian Federation. The task is to ensure that they are effectively transformed into specific legal norms governing labor relations.

Keywords: decent work, safety, fair wages, principles of legal regulation, decent work criteria, ILO Framework on Measurement of Decent Work, ILO program

For citation. Chikanova L. A. Decent Work: International and National Approaches. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 73—81. (In Russ.) DOI: 10.12737/jrl.2021.020

Problems of Legal Regulation of Practical Training of Students in Educational Institutions of Higher Education

A. A. Kirillovykh

Andrey A. Kirillovykh
Legal Institute, Vyatka State University, Kirov, Russia, kirillovykh2014@yandex.ru, https://orcid.org/0000-0002-0035-9035

Abstract. The article deals with the problem of ensuring legal regulation of practical training of students in higher education organizations.
The author sets the task to study the problems of regulation in the current educational legislation, as well as at the level of the educational organization, the issues of ensuring practical training of students and proposes measures to improve the mechanism of regulation of practical training.
The methodological basis of the study is an analytical method that allows one to consider the practice of regulating issues of practical training. Another method is a formal legal method that allows revealing the system's connections in legal regulation, regulatory features of legal acts and law enforcement practice.
The researcher concludes that at the present time, the practice of regulating relations to provide practical training in educational organizations does not fully meet the requirements of the current Federal educational legislation, the interests of employers and the realities of the modern economy. The implementation of the training program does not have the necessary institutional mechanisms, and educational organizations in the framework of ensuring the educational process face administrative barriers that reduce the level of quality of education in general. As an option for solving institutional, regulatory and technical problems and improving legal regulation in this part, it is proposed to consolidate in the current educational legislation the right of educational organizations to create departments and other structural units. This, however, must include branches (basic units) that provide practical training based on other organizations without licensing their activities. This approach, in turn, should be based on agreements between the parties. In addition, it is necessary to focus on the enlarged groups of areas (specialties) in order to determine a specific list of areas of professional activity in which practical training is required.

Keywords: educational organization, practical training, student, network form, academic mobility, separate division

For citation. Kirillovykh A. A. Problems of Legal Regulation of Practical Training of Students in Educational Institutions of Higher Education. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 82—96. (In Russ.) DOI: 10.12737/jrl.2021.021

■ PROCEDURAL LAW

Exercising the Convicted Person's Right to Judicial Protection When Replacing a Criminal Non-Conviction with Deprivation of Liberty

O. A. Malysheva

Olga A. Malysheva
Kutafin Moscow State Law University, Moscow, Russia, moa_0510@mail.ru

Abstract. Over the past five years, there has been a steady trend of deterioration in the legal status of persons sentenced to serve non-custodial criminal sentences. For a significant number of such convicts (at least 40 thousand annually), it becomes a priority for them to exercise their right to judicial protection, if their sentences are to be replaced by imprisonment. The ECtHR, the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation have repeatedly expressed their position on the need to create conditions for the full exercise of this right by convicts.
The purpose and objectives of the study are: to conduct a formal legal analysis of the criminal procedural law and criminal procedural practice in the part of the conventional rights of the convicted person on judicial protection; to summarize the legal positions of the ECtHR, the higher courts of the Russian Federation on issues of ensuring the right to the protection of persons sentenced to punishment not connected with isolation from society; to give a critical assessment of judicial practice on the resolution of the issue of replacing alternative punishment with imprisonment; to substantiate proposals for improving procedural guarantees for the provision of the considered protection to convicts.
Research methods: dialectical method, logical-legal method, analysis, synthesis, documentary method, method of expert assessments.
Conclusions: the existing regulatory mechanism of the procedure for replacing criminal punishment with deprivation of liberty in national legislation cannot be considered optimal. The article substantiates the necessity to concretize the legal status of the convict in the Code of Criminal Procedure of the Russian Federation with the introduction of specific proposals. It can make it possible to bring the guarantees of the convict's right to judicial protection from accusatory activity in accordance with international standards in the field of criminal proceedings, as well as create a condition for the implementation of these guarantees.

Keywords: convicted person, right to judicial protection, punishment not related to isolation from society, deprivation of liberty

For citation. Malysheva O. A. Exercising the Convicted Person's Right to Judicial Protection When Replacing a Criminal Non-Conviction with Deprivation of Liberty. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 97—112. (In Russ.) DOI: 10.12737/jrl.2021.022

Prospects for Foreign Court Decisions in Russian Jurisdiction: Procedural Problems of Recognition and Enforcement

E. A. Fokin, P. O. Moliboga

Evgeniy A. Fokin1, Polina O. Moliboga2
1Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, evgeniy.hse2018@gmail.com, https://orcid.org/0000-0002-1121-6830
2Moliboga Law Firm, Moscow, Russia, p.moliboga@moliboga.ru

Abstract. The subject of this study is the procedural issues of recognition and enforcement of foreign judgments in the Russian arbitration process (Chapter 31 of the Arbitration Procedural Code of the Russian Federation). The article focuses on the general meaning of this procedure, which is ensure the real, and not formally declared, accessibility of justice. In addition, the extension of the features of national judicial decisions to foreign judicial acts has an economic effect, as it contributes to the investment attractiveness of the state.
The first part of the study reveals the international legal basis for the recognition and enforcement of foreign judgments and especially emphasizes the importance of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms for this procedure. The second block of the study is devoted to the grounds for giving legal force to foreign judicial decisions: an international treaty and the principles of reciprocity. In particular, the author critically assesses the doctrinal positions that call for the principle of reciprocity to be fixed in the domestic procedural law, and provides the risks associated with such consolidation. The third section of the study analyzes the practical approaches of Russian courts to the grounds for refusing to recognize and enforce foreign judgments. Thus, the article continues the discussion about the content of the concept of "public order" in relation to the category of cases under consideration and shows that there are no specific and predictable approaches to this category in Russian judicial practice. The fact that other grounds for refusing to recognize and enforce foreign judgments are practically not applied by Russian courts is also critically assessed.
The authors of the study put forward proposals on possible ways to develop procedural legislation on the issues considered in the article.

Keywords: recognition and enforcement of foreign judgments, access to justice, public order, judicial practice

For citation. Fokin E. A., Moliboga P. O. Prospects for Foreign Court Decisions in Russian Jurisdiction: Procedural Problems of Recognition and Enforcement. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 113—127. (In Russ.) DOI: 10.12737/jrl.2021.023

■ INTERNATIONAL AND INTEGRATION LAW

Dynamics of Changes in the Structure of Intersystem Legal Entities in the 20th — Early 21st Century

B. I. Nefedov

Boris I. Nefedov1, 2
1
National Research University “Higher School of Economics”, Moscow, Russia, boris-nefedov@ mail.ru, https://orcid.org/0000-0002-7762-5979
2Moscow State Institute of International Relations (University), Ministry of Foreign Affairs of the Russian Federation, Moscow, Russia

Abstract. To regulate certain types of cross-border public relations, states have been forming intersystem legal entities since the 19th century. During the 20th — Early 21st century, the qualitative and quantitative characteristics of such formations, as well as their structural elements, have undergone significant changes, the establishment of which is the subject of this article.
The purpose of the study is to identify the general stages of their development and to determine the features of each of these stages based on the analysis of the dynamics of the emergence of intersystem legal entities and changes in their structure during the 20th — Early 21st century.
Research methods: general scientific and special, including the historical method, methods of formal logic, analysis, synthesis, as well as systematic, comparative legal methods and the method of interpretation.
Results and conclusions. In the 20th — Early 21st century in the context of the process of formation of intersystem legal entities and dynamics of changes in their structure elements can be divided in three main stages, each of which either arise fundamentally new types of transformations (in the framework of the public law sphere), or change the established principles of their formation (actual rejection involvement in the regulation of relevant cross-border social relations of foreign law), or appear qualitatively new structural elements.

Keywords: cross-border legal relations, intersystem legal entity, codes of conduct, mandatory corporate rules

For citation. Nefedov B.I. Dynamics of Changes in the Structure of Intersystem Legal Entities in the 20th — Early 21st Century. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 128—144. (In Russ.) DOI: 10.12737/jrl.2021.024

International Law, Foreign Relations Law and a Conception “Comparative International Law”

B. I. Osminin

Boris I. Osminin
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, mp3@izak.ru

Abstract. Recently published research focuses on foreign relations law and comparative international law. Foreign relations law and comparative international law, as well as fragmentation, convey a sense that international law, far from being uniform and universal, is more often contingent, local and to some degree inevitable various.
The term “foreign relations law” is used to encompass the domestic law of each nation that governs how that nation interacts with the rest of the world. The law governing these interactions can take a variety of forms, including constitutional law, statutory law, administrative regulations, and judicial decisions. Foreign relations law serves as a kind of filter for international legal norms.
Comparative international law utilizes insights and methods from comparative law in order to identify, analyze, and explain similarities and differences in how international law is understood, interpreted, applied, and approached by different national and international actors. A key result of the study is that international law is not international, let alone universal, as claimed. The comparative international law approach focuses on the subjective dimension of international law represented by the interpretations of its content by international lawyers. But international law has an objective dimension i.e. rules and principles agreed upon by states and consolidated in international treaties or norms of customary law. International law is a legal system. Most international legal norms are dispositive. This means that they may be modified as well as be set aside by special rule. Within these limits, a comparative international law approach can be useful. As for peremptory norms (jus cogens) from which no derogation is permitted, a comparative international law approach is not applicable here.

Keywords: international law, comparative law, foreign relations law, comparative international law, fragmentation, legal system, subjective dimension, objective dimension, dispositive norms, peremptory norms

For citation. Osminin B. I. International Law, Foreign Relations Law and a Conception “Comparative International Law”. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 145—159. (In Russ.) DOI: 10.12737/jrl.2021.025

■ JUDICIARY AND LAW ENFORCEMENT

Codes of Ethics for Professional Communities: A Guarantee of Independence or an Instrument of Pressure?

V. K. Mikhailov

Viktor K. Mikhailov
National Research University “Higher School of Economics”, Moscow, Russia, vmikhaylov@hse. ru, https://orcid.org/0000-0001-7324-5082

Abstract. The article analyzes the legal nature of ethical codes, their commonality and differences; on this basis it is proposed to assign those features and classification. The article substantiates the excessive regulatory functions of the code of ethics of prosecutors and the unjustifiability of the approaches used in it, which differ from the ethical rules of other state executive bodies.
Based on the study of law enforcement practice, it is concluded that there is no unambiguous understanding of the categories “misdemeanor that detracts from the authority of the judiciary” and “discrediting the honor of a prosecutor's employee”, which naturally creates the possibility of their subjective application. Any minor “fault” can be classified as such and entail the most unfavorable consequences for the representative of the relevant professional community, making him extremely vulnerable and defenseless before a group of colleagues with the authority to assess the severity of the offense committed. Attention is drawn to the excessively broad discretion in the choice of disciplinary measures due to insufficient regulation of this issue. In view of this, any member of the community who has become objectionable due to his principles and commitment to democratic values may be subjected to serious administrative pressure from the negligent leadership (who has the ability to initiate an audit) and eventually excluded from membership in it. Such a serious instrument creates another threat to persons whose independence is an integral element of their legal status and a guarantee of proper protection of the rights and freedoms of citizens.
The author, using the example of the judiciary, offers a universal criterion for determining the grounds for justifiably terminating powers, and determines the appropriate source. At the same time, taking into account the diversity of ethical codes, an attempt is made to determine their main purpose and place in the general legal system. At the same time, an attempt is made to determine the true purpose of codes of ethics and their place in the general legal system.

Keywords: code of ethics, disciplinary offense, disciplinary liability, termination of authority, authority of the judiciary, honor of a prosecutor, court, principle of independence

For citation. Mikhailov V. K. Codes of Ethics for Professional Communities: A Guarantee of Independence or an Instrument of Pressure? Journal of Russian Law, 2021, vol. 25, no. 2, pp. 160—170. (In Russ.) DOI: 10.12737/jrl.2021.026

■ YOUNG SCIENTIST’S TRIBUNE

Legal Regulation of Public Comment of Normative Legal Acts Using Telecommunications Technologies

A. Yu. Bazykin

Arkadiy Yu. Bazykin
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, arcadiu93@mail.ru

Abstract. The article discusses the application of modern telecommunication technologies in institute of public comment on draft regulatory acts. The research considers history, regulatory framework and practice of public comment in Russia. The main tasks of the research are to analyze modern application of Internet features in public comment process and formulation of proposals for its improvement.
The methodology of the research is determined by chosen subject and tasks and includes formal legal with comparative law methods as a set of general scientific methods such as analysis and synthesis.
According to the author, public comment on draft regulatory and legal acts using websites, specifically developed for this purpose, is significant component of concept e-democracy which promotes trust between citizens and government and improves efficiency of rulemaking process. Despite the legal framework of public comment which was created in recent ten years in Russian Federation, there are several problems, which limit the effect of public comment on rulemaking process. The most important problems relate to limited number of legal acts to which public comment could apply and low popularity of public comment among the citizens. As a consequence, the author proposes to extend the procedure of public comment to all legal acts and regulations, with the exceptions of those acts, that are associated with state secret and acts of a technical nature. Success in increasing the popularity of public comment can be achieved through increasing usability of mechanism of public comment and using the mass media to disseminate information about public comment on important draft acts. The real interest in public comment, shown both by government and society, is the essential factor for efficiency of this mechanism, by the way.

Keywords: e-democracy, public comment, legal acts, public comment, regulatory acts, telecommunication technologies, citizen participation, Internet

For citation. Bazykin A. Yu. Legal Regulation of Public Comment of Normative Legal Acts Using Telecommunications Technologies. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 171—182. (In Russ.) DOI: 10.12737/jrl.2021.027

■ LEGAL LIFE. CHRONICLE

The Results of the All-Russian Meeting of Law Theorists Dedicated to the 80th Anniversary of Professor V. V. Lazarev  Pdf 16

A. I. Sidorenko, Yu. E. Ibragimova

Andrei I. Sidorenko1, Yulia E. Ibragimova2
1, 2Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
1 implement@izak.ru, https://orcid.org/0000-0002-5356-3363
2 ibragimova.j.e@gmail.com, https://orcid.org/0000-0003-2355-4017

Abstract. The article provides an overview of the All-Russian Meeting of Law Theorists, held on October 22, 2020 at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, dedicated to the 80th anniversary of Professor Valery V. Lazarev. The agenda of the meeting included scientific reports devoted to theoretical problems of modernization of legislation in new areas of legal regulation. The participants of the discussion exchanged their views on transformation of law in the digital environment and the new technological order of society, as well as concerning legal regulation in the field of using artificial intelligence and the role of legislative and judicial bodies. The speakers also discussed the scientific concepts outlined in the works of V. V. Lazarev, in particular, the issues of gaps in legislation, socio-psychological foundations of the application of law, the scope(s) and limits of legal regulation. The speakers also disputed upon the problems of lobbying law-making decisions, as well as the practical implementation of the ideas of V. V. Lazarev.

Keywords: Institute of Legislation and Comparative Law under the Government of the Russian Federation, All-Russian meeting of legal theorists, modernization of legislation, digital transformation, constitutional reforms

For citation. Sidorenko A. I., Ibragimova Yu. E. The Results of the All-Russian Meeting of Law Theorists Dedicated to the 80th Anniversary of Professor V. V. Lazarev. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 183—201. (In Russ.) DOI: 10.12737/jrl.2021.028

Adobe pdf 24  Full text in Russian

Discussion of the Issues of the Administrative Responsibility Evolution in Russia (Scientific and Practical Seminar)  Pdf 16

A. F. Nozdrachev, T. A. Levonenkova

Aleksandr F. Nozdrachev, Tatyana A. Levonenkova
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, adm1@izak.ru

Abstract. The Institute of Legislation and Comparative Law under the Government of the Russian Federation held a scientific and practical seminar on issues of the administrative responsibility evolution in Russia. The participants discussed such issues as criminal offence under the laws of the Russian Empire as a prerequisite for the emergence of administrative responsibility, the emergence of administrative responsibility in the first years of Soviet power, the administrative liability in the system of legal responsibility, attempts at codification of the legislation on administrative responsibility goals, objectives, principles, forms, codification, the Foundations of legislation of the USSR and the Union republics on administrative offences and administrative offences code of the RSFSR — the first codification, trends in the development of the legislation of the constituent entities of the Russian Federation on administrative offenses, the problem of coordinating lawmaking in the field of establishing administrative responsibility, etc.

Keywords: administrative law, administrative responsibility, evolution, misdemeanor, code

For citation. Nozdrachev A.F., Levonenkova T.A. Discussion of the Issues of the Administrative Responsibility Evolution in Russia (Scientific and Practical Seminar). Journal of Russian Law, 2021, vol. 25, no. 2, pp. 201—207. (In Russ.) DOI: 10.12737/jrl.2021.029

Adobe pdf 24  Full text in Russian

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