THEORY AND HISTORY OF LAW SCIENCES
The nature and distinguishing features of legal liability institutions in the legal system were analyzed. The tendency to define legal institutions in the branches of law solely through the legislative factor (tied to regulatory acts) was criticized. Distinctions were made between the concepts of “legal liability type” and “legal liability institution,” highlighting the key differences between them. Additional evidence was provided to support the identification of legal liability institutions by relating them to particular branches of law, which are considered the structural elements of the legal system at both macro- and micro-levels. The mechanical classification of legal liability institutions belonging to various branches of law within public or private law was challenged. The practice of treating private and public law liability, along with procedural and substantive liability, as a set of institutions associated with specific legal branches was questioned. The conclusion was made about the need to raise the issue of legal liability legislation that does not mirror the structure of legal liability institutions existing in the legal branches. This differentiation would create an effective legal liability system, without complicating it with numerous legal entities.
This article explores the views of two outstanding medieval thinkers, John of Salisbury and Thomas Aquinas, on law (its types, functions, and purpose). Their intellectual reflections were based on the theoretical political knowledge and historical context of the time and played a key role in the development of “scientia politica” during the 12th–13th centuries. Both thinkers distinguished between Divine, natural, and human (civil) laws, emphasizing their interconnectedness and interdependence within society. The obtained results show that they had a Christian worldview, where the king, guided by the three laws and the principles of justice, was destined to lead his subjects toward the “common good”, ensuring their freedom and happiness.
PUBLIC LAW SCIENCES
This article presents the results of a survey of the origins and development of the Kazan school of financial law at Kazan University during the era of significant transformations in the interplay between Russia’s legal, state, and economic systems. The critical role of reforms in the first half of the 19th century, which were a response to the evolving economic and political landscape of Russia, in shaping the principles of financial law as a science was demonstrated. A detailed analysis of the pioneering views and works of such financial scholars as I.Ya. Gorlov, E.G. Osokin, D.M. Lvov, and P.A. Nikolsky was performed, highlighting their pivotal impact on the emergence of financial science at Kazan University. It was concluded that, by the mid-19th century, Kazan University had established a distinct financial law school, thus contributing considerably to the financial law doctrine of pre-revolutionary Russia.
The main criteria of the boundaries of legal regulation for party relations were analyzed based on a case study of Russian legislation. The principles of party law, as well as their correlations and impact on interpreting the existing legislative norms, were examined using formal-logical, systemic, institutional, and hermeneutic methods. The diversity of these principles across legal branches was found. However, it is still insufficient to define the boundaries of legal influence with complete certainty, thus requiring from the subjects of legal enforcement to perform a case-by-case evaluation of the legal frameworks of party activities. Here, the boundaries of legal regulation for Russian political parties were established as a set of elements determined by the current legislation and built upon its goals and objectives for maintaining legal order in the functioning of party organizations. It was demonstrated that the latter are influenced by the scope of legal regulation and guided by the system of principles that outline the objective limits of legal influence on party relations.
The problems of refining the existing legal framework governing the relationships concerning awards that arise from the state’s incentive policy specified by certain legal acts, were examined. Several intricate theoretical constructs were analyzed: legal policy, incentives, and awards. Based on the obtained results, incentives were defined as a tool used by the state to encourage desired behaviors and achieve public policy goals. Considering that awards refer to the encouragement of this kind, award policy was understood as a type of incentive policy encompassing the activities of national and local authorities and civil society institutions, aiming to establish and enhance the regulations for conferring awards, promoting socially beneficial behaviors and outcomes in various areas of public life, as well as outlining the main goals, principles, and objectives of such initiatives.
This article examines the form of the Islamic state, comparing it with the classification accepted in continental jurisprudence and drawing parallels with secular and theocratic state models. It emphasizes that Islamic jurisprudence (fiqh) does not recognize certain structural elements, such as government, territorial organization, and political regime. Instead, the above elements represent a single category, with the caliphate as the ultimate state form. Musa Bigiev (1874–1949), a prominent Tatar theologian, philosopher, and lawyer, extensively studied the caliphate as a form of the Islamic state. His scholarly works focus on the Sunni and Shia concepts of the caliphate, the general principles of governance, as well as other critical aspects determining the essence of the Islamic state. Based on a comprehensive analysis of Musa Bigiev’s thoughts, the need to define the exact form of the Islamic state is demonstrated and justified.
PRIVATE LAW SCIENCES
This article outlines the practices of Russia and the Republic of Kazakhstan concerning the development of a normative framework that defines the system of sources of law. In Russia, the effort to create a clear and explicit list of sources (forms) of law has been a longstanding and widely discussed issue, which is, however, a paradox, as law enforcers should know the “format” or framework in which legal norms are articulated and have no doubt about it. The results of the study demonstrate that establishing a robust normative framework for defining the system of sources of law would offer clear guidance when determining legal norms applicable in specific cases and would streamline the decision-making process in situations of legal conflicts. Additionally, it could be advantageous to draw on the experience of the Republic of Kazakhstan in normatively defining a complete list of sources of national laws, provided that its approach is thoughtfully interpreted and creatively adjusted.
With the rapid expansion of the internet, the extensive digitalization of all aspects of modern society, and the accelerated adoption of artificial intelligence technologies, the concept of digital twins has become increasingly relevant. However, modern legal science still needs to bridge the gap in regulating digital twins and establish clear approaches to their use. In this article, the legal status of digital twins, a concept new to Russian law, was examined. The potential impact of digital twins on legal relations was estimated. The major legal problems and risks resulting from the use of digital twins of humans were identified and discussed. It was proposed to legally define the concept of a digital twin (surrogate) and digital human rights, set legal boundaries for the actions of an AI-driven digital twin, adjust access levels for various services, delineate the legal implications of actions taken by digital twins in virtual environments, and outline clear and effective methods to protect digital twins.
This article examines the effectiveness of testing to protect the rights and legitimate interests of non-qualified investors in the stock market based on the analysis of tests related to options trading. The rapid advance of digital technologies has reshaped all areas of public life, including economic relations governing exchange-traded funds. The automation of trading processes for stocks, bonds, options, and other financial instruments has attracted an increasing number of participants to the stock market. However, the low levels of financial literacy among them raise concerns. To mitigate potential risks, the state must develop and implement special mechanisms, methods, and protective measures (both legal and educational) that would enable non-qualified investors to fully exercise their rights and safeguard their legitimate interests, empowering them to navigate the stock market effectively and confidently, without fearing adverse consequences such as financial losses, debt, or bankruptcy due to legal and economic illiteracy. The obtained results show that the organization of testing for granting access to options trading is an effective solution to the problem of protecting non-qualified investors in the stock market.
CRIMINAL LAW SCIENCES
This article presents the results of the first critical legal analysis of a novel provision in Russian criminal law that penalizes anyone who engages in the illegal use, transfer, collection, or storage of computer information containing personal data, as well as in the creation and management of information assets designed for the unauthorized storage and distribution of such data. The major flaws and contradictions in Article 272 of the Criminal Code of the Russian Federation were exposed, and potential solutions of certain problems associated with its enforcement were proposed. Theoretical recommendations were developed to strengthen the legislative measures targeting breaches of computer information containing personal data of minors, special categories of personal data, or biometric personal data. Some challenges that may arise when categorizing acts involving the cross-border transfer of computer information containing personal data and the cross-border flow of computer information carriers holding personal data were identified. The findings contribute to improving the criminal law framework for safeguarding personal data and advancing the Russian criminal law doctrine on liability for cybercrimes.
The current objectives of Vietnam’s state policy, as outlined in the Resolution of the XIII National Congress of the Communist Party of Vietnam in 2021, emphasize the importance of human security. The Party specifies that national security relies primarily on targeted government measures to promote and enhance the safety and welfare of citizens. This article explores the concept of human security in relation to the concept of national security and defines key steps that Vietnam can take to further strengthen its security. This article explores the concept of human security in relation to the concept of national security and defines key steps that Vietnam can take to further strengthen its security, focusing on seven primary aspects: economic security, food security, health security, environmental security, personal security, public security, and political security.
This article explores the current legal and regulatory practices on lowering atmospheric methane, the main short-lived gaseous pollutant, adopted by the world’s largest methane emitters. In 2021, many countries joined the Global Methane Pledge (GMP), a joint international initiative, which has since been the guiding framework for estimating and reducing global methane levels. The GMP’s primary task is to support the goal of the Paris Agreement on climate change. Due to methane’s short life and the phenomenon referred to as the methane paradox, it has become clear that abandoning hydrocarbons completely would not guarantee a swift decrease in the radiative forcing of the lower troposphere. Reduction of aerosol emissions will lead to more intense warming during the first ten years, as aerosols are rapidly removed from the atmosphere. The only way to mitigate this effect is to curb short-lived methane emissions. Our findings reinforce previous conclusions and stress the critical need for developing legally binding regulations, both national and international, on greenhouse gas emissions.
ISSN 2500-2171 (Online)