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Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki

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Vol 166, No 3 (2024)
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THEORY AND HISTORY OF LAW SCIENCES

7-17 129
Abstract

This article theoretically examines some contradictions and major milestones in the development of the doctrines of just laws as laid out by prominent Russian scholars during the 19th century. It analyzes the problems surrounding different theoretical approaches and conceptions regarding the connection between justice and law through the works of M.M. Speransky, N.M. Karamzin, P.I. Pestel, N.M. Muravyov, K.A. Nevolin, B.N. Chicherin, V.S. Solovyov, and S.A. Muromtsev. The results obtained show that the period under study was marked by the elaboration of a conceptual framework and basic criteria of positive law from the perspectives of liberal (natural law) and ethical beliefs, which align with spiritual (Christian) principles. This strengthened the humanistic and moral foundations of Russian legal understanding. Additionally, a continuing and stable connection is revealed between the philosophical and legal doctrines of the 18th and 19th centuries, indicating the common (abstract, not fully comprehended) motivational grounds and logic in the establishment of legal freedoms.

18-29 134
Abstract

In this article, certain factors that influenced legal continuity during the Age of Enlightenment are discussed. The major processes of the period are analyzed, and the importance of legal traditions as the foundation of legal continuity is highlighted. A brief overview of the key approaches to understanding legal traditions is given. Particular attention is paid to the regional divergences of the Age of Enlightenment, with a focus on its specifics in England and later Great Britain, the German and Italian states, France, Russia, and the USA. It was revealed that all factors can be divided into two groups. The first group includes general conditions, circumstances, and prerequisites, which can be further classified into natural and social ones. Natural factors are largely unaffected by the landscape of the period, while social factors are closely tied to society. The factors pertaining to the Age of Enlightenment are part of the latter group. They are of two types. The first type is not actually related to the legal reality of the period. The second type reflects the Enlightenment political and legal doctrines. Conclusions are drawn about the direct and indirect impacts of these factors on the historical processes. It is also demonstrated that the factors of legal continuity formed a unique combination in each studied society, with their influence apparent even after the Age of Enlightenment.

30-39 118
Abstract

This article examines the problems of identifying the values of procedural policy from theoretical and applied perspectives. Rooted in the general axiological principles of law, the values of procedural law guide law enforcement toward achieving positive outcomes by effectively resolving conflicts and disputes among the parties of legal procedures. It was shown that the values of procedural policy are best described by the axiological approach, which highlights its focus on meaningful, effective, rational, fair, and reasonable actions that align with the higher purpose and value of law. The conclusion was made that, in accordance with the strategies of legal axiology, procedural policy should be based on the doctrinal principles of legal science to enhance the efficiency of legal activities and uphold the value of lawmaking and law enforcement, including the administration of law, within today’s legal framework. The value of legal procedural policy was found to lie in setting new axiological standards, primarily associated with the dynamic development and use of new information technologies in legal practice. The value of jurisprudence in systematizing the legislative process and law enforcement was explored, thereby affirming the axiological nature of legal procedural policy.

PUBLIC LAW SCIENCES

40-54 127
Abstract

The health and well-being of the population are two core values that underpin the Russian state policy. With digitizing healthcare, a growing interest has been witnessed in the constitutional value of health, as well as the right to healthcare and medical assistance. This focus is essential for the development of the Russian healthcare legislation and state policy strategies. Here, the normative content of the right to healthcare was explored from historical and current perspectives. The study used both standard (analysis and synthesis) and some specific (historical, statistical, logical and comparative legal) methods. The analysis was based on the constitutional provisions of the Soviet era and the Constitution of 1993; the laws and regulations of the federal Russia that concern healthcare and define the priority areas of the Russian state policy; and the legal interpretations from the Constitutional Court of the Russian Federation and general jurisdiction courts. Particular attention was given to the role of health in different areas of life, such as the economy, society, environment, science, and technology. The retrospective research on the constitutional regulation of the social value of health during the Soviet era was performed. The normative content of this value and its components in the current Russian legislation was identified. Guarantees for the right to healthcare and medical assistance in the priority areas of the Russian state policy were considered. Recommendations to improve these established guarantees were designed.

55-68 159
Abstract

Globalization has had far-reaching effects on all key spheres of public life, leading to mixed outcomes, both positive and negative. One of the recent global trends is the fast and large-scale spread of viral infections, which has profoundly reshaped the economic landscapes, political environments, and government systems of most states. As the COVID-19 pandemic progressed, governments worldwide were forced to impose unprecedented restrictions that interfered with fundamental human rights, such as the freedom of movement and speech, to curb the virus spread. It sparked rigorous debate among the academic community and practicing lawyers. This article overviews the measures taken by Russia and other states in response to the COVID-19 pandemic. The obtained results highlight the need to legally establish new conceptual frameworks related to disease control, as well as to develop clear legal guidelines on optional and mandatory steps that public authorities should take in order to ensure the sanitary and epidemiological well-being of the population. Therefore, it was concluded that certain legal provisions must be specified to define the grounds and extent to which the rights and freedoms of citizens can be limited in case of viral epidemics.

69-80 90
Abstract

The legal methods for regulating political party relations in Russia were analyzed using formal logical, systematic, institutional, and hermeneutic approaches. The Russian constitutional law employs the mixed method, which underpins the constitutionalization of political parties. In contrast, the prevailing imperative method emphasizes the administrative and legal foundations of the standards that define the rights and obligations of political parties. In turn, the interplay of the imperative and mixed methods in the Russian political party law has resulted in covert obligations for political parties, which are also their subjective rights. However, not all rights of political parties align with the concept of subjective rights as developed in constitutional and legal doctrine. The results obtained suggest that the current constitutional legislation in Russia is abstract, impeding a clear understanding of the rights and obligations of political parties. By exploring the doctrinal approaches, the strategies for recognizing the methods of legal regulation were singled out, depending on the interests protected by the analyzed legal standards. Thus, the specific methods of private and public law were identified, which, with the institution of political parties as an example, explain the complex nature of most legal standards. Taken together, these standards outline a complex variety of legal means to influence political party relations. Therefore, being crosssectoral, the political party standards facilitate the resolution of conflicts in law enforcement that arise in constitutional, party, electoral, and administrative legislation.

PRIVATE LAW SCIENCES

81-96 1376
Abstract

The number of arbitration cases handled by the Constitutional Court of the Russian Federation has steadily increased over the years. The evolution of social practices and judicial approaches to arbitration procedures has prompted the supreme body for judicial protection of the Russian Constitution to repeatedly review whether the legal concepts used to resolve civil disputes by arbitration courts and international commercial arbitrations align with the nation’s basic law. The outcome of this process is a set of legal principles that define the constitutional and judicial foundations of arbitration in Russia. The above trends have facilitated the use of the integrative concept of constitutionalism in arbitration. This study highlights the constitutionalization of both arbitration and its social application. From a standalone perspective, the problems of enhancing the constitutional and legal principles of arbitration were discussed, and the further progress of constitutionalism in Russian arbitration was predicted.

97-109 122
Abstract

This article substantiates the need for shaping a separate legal system to regulate the relations in tissue banking, as well as biomedical tissue and hybrid technologies. The key problems that have been faced by biomedical and cellular tissue technologies in Russia were analyzed. The major deficiencies and contradictions regarding organ and tissue transplantation in the current Russian legal system were pointed out. First, there have been no federal laws governing the activities of tissue banks. Second, the procedures of human biomaterial donation for medical use remain uncontrolled. Third, there has been no consistency in the retrieval, storage, and transportation of human biomaterials. Finally, the list and legal status of organizations engaged in relevant activities and the legal regime of biological material used for these purposes have not been defined. The study focuses on the practical problems of tissue banks and innovative biomedical technologies that require a legislative initiative. Possible ways to overcome the identified contradictions and problems were discussed.

110-121 96
Abstract

The primary task of enforcement proceedings in civil cases is to ensure that court decisions are executed appropriately. Much of the responsibility to timely and effectively enforce court decisions falls on bailiffs. However, their behavior is not always legal. This article discusses the important issues of compensating for harm caused by the Russian Federal Bailiff Service. The legal regulations that apply to a bailiff’s actions or inactions were analyzed. The real legal cases were considered. The statistical data from the Judicial Department at the Supreme Court of the Russian Federation were summarized. Based on the results obtained, the procedural aspects of handling such cases in both general jurisdiction and arbitration courts were identified. Finally, the emphasis was placed on predicting the development of Russian legislation and procedures in compensation for harm caused by the public authorities, including the Russian Federal Bailiff Service. The enduring relevance of the studied issues for further advancement of legal science and practice was highlighted.

CRIMINAL LAW SCIENCES

122-134 94
Abstract

This article explores human rights mechanisms as a set of international and domestic bodies that are legally authorized to perform oversight and supervisory activities for protecting the rights, freedoms, and legitimate interests of convicts. A classification of human rights mechanisms within the penitentiary system was given, taking into account the universal and regional value of Russian and international laws and their influence on the legal status of convicts serving their criminal sentences. A new type of legal process, (penitentiary) criminal enforcement, was proposed for future consideration and defined. The status of the cross-sectoral institution of death penalty was discussed from our own perspective on the matter. With regard to the primacy of international legal norms and treaties in expanding and upholding the rights, freedoms, and legitimate interests of convicts, it was concluded that the Russian legislative system has a legal axiom worthy of integration into other modern legal systems.



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ISSN 2541-7738 (Print)
ISSN 2500-2171 (Online)