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Moscow Juridical Journal

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No 2 (2024)
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ТЕОРЕТИКО-ИСТОРИЧЕСКИЕ ПРАВОВЫЕ НАУКИ

6-13 135
Abstract

Aim. Comparison of the monument of Novgorod law of the 13th century “The Handwriting of Prince Vsevolod” and the charters of merchant associations of German cities belonging to the same genre of writing and type of legal documents.

Methodology. Comparative legal, historical, systemic and system-structural methods were applied, as well as general scientific methods of induction and deduction.

Results. As a result of the study, the author comes to the conclusion that the coincidence of legal norms in organization, activity and trade allows us to perceive the statutes of Veliky Novgorod as regulatory documents that meet the best examples of European medieval legislation.

Research implications. For the first time in the study of the history of the state and the law of Russia, an analysis of the early domestic entrepreneurial law of the Middle Ages was made. The materials of this article can be used in the educational process within the framework of the subject “History of the State and Law of Russia.”

14-23 125
Abstract

Aim. Determine the political and legal nature of constitutional projects in early 1730.

Methodology. A political and legal comparative analysis of “constitutional” projects and other evidence in the field of the history of Russian law related to an attempt to change the political system in the Russian Empire in connection with the conspiracy of the Supreme Privy Council in early 1730.

Results. The authors revealed that the proponents of limiting the power of the monarch in Russia proceeded from the provisions of natural law, which were well known among educated Russians at that time. The lack of legal traditions of parliamentarism in Russia led to the fact that the constitutional projects of the beginning of 1730 had little in common with such projects in a number of Western countries, but the authors at the same time believe that Russian society has not gone so far in its legal consciousness from the countries of continental Europe in the first half of the 18th century. The authors believe that the “Conditions” of the “supreme leaders” were the answer to the challenges of their time, which Russia faced already at the end of Peter the Great’s reforms.

Research implications. For the first time in the study of the history of the state and law of Russia, an analysis of early domestic constitutionalism was made, from the standpoint of studying the influence of the school of natural law on Russian society and the reaction of elites to crisis processes in the country. The materials of this article can be used in the educational process within the framework of the subject “History of State and law”.

24-33 124
Abstract

Aim. Development of new approaches to the subdivision of legal relations (as a generic concept with the expression of its definition) into species potential and valid. These types are recognized as initial in the explanation of legal relations and are supplemented by a different species division of legal relations.

Methodology. The following special methods of legal analysis were used in the work: analysis, synthesis, generalization, hermeneutic method, historical method, comparative and structural-functional methods. As a result, the research will clearly identify both existing methodological approaches and those that have arisen due to innovations in legal thinking and are able to cover the features of knowledge of law as a social phenomenon.

Results. The structure of legal relations is revealed in a new way, and the significance and significance of legal relations in the legal regulation of public relations and in the general theory of law, the theory of legal relations are determined.

Research implications. It was concluded that legal relations are also significantly a form of existence and implementation of the functions of law - regulatory, protective, informational, ideological, instrumental, etc., an expression of the degree of their implementation in a state-organized society. This gives them functionality in it. Moreover, they are integratively related to all forms of law created and implemented in the state, in their hierarchy. This means that legal relations have their own hierarchy of their existence and implementation, which deserves special consideration.

ПУБЛИЧНО-ПРАВОВЫЕ (ГОСУДАРСТВЕННО-ПРАВОВЫЕ) НАУКИ

34-40 117
Abstract

Aim. The purpose of the article is the scientific clarification of the role of legal science in the complex regulation of economic and entrepreneurial relations in the modern Russian legal state.

Methodology. Due to the fact that numerous practical issues are located in the segments of intersection of several scientific specialities, the authors of the article drew attention to the fact that a sufficient degree of correlation between the provisions of such scientific specialities as “Law” and “Economics” could serve as a guarantee of constructive development (for example, the phenomenon of budgetary federalism is located on the edge of these sciences).

Results. The new level of economic development of our era determines the renewal of legal content; the article proposes to position legal science (both in its fundamental and applied role) as a “road map” of modern reality, in particular, assuming the conjugation of the provisions of scientific specialities “Law” and “Economics” in legal science.

Research implications. The content of public economic relations belongs rather to the competence of economic science. The article, based on rich practical material, shows the importance of the legal aspect (formalisation of the relations under consideration). The practical significance of the article lies in the disclosure of the role of law in such areas as: compliance of initially objective economic relations (a particular type of them) with the basic principles of law and the rule of law; as well as in the high quality of legal technique.

41-51 116
Abstract

Aim. The authors interpret Russian-Chinese relations in terms of the crisis of the unipolar world and the result of the failure of the old concept of Russia’s foreign policy, which can be conventionally called “Atlanticism”.

Methodology. The article is intended to contribute to the study of the recent history of Russian-Chinese relations, from the point of view of methodology; in this regard, the authors pay much attention to the chronology of the development of relations between Russia and the PRC. At the same time, the authors have the task of showing to non-East historians the process of Russia’s turn towards strengthening relations with China.

Results. The authors help the teacher to form ideas about the trends in the development of modern Russian-Chinese relations within the framework of tracing the chronology of changes in these relations in the context of analysing the crisis of the unipolar world.

Research implications. The authors divide Russia’s past foreign policy into “Atlanticism” and “Eurasianism”, examining Russian-Chinese relations in the context of the latter, demonstrating that Central Asia and Kazakhstan are now part of the system of joint interests of Russia and China, so Russia’s geopolitical horizons are shifting towards the Pacific Ocean, i.e., far beyond the former USSR.

52-63 127
Abstract

Aim. Determining the political and legal impact of British intervention on the formation of the Azerbaijan Democratic Republic..

Methodology. A political and legal comparative analysis of the process of constitutioning the Azerbaijan Democratic Republic was carried out.

Results. The authors have revealed that the Azerbaijan Democratic Republic took place largely under the influence of foreign interventionists, primarily the British military authorities, who were looking for political support in the Transcaucasian region.

Research implications. For the first time in the study of the history of the state and law of Russia, an analysis of the influence of the English intervention on the constitution of anti-communist regimes in Transcaucasia is made on the example of the Azerbaijan Democratic Republic. The materials of this article can be used in the educational process within the framework of the subject “History of State and law”.

64-72 94
Abstract

Aim. Formation of scientific knowledge on ways to create a mechanism for managing the pricing of essential food products by legal means.

Methodology. The trend of increasing legal regulation of the market has been traced. The work uses general scientific research methods, which allows you to take into account foreign experience in solving food security problems, as well as service tools, Overton windows, which allow you to identify trends in the development of modern legal consolidation of the foundations of the Food Security Doctrine. Analysis of the structure of market legal relations allows us to determine the direction of the formation of the legal doctrine for managing the pricing of essential food products.

Results. The analysis showed the theoretical possibility of creating a mechanism for managing the pricing of essential food products by legal means.

Research implications. Proposals were presented on the formation of a legal doctrine for managing the pricing of essential food products. The author’s edition of the concept of legal technology for the formation of pricing by manufacturers of essential food products has been introduced.

 

73-83 98
Abstract

Aim. To analyze the experience of prevention and avoidance of corruption offenses in the sphere of state and municipal procurement in the Russian Federation on the example of the Sverdlovsk Oblast.

Methodology. Analytical and descriptive methods were used to collect information for the study. In particular, data on purchases organized by municipal authorities of the Sverdlovsk Oblast, as well as certificates of income of civil servants were analyzed. The experience of prevention of corruption offenses in the Sverdlovsk Oblast was also described: anti-corruption education, monitoring of procurement documents, connection to the Poseidon anti-corruption information system.

Results. Empirical confirmation of the hypothesis about the need for comprehensive work to prevent corruption in public authorities was obtained on the material of the Sverdlovsk Oblast.

Research implications. The results obtained can be used in planning practical actions to counteract corruption in the regions of the Russian Federation and in further theoretical research of the issue.

ЧАСТНО-ПРАВОВЫЕ (ЦИВИЛИСТИЧЕСКИЕ) НАУКИ

84-90 111
Abstract

Aim. Identification, analysis and clarification of the civil consequences of affiliation of legal entities.

Methodology. The work is based on the disclosure of the concept of affiliation through the civil consequences of the affiliation of legal entities. The main method of research is a theoretical and methodological analysis of sources on this topic, as well as a comparative analysis of various points of view in the context of the problems of the work.

Results. The article examines the specifics of affiliation in relation to legal entities, as well as the civil law consequences of this phenomenon in modern legal practice. The authors disclose the content of the legal category of affiliation, as well as the concept and characteristics of affiliated legal entities.

Research implications. Logically justifying the importance of affiliation in the context of civil law consequences, the main part of the study is devoted to the author’s definition of this phenomenon and its impact on legal entities.

91-97 115
Abstract

Aim. To determine the legal status of subjects (its shortcomings) promoting justice (in particular, of a translator/interpreter) in the context of constantly changing legislation on civil proceedings and to propose measures aimed at eliminating these shortcomings.

Methodology. To achieve the stated goal, general scientific and special methods of cognition were used as a methodological basis, including primarily the analysis and synthesis, analogy, comparative legal and systemic functional methods.

Results. The study makes it possible to state the need to recognize a translator/interpreter in civil proceedings as a person with special knowledge and to make appropriate adjustments to codified sources.

Research implications. The procedural and legal specifics of the participation of an interpreter/translator in Russian civil proceedings are revealed. The role of an interpreter/translator in protecting the rights and legitimate interests of citizens in civil proceedings are determined, and it is made possible to identify patterns of law enforcement activities in this area.

CRIMINAL LAW SCIENCES

98-106 101
Abstract

Aim. Assessment of the content, orientation and significance of the criminalistic thinking of the prosecutor participating in pre-trial criminal proceedings.

Methodology. The key research method was the content analysis of Russian legislation and the point of view of criminologists regarding the definition of the concept, essence and content of criminalistic thinking in solving problems. arising in the process of solving and investigating a crime. Comparative legal and logical-legal methods were used. as well as the method of system analysis.

Results. The author’s position on the criminalistic thinking of a prosecutor participating in criminal proceedings as a necessary component of his professional intelligence is substantiated. The author’s definition of the concept of criminalistic thinking of a prosecutor is formulated, the scope, directions and goals of its use in pre-trial criminal proceedings in modern legal conditions are characterized, the stages of its formation, the importance of generalization, analysis, and use of relevant positive experience in prosecutorial practice are considered.

Research implications. Theoretically justified the use of forensic capabilities in prosecutorial supervisory activities. The relevance, practical significance of the prosecutor’s forensic thinking in ensuring proper efficiency of supervision in pre-trial criminal proceedings, the need to expand the limits of its use by establishing in the law a wider range of supervisory powers of the prosecutor at this stage of the criminal process have been proven.

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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)